Facts: Our client was found by FHP stopped on I-95. He was outside the vehicle when FHP approached and determined that our client was under the influence. Our client voluntarily handed the keys over to the officer at which time the officer requested that our client perform standard field sobriety tasks. Based on the officer’s observations our client was taken into custody and asked to provide a breath sample at the jail. Our client refused to provide a sample and was booked into the jail for DUI with a prior DUI.
Results: Our client called us right away and we immediately sent an email over to the state outlining our position. Which was that there was no witness putting our client in actual physical control of a motor vehicle and without any evidence that our client had been driving other than his own statements the state would not be able to present those statements to a jury. We provided the state case law and advised we would be prepared to set the case for trial right away. Once the state reviewed the case and our case law the matter no filed and our client never had to appear in court.