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In the matter of State v. Castaneda the 4th District Court of Appeal ruled as follows: The district court reversed an order granting the the defendant's motion to suppress results of his field sobriety exercises. The district court agreed with the state's reasoning that officers had reasonable suspicion to detain defendant. Defendant was charged with one count of possession of cocaine along with one count of driving under the influence (DUI). The defendant was pulled over for speeding after an officer followed defendant for four blocks and clocked him traveling 60 mph in a 40 mph zone. When the officer approached defendant, he smelled the odor of an alcoholic beverage on the defendant's breath as well as noticed defendant had bloodshot eyes.  Defendant advised the investigating police officer he had not been drinking. The police officer asked the defendant to complete sobriety exercises. A trial court suppressed the results, concluding the police officer didn't possess reasonable suspicion in order to detain defendant, reasoning that defendant did not exhibit signs of impairment such as staggering. A reasonable suspicion carries a factual foundation in the circumstances observed by the officer, when those conditions are interpreted in the light of the officer's knowledge and experience. Origi v. State, 912 So. 2d 69, 71 (Fla. 4th DCA 2005). The district court stated that, here, the officer made the identical observations the Fourth District stated in Origi constituted reasonable suspicion to hold a driver for a DUI investigation. Speeding, the smell of an alcoholic beverage on defendant's breath, and observation that the defendant's eyes were bloodshot and watery. In keeping with Origi, the district court held that these observations supplied ample reasonable suspicion to hold defendant for the purpose of conducting a DUI investigation. This case summary is provided to you by DUI Michael Dye. For more information, please contact Mr. Dye at (954)745-5848 OR visit the firm website by clicking here: dui in florida.
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