Facts: Our client was sitting in the driveway of his cousin’s home in The Villages listening to music. A noise complaint came in and law enforcement arrived. Our client was ordered out of the vehicle and asked to perform field sobriety exercises because officers claimed they smelled alcohol and that our client had blood shot eyes. Despite informing the officer he had recently had a knee operation and would not be able to perform the tasks our client was still asked to perform tasks which required balance and walking a straight line. Upon his inability to complete the field sobriety tasks officers decide to arrest him for DUI. Once at the jail our client refused to provide a breath sample and his license was suspended for refusal.
Results: We reviewed all of the evidence provided by the officers and came up with a strategy for trial. Our client was adamant from the beginning that he did not want to enter a plea. At trial we argued that our client was not impaired by alcohol. No alcohol was found in the vehicle or in the home and our client’s inability to perform the tasks requested were due to his physical condition. He was never given the opportunity to perform tasks which did not require his balance or ability to walk without issue. Additionally, the state argued that our client refused to provide a breath sample because he knew he would be over the limit. We believed the evidence suggested he refused because he was angry that he had been arrested in the first place. At the end of the day the jury agreed with us and our client was found not guilty. Not only was he able to go back to New York and enjoy the holidays with his family but he took the not guilty verdict to the DMV and was able to get his driver’s license reinstated!