Driving While Fatigued
A Broward sheriff’s officer responded to North Lauderdale Lakes, Florida, in response to a crash. The officer reported that my client, Charles C, had red watery eyes, a flushed face, slurred speech, and the odor of alcohol emanating from his breath. The officer surmised that Charles was driving under the influence of alcohol, fell asleep at the wheel, and crashed into the rear of a parked vehicle. Charles refused to provide a breath sample, and the officer reported that he failed the field sobriety exercises.
At trial, I argued that Charles had spent the whole day driving to and from his son’s location, approximately three hours away. I relayed that Charles had just gotten back into town and had fallen asleep from fatigue, not from alcohol, and had accidentally crashed. I also pointed out that the officer observed a crack in the front windshield where Charles’ head would’ve made impact after rear ending the parked vehicle. I told the jury that Charles’ head injury made the completion of the field sobriety exercise impractical, and that the arresting officer had a financial interest in the DUI arrest. The jury accepted my argument and acquitted Charles.
