State v. T.O.; Case # 562018CT817
A classic case of a police officer rushing to judgment and arresting someone for DUI b/c they didn’t do exactly as he wanted them to. Our client was speeding down south indian river drive in St. Lucie County, got pulled over, admitted to drinking two vodka drinks, and agreed to field sobriety exercises. All of this was on video. Our client wanted the officer to demonstrate the nine steps of the field sobriety exercises, but he refused to do so. We argued that our client stood up for herself and that it was a reasonable request. She refused to perform any other tasks and refused the DUI breath test, brilliantly telling the officer that “she didn’t trust those machines.” We argued that she didn’t have to take the breath test because the law makes it clear that a criminal defendant does not have to prove her innocence or present any evidence and that to brand her a criminal on such shoddy evidence would have been a miscarriage of justice. The jury was out for less than an hour and came back with a verdict of NOT GUILTY.
Brian Mallonee is a Criminal Defense Lawyer Serving St Lucie, Indian River, Martin, and Okeechobee Counties