Motion to Suppress Evidence Granted--Case Dismissed
Our client was stopped for speeding, and found to be having an episode of low blood sugar. He was transported to the hospital after his arrest for DUi. At the hospital, the trooper asked him for a blood sample, and read implied consent warnings associated with getting a blood sample. However, Florida law says that police can request a blood sample only when it is impractical or impossible to get a breath sample.
Since the hospital was only twenty minutes from the jail, the court ruled that it was not "impractical or impossible" to subject our client to a breath test. For that reason, the refusal to submit to a blood test is excluded from trial.
Four days later, on January 7, 2015, the Manatee County State Attorney's Office dismissed the case against our client. First happy client of the new year.
Practice area(s): DUI / DWI
Court: Manatee County Court