MAITLAND DUI-DRIVER EXONERATED EVEN THOUGH MARIJUANA AND OPEN CONTAINER FOUND IN VEHICLE
Case: State of Florida vs. XX, Orange County, Orlando, Florida
Judge: The Honorable Deb Blechman
Charges: Driving Under the Influence with One Prior
Arresting Agency: Maitland Police Department
Facts: An experienced DUI Officer allegedly observed XX speeding on State Road 414. After stopping the vehicle the Officer claimed to observe impairment and arrested XX. Following arrest the Officer found an open container in the vehicle as well as marijuana and a smoking device. A lot was on the line, because the driver was previously convicted of DUI they were facing mandatory jail time.
Defense: Prior to trial Ryan was able to file motions allowing the jury only to hear evidence of the DUI investigation and not the marijuana nor that the driver was previously convicted of DUI. The theory of the case is that the Officer was biased and looking for DUI's on the night in question. Further, Ryan argued the State did not have enough evidence for a conviction as there was no video or breath results.
Result: The jury agreed with Ryan and found the client NOT GUILTY. DUI dismissed.