Charges dismissed – casselberry dui not guilty despite asleep at the wheel and above .08 breath
Case: State of Florida vs. XX, Seminole County, Sanford, Florida
Judge: The Honorable Fred Schott
Charges: Driving Under Influence
Arresting Agency: Casselberry Police Department
Facts: The Officer stopped the client for purposes of a well-being check after found asleep at the wheel at a red light. Upon awaking XX the Officer claimed he smelled alcohol and the "usual" symptoms of impairment. The officer told our client to get out of his car, and perform roadside exercises. The Officer believed the client did poorly, and was arrested for DUI. The breath test results were above the legal limit.
Defense: Ryan and the client felt that he was indeed not impaired, rather exhausted from long work hours. The client did not appear drunk on the video at trial. Further, despite the client blowing above the legal limit Ryan was able to argue that the State could not prove XX's blood alcohol was above the limit at the time he was driving only his blood alcohol at the time XX submitted at the Jail.
Result: The jury agreed and found the client NOT GUILTY. All charges dismissed.