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

Category: DUI

Case #06-CM-014800; Judge Joelle Ober; Date: September 14, 2006

FACTS: The officer observed the defendant's vehicle continuously cross over the lane lines, and have difficulty maintaining a single lane. After a traffic stop the officer noticed that the defendant had an odor of alcohol on her breath, slurred speech, and blood shot eyes. According to the officer the defendant had difficulty standing and fumbled for her wallet. The officer administered Field Sobriety Tests to the defendant, and arrested her for DUI.
During his investigation the defendant admitted to taking xanax, and smoking marijuana a week earlier. The officer requested the defendant to submit a urine screen. After making numerous attempts the defendant was unable to drop urine.

DEFENSE: After questioning the police officer at the formal hearing for Department of Motor Vehicles the officer admitted that the defendant did not seem impaired by marijuana. In addition, the officer admitted that the defendant was sincerely unable to drop a urine screen.

RESULT: After discussing the testimony of the officer at the formal hearing the State agreed to dismiss the DUI charge.