APRIL 29th, 2009: State Dropped Charges of DUI
April 29, 2009 On April 10th, 2009, Florida Highway Patrol Trooper Roberts observed a Red SUV traveling on Lake Worth Road without its headlights on. The trooper began following this SUV. According to his report, the SUV drifted toward the center lane, touching the white center divider 3 times within 1/2 mile. When the SUV drifted that third time, it "almost hit a white 4 door vehicle inthe center lane." The Trooper turned on his lights and pulled the SUV over. When the Trooper approached the vehicle he noticed the driver smelled of alcohol, had watery/glassy eyes, a blank stare, and slurred speech. He performed poorly on the field sobriety exercises (walk and turn, one leg stand, and the finger to nose). In the report, the trooper alleges the driver made admissions: "he does not drink often and he has a low tolerance for alcohol... he felt he was under the influence...he was in a Misdemeanor Drug Court Program." The driver was arrested and taken to the Breath Testing Facility at the main jail. He gave two samples of his breath: .060, and .059.
Despite the breath reading, the State initially prosecuted the case based upon the testimony and reports of the trooper. Arraignment was set for May 4th, 2009 at 1:00 pm at Gun Club.
Under Florida law, a breath reading between .05 and .08 does not create a presumption that the driver is impaired. However, it is to be considered along with other evidence to determine if the driver was impaired. Attorney Robert Norvell filed documents with the clerk and State Attorney regarding this case. After their review, the State on April 29th, 2009 stopped the prosecution of the case and the charges were dropped.