STATE v. BH

The Result

DUI Dismissed

Defendant was stop for speeding, once the officer made contact with the driver he began a DUI investigation. The officer asked the driver to perform field sobriety test, which he failed. The driver was then arrested for DUI. After conducting a criminal history check it was learned that the driver had two previous DUI’s. With the current arrest this would be the defendants third DUI in the past five years. Under Florida Law The there is a minimum of 30 days jail the defendant must serve if convicted of a third DUI in five years, along with other substantial sanctions and fines. After posting bond and being released from jail, defendant retained Attorney Jeff Rich. After reviewing the evidence Attorney Rich felt that the officer who placed the defendant under arrest did not have a valid reason to stop the defendant. Attorney Rich filed a motion to suppress and set it for a hearing. On the morning of the motion hearing the State Attorney’s office chose not to challenge the motion, and dismissed the charges against the defendant.