Woman Stopped At Random Checkpoint Fails Field Sobriety ExercisesNo DUI Conviction!
Our client entered a DUI checkpoint that was hosted by the Cape Coral Police Department. The officer requested our clients driver’s license and vehicle’s registration, which was produced without delay. However, the officer noticed that the drivers speech was slurred coupled with a moderate odor of an alcoholic beverage, emitting from her breath. A request was then made that the driver submit to a series of field sobriety exercises, which the driver performed poorly. Our client refused breathalyzer testing. After completion of the DUI investigation and arrest was made for DUI-Refusal. Result: After diligent negotiation with the Sates Attorney, and a Motion to Suppress, challenging the sufficiency of the checkpoint policies and procedures and the Multi-Jurisdictional Task Force policies and procedures, the result ended with NO DUI CONVICTION!