Jury Found Longwood Driver Not Guilty Of Dui Utilizing The “Diabetes Defense
Case: State of Florida vs. XX, Seminole County, Sanford, Florida
Judge: The Honorable Donald Marblestone
Charges: Driving Under the Influence
Arresting Agency: Longwood Police Department
Facts: The client was driving home in the early morning hours when he was pulled over for allegedly hitting a curb in the median of State Road 434. Upon stopping FS the Officer observed what he thought was the odor of alcohol and a night club wrist band. FS was asked to perform field sobriety exercises and was arrested for DUI.
Defense: Of all the questions the Officer asked FS that night, no question pertained to whether he had the disease of diabetes. In fact when an individual is having a diabetic episode due to low blood sugar many physical symptoms are similar to those of impairment by alcohol including the odor of alcohol on one's breath, slurred speech, and poor completion of field sobriety exercises. Further, Ryan argued the "club bracelet" the Officer observed was in fact a diabetic bracelet, the State had no evidence to rebut.
Result: Not Guilty