My question involves criminal law for the state of: Florida
I was arrested in Dec 2007 for a DUI after blowing a .158 two times. An off duty security guard called 911 after seeing me swerve on I-75 and he followed me off the exit into a gas station where I proceeded to fill up the tank. 1st officer arrived while I was pumping gas and asked if I was ok, I said yes and she asked if I had been drinking, told her yes, she told me to get back into the car, asked for my license, held my license in her patrol car and told me to stay put for 20 minutes while DUI task force could make it to the scene.
DUI officer shows up, asks me to perform field sobriety tests which I failed 3 of 4. The rest is pretty basic, arrested, taken to jail, etc... questioned in the breathalyzer room by the arresting officer, a few of my answers are ridiculous and very incriminating and I knew I was going down after reading the papers. I did ask for a blood test, but, officer ignored me, so, I just dropped it and took the breathalyzer which I failed miserably twice blowing .158 four minutes apart. Glassy eyes, slurred speech, etc... tape was pretty bad, admitted to drinking, etc..
My attorney - who was amazing (I wanted to plead guilty) he assured me there was a reasonable chance that we could supress some of the evidence due to the fact that neither of the officers witnessed me driving and the other driver's statement was not enough for the 1st officer to hold my license in her car and telling me that I could not leave the scene. I guess she did something wrong by doing that, there were also a few other inconsistencies from the officers and my attorney filed a bunch of motions and the jude granted the motion to supress ALL evidence. The state filed a notice of Nolle Prosequi in court last week, I am shocked and humbled as I was quite guilty of this offense and was already planning for the consequences, Can they re-file charges on this case ? What about my drivers license, it is suspended until Dec 08 , does it stay suspended ? This was a second dui charge, I had the first ten years ago in Broward County, any answers would be helpful as my attorney is out of state for a few weeks.