2011 CT 003652

Manatee County

The Defendant was accused of running a red light and causing an accident.   Manatee county Sheriff arrived on the scene and noticed a few beer cans around the accident location and smelled alcohol on the defendant.  The Deputy began a DUI investigation and subsequently arrested the Defendant for DUI.  The Defendant blew a .059 under the legal limit.  However, the Deputy then asked for the Defendant to provide a urine sample. The urine result came back positive for marijuana. Darren Finebloom requested depositions of the arresting officer and showed conclusively that the Officer had no probable cause to request a urine sample.  The State disagreed.  Darren Finebloom filed a motion to suppress and argued that there was insufficient evidence to request a urine sample.  The County Court Judge in Manatee County agreed and suppressed the positive marijuana sample.  Shortly thereafter the DUI was completely dismissed.