Fleeing and Eluding Case Results

Internal Reference #4007

Charges: Leaving the Scene of an Accident

Result: Leaving the Scene of an Accident – Adjudication Withheld, 25 community service hours, 8 hours of Driving School, 4 hours UI Panel

Internal Reference #5024

Facts: The defendant retained Mr. Foley after being questioned by police regarding a sexual assault. Mr. Foley contacted the lead detective and the case was forwarded to the state attorneys office. Based on the facts and the lack of cooperation by the defendant, the state never filed charges.

Process: Mr. Foley contacted the defendant; no arrest was made, forwarded to state attorney’s office to see what they wanted to do and the state never filed charged based on lack of evidence.

Result: No arrest made and no charges filed.

Internal Reference #6021

Facts: The defendant crashed his brand new Ferrari

Process: Mr. Foley filed a motion to dismiss because the ticket was not properly served on ∆. Motion granted.

Charges: Failure to report crash resulting in injury/death

Result: Failure to report crash resulting in injury/death - dismissed

All charges dismissed

Internal Reference #7002

Charges:

1. Leaving the Scene of an Accident More Then $50
2. Engine Run/Key in Ignition

Results:

1. Leaving the Scene of an Accident More Then $50 – 6 months administrative probation
2. Engine Run/Key in Ignition - Dismissed

Internal Reference #10006

Facts: At 082006 at about 0048 hours, Officer M was driving west. He was driving in the center lane, traveling about 45 mph. Officer M observed a car speeding behind him in the same lane, the vehicle swerved around Officer M at the last second and then swerved two lanes to right, without using a turn signal. Officer G then paced the vehicle at about 70 mph. The vehicle then slammed on the brakes and made a right turn onto a street. Officer G was driving a marked police car and activated his overhead lights in an attempt to stop the vehicle. The vehicle was swerving in his lane of travel. Then vehicle then turned north onto a street. At this point, Officer M activated his siren, the vehicle still failed to stop. The vehicle continued about 4 blocks and turned east. The vehicle came to a stop. Contact was made with the driver, who had a strong odor of an alcoholic beverage. The driver was identified as the defendant. The defendant’s eyes were bloodshot and watery, his face was flushed, and his speech was slightly slurred.

The defendant needed assistance walking and was swaying from side to side. The defendant kept asking “what county am I in”, Officer M informed him what county he was in, a few minutes later the defendant asked the same question, he repeated this several times.

A computer check revealed that the defendant’s Florida DL is suspended for refusing to submit to a lawful breath/urine/blood test. The drier was placed under arrest and transported to the police department for booking. Search incident to arrest, Officer M found an open 1 quart bottle of “Schlitz Malt Liquor”. The bottle was about 85% empty and the remaining liquid had a strong odor of an alcoholic beverage.

Once at the police department, the defendant refused to provide information needed to complete the booking process; the defendant also refused to be fingerprinted and photographed thereby obstructing Officer M’s lawful duties.

The defendant was then transported to the BAT facility. The defendant was placed on videotape. The defendant refused to complete any sobriety exercises. The defendant also refused to submit to a breath or urine test. This is the defendant’s second refusal to submit to a breath and/or urine test. The defendant repeatedly used the wall to balance himself. The defendant was asked several times to step away from the wall, he was very confrontational about being asked.

While being transported back to the police department, the defendant spontaneously uttered “I want to apologize for everything; I’m a recovering alcoholic. You have every right to arrest me. I try not to drink but my body takes over and I just can’t stop”

The defendant was taken to the hospital for a small laceration to the left side of his head. The laceration was discovered while taking the defendant out of the holding cell. The defendant advised that he did not know that he had a laceration on his head or how it occurred. The defendant was later turned over to the Sheriffs Office.

Charges:

1. Fleeing and Eluding – marked police car
2. Refusal to Submit Blood/Breath Test
3. Reckless Driving
4. DWLS with knowledge
5. Obstruction (Resisting Officer W/O Violence)
6. DUI- Second Offense
7. Possession of Open Containing While Driving MV

Result:

1. Fleeing and Eluding – marked police car - Dismissed
2. Refusal to Submit Blood/Breath Test – Adjudication Withheld
3. Reckless Driving – Adjudication Withheld
4. DWLS with knowledge – Amended to License Suspension Without Knowledge, Adjudication Withheld
5. Obstruction (Resisting Officer W/O Violence) - Dismissed
6. DUI- Second Offense – Adjudication, 6 months mail-in probation, 50 community service hours, 6 months license suspension
7. Possession of Open Containing While Driving MV – Adjudication Withheld

No Felony Conviction