May 6th, 2009: Result: Jury Verdict of Not Guilty in DUI
May 14, 2009 Jury Trial before Judge Bosso-Pardo County Court Division C. Florida Highway Patrol Trooper took the stand for the State and testified to the following: He observed a vehicle northbound on I-95 at a high rate of speed estimated at between 92-93mph. When he lazered the vehicle, the speed was actually 95mph. This vehicle was also swerving in and out of traffic. Thus, he pulled this vehicle over and approached the driver. According to the Trooper, he could smell the odor of alcohol on the driver's breath. The driver also had red blood shot eyes, and slurred speech. The driver become upset and made statements that the "police are always harassing him and that the trooper might as well shoot him."
Then, the Trooper had the driver perform Field Sobriety Exercises on the shoulder on I-95. The Trooper described the performance on all these tasks as poor. Based upon this, the driver was arrested and taken to the Palm Beach County Jail. While there, the driver was asked to give a sample of his breath which he refused to do. The Trooper read the driver his Miranda rights and the driver admitted to taking Oxycodone and Alprazolam.
Attorney Robert Norvell cross examined the Trooper regarding his investigation and conclusions. He then presented closing arguments. The Jury took only 30 minutes to return with a NOT GUILTY verdict. The State in defeat, asked the Judge nonetheless, to impose the maximum fine for the speeding ticket. However, the State had neglected to introduce any of the documents necessary for the Court to made a finding on the speeding ticket. Thus, the Judge granted Mr. Norvell's Motion and found the driver NOT GUILTY of the speeding ticket as well.
(case no. 2007CT037158AXX)