The Umansky Law Firm

A DUI charge against the daughter of U.S. Rep. John Mica was dropped after an Orange County judge granted the defense a motion to suppress the initial stop. Her attorney successfully argued that the arresting officer from Maitland Police was outside his jurisdiction when she was arrested in Winter Park.

The woman was arrested and charged with DUI after her BAC was found to be twice the legal limit. She was stopped by the officer "to check on her well being." She allegedly traveled over a line a couple times, but it was not continuous weaving like might be seen in a truly inebriated driver. This, plus the reason for pulling her over, essentially ruined the prosecution's case that she was over the limit.

The stop occurred last January when police saw the woman's SUV drifting back and forth. She was stopped and the officer asked her if she was okay. He wrote in his report that he smelled alcohol and the driver's eyes were bloodshot and glassy. She changed her story about where she was a couple times, and allegedly failed two field sobriety tests. She also failed two breath tests, blowing a 0.192 and a 0.198.

It may seem on the surface that the police had sufficient reason to arrest the driver. However, they must show that there was reason enough to stop her in the first place. Simply traveling across the middle line does not mean the driver of the vehicle is inebriated. Plenty of sober drivers do this on a daily basis.

If you have been charged with DUI in the Orange County or Orlando, Florida area, please contact the experienced DUI defense attorneys at the Umanksy Law Firm today for an initial and free case evaluation. We take cases from around the state of Florida.