Manatee County DUI Charge with Breath Test Over .20 Completely Dismissed

2012 C T 001342 (Manatee County)

Defendant was stopped in Manatee County by a Pinellas County sheriff for briefly driving on the wrong side of the roadway against oncoming traffic.  The Pinellas sheriff called out for Manatee Deputies to respond.  A DUI investigation ensued and the Defendant was arrested for DUI.  He took a breath test and blew over a .20.  Darren Finebloom investigated the case and filed a motion to suppress based on the unlawful stop and arrest.  Mr. Finebloom argued that because the Pinellas Deputy was out of his jurisdiction he could not perform a traffic stop as there was no felony committed in his presence nor a breach of peace.   Furthermore even if the court found a breach of peace no citizens arrest was performed by the out of county deputy.   The Judge granted the motion and the State dropped the DUI charge completely.

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