Client was stopped in a McDonald’s parking lot after he was observed speeding and crossing over multiple lanes of traffic. The officer observed an odor of alcohol and had to repeat his commands to the driver. When asked if he had been drinking, our client had responded that he had. A request was then made by the officer that he engage in field sobriety exercises, where he had performed poorly. He submitted to a breath test and the results were .178 and .170, over double the legal limit.
Result: We were unable to subpoena the arresting officer because he no longer works for the Escambia County Sheriff’s Office. Thus were able to convince the hearing officer to lift the suspension because there was no testimony to support probable cause for the stop, probable cause for an arrest, and no testimony about the 20 minute observation period.