DUI >.15 (Indian River County)
Facts: Our client was driving home after a long day. He stopped in to a bar/restaurant for a pizza. He had a drink while he waited and then headed home. On the way home an officer saw him turn right onto the highway and watched him drive for about a quarter of a mile. The officer claimed that our client ran the red light, by failing to come to a complete stop before making a right hand turn, and that he paced our client before making a traffic stop based on failure to obey a traffic control device, speeding, and weaving within his lane.
Results: We obtained the dash camera footage from the officer’s vehicle and upon review it did not appear that our client failed to stop for the light before making a right hand turn. Additionally, the officer did not immediately pursue our client, he did have to travel at a very high rate of speed to catch up to our client once the officer got a green light. After seeing this we requested to set the officer’s deposition. At the deposition it became clear that the officer did not follow proper protocol to pace clock someone. It was also clear that the officer did not witness our client commit a traffic violation. Based on the fact that the stop was contrary to the law the state dropped the case against our client.