Seminole County Judge John Galluzzo Throws Dui Case Out Before Jury Has A Chance To Find The Client Not Guilty
Case: State of Florida vs. XX, Seminole County, Sanford, Florida
Judge: The Honorable John D. Galluzzo
Charges: Driving Under the Influence
Arresting Agency: Seminole County Sheriff's Office
Facts: XX was driving home from a friend's house when she was stopped by a Sheriff's Deputy for allegedly speeding and having an out tag light. Upon questioning from the Deputy XX admitted she had consumed 2 wine coolers within a 3 hour period. The Deputy requested XX submit to field sobriety exercises. The video showed the client performed fairly well on the exercises and possessed little of the "usual" signs of impairment. Nonetheless, the Deputy arrested XX and requested she submit to a breathalyzer at the jail. XX refused.
Defense: The State of Florida refused to offer a lesser included charge to XX; therefore, Ryan set the case for trial and picked a jury. The prosecutors presented the typical DUI presentation to the jury coupled with biased law enforcement testimony. At the conclusion of the State's case Ryan requested the Judge throw out the charge and moved for a judgment of acquittal because the State's case was so weak it would be insufficient to sustain a conviction even without the Defense presenting evidence and before submitting the case to the Jury. Judge Galluzzo agreed with Ryan.
Result: Judgment of Acquittal; DUI dismissed in total