| Jan 21, 2009 | Case: 31-2008-MM-002376-A (JURY TRIAL) | Judge Wild |
| Facts: | The defendant was driving back from the airport when he fell asleep at the wheel and lost control of the vehicle. The car drove off the road, almost hitting the fence in the swale. The first officer testified that when he arrived on scene, the defendant was still passed out behind the wheel, engine running and the car in drive. The deputy observed 2 six packs of Michelob ultra in the vehicle, with three unopened bottles left. When the defendant woke up he admitted to throwing the empty bottles out the window. On one of the throws he forgot that the window was closed and he broke the passenger side window. After observing an odor of alcohol, bloodshot eyes and extremely slurred speech, the deputy called for the Florida highway patrol to conduct a DUI investigation. On the walk and turn test the defendant could not get past the first five steps and testified that the he almost fell three times. He was arrested for DUI. At the jail, he admitted to being under the influence and drinking 8 ounces of vodka. | |
| Result: | The Jury found the defendant NOT GUILTY. | |