An off-duty, uninformed MDPD officer in an unmarked car and not within his jurisdiction observed our client allegedly battering his girlfriend inside his vehicle. He approached, detected the odor of alcohol, and had the garage security call the Coral Gables Police Department to respond. The responding officer noticed bloodshot, watery eyes, and a strong odor of alcohol. Our client admitted to drinking alcohol, performed poorly on the Field Sobriety Exercises and was arrested for Driving under the influence. Subsequently, a breath sample was provided which read .211, .233, and .223 (almost three times the legal limit).
Result: The off-duty police officer who initiated the “stop” attended and testified. The arresting officer (who also did the breath test) failed to attend and failed to provide just cause for his failure to attend. We kept our client supplied with a driving permit from the date of arrest until the hearing of almost five months. He is now eligible to regain full driving privileges.