12/4/2009 - Posted by:
Stone & Associates, P.A.
Phone: 904-396-3335
Alt. Phone: 904-536-9309
Fax: 904-399-4540
Mobile: 904-536-9309
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120 MPH Plus Alcohol Not Guilty Verdict
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Our client was stopped by a Florida Highway Patrol Trooper at about 2:00am when he was spotted traveling at over 100mph over the Dames Point bridge on 9A. The trooper alleged that our client was doing 120 mph while racing two other cars and weaving in and out of traffic. After stopping our client the trooper alleged that our client had an odor of alcohol coming from his person and that he had bloodshot watery eyes and slurred speach. He ordered our client out of the car and alleged our client used the door for support and that he was unsteady. Our client agreed to perform field sobriety exercises including the one leg stand, walk the line, finger to nose, Rhomberg Alphabet and the Horizontal Gaze Nystagmus test. The trooper alleged our client performed poorly. Our client told the trooper he had 2 pitchers of beer with a friend at a sports bar several miles away. He was arrested and refused the breath test. During the pretrial phase we filed several motions to suppress however the judge denied them all. The judge indicated that the aggravating circumstances required a lengthy jail sentence if our client was found guilty. A jury trial ensued. At trial we were able to demonstrate that the trooper's testimony concerning the driving pattern actually demonstrated our client was in control of his normal faculties. We were also able to establish that our client was not racing the other cars. Cross examination of the trooper showed his observations did not take innocent factors into account. The cross examination further confirmed that our client actually performed well on the field exercises. In fact, the trooper had failed to recognize the many actions of our client that demonstrated he was not impaired. Our client testified and admitted to drinking 4 beers over a 3 to 4 hour period of time due to the fact that he was watching a basketball playoff game at the bar. He also admitted to traveling at over 100 mph. We were able to point out the many inconsistancies of the state's evidence while showing our client was truthful based on the evidence we were able to produce. In the end the jury took less than 30 minutes to find our client NOT GUILTY.
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