A Williston Police Department Officer on patrol when he observed a gray Dodge Charger traveling southbound on NE 6th Blvd. The officer stated that the vehicle almost missed the stop sign and made an abrupt and sudden stop. The vehicle then turned north onto Main St and traveled in the wrong lane. The officer then initiated a traffic stop.
The officer approached the vehicle and could smell a strong odor of alcohol coming from inside the vehicle. The officer noticed the driver’s eyes were bloodshot and glassy, that there was a strong odor of alcohol coming from his breath and that he appeared confused. The officer asked the driver if he would perform field sobriety exercise. Ultimately, the driver agreed to perform the exercise.
The officer also noted that he observed six (6) out of eight (8) clues on the walk and turn test and observed two (2) out of the four (4) clues on the one leg stand test. The officer also noted that he observed four (4) out of the six (6) clues on the finger to nose test.
The driver was placed under arrest for driving under the influence and transported to the Williston Police Department to provide a breath sample. Upon arrival at the PD station, another officer requested the driver provide a sample of his breath, which the driver agreed too and blew 0.162 and 0.167. The driver received a DUI citation and his license was suspended for an unlawful breath alcohol sample.
The driver hired Meldon Law. The attorney’s at Meldon Law filed an application for a Formal Review Hearing through the Florida Department of Highway Safety and Motor Vehicle (DHSMV) to challenge the basis of the driver’s license suspension. During the hearing, the attorney from Meldon Law made a motion to invalidate the driver’s license suspension based on an improper 20-minute observation period prior to the breath test being administered. The hearing officer later issued an order setting aside the license suspension.
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DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case. (Date of Suspension: March 18, 2018).