STATE v. J.B. 2007 CT 003504
The Defendant was stopped by the Manatee County Sheriff’s Office due to a report that he was all over the road. The Deputy then alleged that he witnessed the Defendant driving his motorcycle in a reckless fashion. Subsequent to the stop the Defendant was made to perform standardized field sobriety tests. Subsequent to those tests he was arrested for DUI. Darren Finebloom request the videotaped evidence of the DUI investigation which the State and the Deputy claimed they had. After several more requests the evidence showed that the tape had been lost in translation. Darren Finebloom filed a motion to dismiss the case. The County court judge granted the motion dismissing all charges but the State appealed that decision. The Circuit court Judge overturned the decision and reinstated the charges. Finebloom & Haenel did not give up and appealed that decision to the Second District Court of Appeal. After a 3-year fight the standardized field sobriety tests were excluded as evidence and the State dropped the charges to reckless driving and the Defendant agreed to no conviction and just a fine.
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