A witness contacted Florida Highway Patrol after following a driver going 35 mph in a 65 mph zone. The witness stated the Driver had trouble maintaining a single lane and ran over two raised curbs. The witness believed the Driver may have been drunk and feared for the safety of others.
An Officer made contact with the Driver who admitted he had 4 glasses of wine and may be under the influence. The Driver failed roadside testing and submitted to a Breathalyzer Test. The Driver blew an alcohol level of .143 and .145. Florida Highway Patrol charged the Driver with DUI and the Department of Motor Vehicles suspended his driver’s license.
RESULT: The Defense challenged the suspension of the Client’s driver’s license by requesting a Formal Administrative Review Hearing with the Department of Motor Vehicles and Highway Safety. The Defense subpoenaed the arresting Officer and The Breathalyzer Technician as witnesses. The Department of Highway Safety and Motor Vehicles ruled the arresting Officer lacked probable cause that the Client was in actual control of a vehicle while under the influence of alcohol. The DMV LIFTED the suspension and REINSTATED the Client’s license.