Charge- DUI above .15
Result- Motion to suppress arrest GRANTED

Client was charged with DUI after arrest and giving a breath test reading of .278 and .282.  Client had beed drinking with friends in downtown St. Petersburg previously.  On his way home, client was witnessed by an independent witness to have fallen off of his motorcycle in the middle of the road.  Client again tried to board his motorcycle but again fell over.  Upon the witnesses approach of Client she suspected him to be drunk and contacted the police.  The police came to the scene and investigated Client for both DUI and for a traffic accident.  Upon completing their investigation, Client was arrested and taken to jail.  Jason Mayberry filed a Motion to Suppress Client’s arrest based on the State’s failure to show a traffic crash had occurred.  A traffic crash is defined in Florida case law as “a breaking of pieces by or as if by collision” or “an instance of crashing.”  In order for an individual in Florida to be arrested for a DUI where the officer did not see every element occur, there must be a traffic crash per Florida Statute 316.645.  Through cross examination of the civilian witness at the motion hearing, Jason Mayberry was able to establish there was no recollection of damage to the motorcycle and thus there could be no proof a traffic crash had occurred making the arrest lawful.  Jason Mayberry’s motion was granted and Client’s DUI was DISMISSED.