Hendry County, FL. An informant notified police of a noticeably intoxicated elderly man leaving a local establishment in the middle of the afternoon. The Defendant's vehicle was described as a white van pulling a camper. The police caught up with the van/ camper combo and observed the driver swerving. The driver swerved so violently that the camper's wheels left the ground. Police also noticed the taillights and turn signals on the camper trailer were not functioning properly. The Officer initiated a traffic stop.
The driver smelled of alcohol, had bloodshot and watery eyes, slurred speech, difficulty with balance and difficulty understanding instructions. The Officer requested that the Defendant take a Field Sobriety Test and he agreed. Prior to beginning the test, the Defendant explained to the officer that he sustained a leg injury in the Vietnam War and took 8 prescription medications daily for the treatment of pain and Post Traumatic Stress Disorder. The officer requested that the Defendant walk the white line and he performed poorly. The officer placed the driver of the van/camper under arrest and charged him with DUI.
During the Defendant's transport to the county jail, he agreed to submit to a Breathalyzer Test and urine sample. Upon arrival at the jail, the Officer noticed that the Defendant's pants were wet. The Officer questioned the Defendant as to what happened to his pants. The Defendant explained that he had soiled himself during the car ride; due to his age he is unable to hold the urge to use the restroom. Inside the jail the Defendant blew a 0.061 and a 0.060
Breathalyzer. Both Breathalyzer scores are below the legal limit of .08.
The Defendant hired Musca Law Firm to defend him against the charge of DUI. The Musca Law Firm Defense Team tirelessly researched the side effects of the Client's prescription medications taken for the treatment of Post Traumatic Stress Disorder. The side effects include, but are not limited to, dizziness, disorientation, drowsiness, memory impairment and slurred speech. These side effects can be especially pronounced if the medications are consumed with alcohol.
The Musca Law Defense Team requested the State's evidence prior to moving towards trial.
The police cruiser's video was malfunctioning and there was no video record of the client's arrest or field sobriety test. The State also failed to provide the Defense with its' evidence in a timely matter. Musca Law Firm filed motions prohibiting the State from introducing specific reports or information into the case. The Defense's motion was granted and the Client's urine sample was not introduced as evidence against him. The Defense Attorney sucessfully negotiated the case with the State and the charge is reduced to Reckless Driving resulting in NO DUI CONVICTION!
