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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: DUI

CASE #002-712-XAM; Judge Tom Barber; Date: July 28, 2006

FACTS: The defendant was alleged to have pulled in front of the police officer almost striking a curb. Shortly after pulling into traffic he approached a traffic light where he straddled the double line. The officer followed the defendant who came close to striking a second curb. As the defendant approached the next light he was alleged to have almost struck the vehicle in front of him, and then cut off another vehicle short distance later. The officer stopped the defendant, conducted Field Sobriety Tests and arrested the defendant for Driving Under the Influence. Shortly after arriving at the Orient Road Jail the defendant submitted to a breathalyzer test and blew .143 and .156.

DEFENSE: Shortly after being retained the defendant made us aware of the passenger in his vehicle, and that the path of travel described by the officer was incorrect. Further investigation at the crime scene led us to file a Motion to Suppress the Stop of the Defendant's vehicle. Testimony from the officer elicited during the motion to suppress hearing was inconsistent with the configuration of the area of the arrest and the passenger's testimony.

RESULT: The Court Granted the Motion to Suppress and the DUI charge was dismissed.