DUI (2nd within 5 years) dropped after winning Motion to Suppress


State v. D.H. Case No. 472023CT000474


DUI and Criminal Traffic

Arresting Agency

Okeechobee County Sheriff


Nolle Prosequi

Our client was leaving a bar after midnight in Okeechobee County. His Ford truck had one headlight that was brighter than the other. The Deputy in the case insisted that one headlamp "was not working", despite the fact that there was a videotape of the truck clearly showing that the lights were both on, and that one of them was much brighter than the other. The Judge in the case saw the video and made the correct call -- that the headlight was working properly and that the traffic stop was illegal. The State tried to argue that it was a "reasonable mistake", and that the evidence after the stop should still come in. The Judge wasn't having any of it, and our Motion was granted. The State was forced to drop the case, saving our client from mandatory jail time and a slew of other inconvenient conditions, including a mandatory 5 year drivers license suspension.
Motion to Suppress
Nolle Prosequi