When someone faces multiple criminal charges in Florida, especially for alleged DUI and drug possession, the stakes are high. A conviction can threaten a person’s license, reputation, and freedom. However, as this recent case handled by The Law Office of Jeffrey H. Garland, P.A. demonstrates, careful legal analysis and precise defense strategy can make all the difference.

In this St. Lucie County case, the defendant was arrested and charged with Driving Under the Influence (DUI), Refusal to Submit to DUI Testing, and Possession of Marijuana (Not More Than 20 Grams). Following the defense efforts of Port St. Lucie Criminal Lawyer Jeffrey H. Garland, a Motion to Dismiss was filed challenging the alleged “refusal” count — ultimately leading to a Nolle Prosequi, or dismissal, of the charges.

The Traffic Stop and Arrest

On the evening of March 20, 2024, a deputy with the St. Lucie County Sheriff’s Office was patrolling northbound on Turnpike Feeder Road near Winter Garden Parkway when he observed a gray vehicle exiting a gas station. According to the report, the vehicle made a wide turn and nearly collided with several other cars before briefly leaving the roadway and driving onto the grass. The driver then continued north on Winter Garden Parkway, where the deputy noted that the vehicle failed to maintain its lane, ignored a stop sign at Eden Road, and again veered off the pavement.

Concerned about potential impairment, the deputy initiated a traffic stop at the intersection of Eastwood Road and Sebastian Road. When he approached the driver, the deputy observed slurred speech, bloodshot eyes, and a strong odor of marijuana coming from the vehicle. The defendant reportedly explained that he was driving home from work and had smoked marijuana about an hour earlier. He denied drinking alcohol but did not have his medical marijuana card on his person.

As the deputy continued his roadside investigation, he later noted that the defendant appeared unsteady on his feet and had difficulty exiting his vehicle without swaying. When asked to perform standardized field sobriety exercises, the defendant refused, reportedly stating, “Take me to jail.”

At that point, the deputy placed the defendant under arrest for Driving Under the Influence. A subsequent search of the vehicle revealed an open alcoholic beverage container beneath the driver’s seat and an empty bottle in the rear passenger area. The deputy also located a backpack containing approximately two grams of marijuana.

The defendant was transported to the St. Lucie County Jail and read his Miranda rights. The arresting deputy noted that the defendant declined to cooperate further and allegedly refused to provide a breath sample. The deputy referenced a prior refusal on the defendant’s record from 2006 in Indian River County, and the arrest report listed three violations under Florida law:

• F.S.S. 316.193 (1A) – Driving Under the Influence
• F.S.S. 316.1939 (1) – Refusal to Submit to DUI Testing
• F.S.S. 893.13 (6)(b) – Possession of Marijuana (Not More Than 20 Grams)

Understanding the Charges and Penalties

Each of these charges carries potentially severe legal consequences under Florida law:

1. Driving Under the Influence (F.S.S. 316.193(1A))

A DUI offense occurs when a person operates or is in actual physical control of a vehicle while impaired by alcohol, controlled substances, or chemical substances to the extent that their normal faculties are impaired.

• Penalties: For a first offense, penalties may include up to six months in jail, fines ranging from $500 to $1,000, probation, community service, mandatory DUI school, and license suspension. Subsequent offenses carry steeper penalties.

2. Refusal to Submit to DUI Testing (F.S.S. 316.1939(1))

Florida’s implied consent law requires drivers lawfully arrested for DUI to submit to a breath, blood, or urine test. Refusing such testing after being properly advised of the consequences is a violation of law.

• A first refusal results in a one-year driver’s license suspension.
• A second or subsequent refusal is treated as a first-degree misdemeanor, punishable by up to one year in jail, a $1,000 fine, and an 18-month license suspension.

3. Possession of Marijuana (F.S.S. 893.13(6)(b))

Possession of 20 grams or less of marijuana is a first-degree misdemeanor in Florida.

• Penalties: Up to one year in jail, one year of probation, a $1,000 fine, and driver’s license suspension for up to one year.

Given these statutes, the defendant was facing multiple misdemeanor charges with potentially overlapping penalties and lasting collateral consequences.

The Legal Defense: Motion to Dismiss the Refusal Charge

Following the arrest, the defendant retained Attorney Jeffrey H. Garland, a seasoned Port St. Lucie Criminal Lawyer with decades of experience defending DUI and drug-related cases throughout the Treasure Coast. Upon reviewing the discovery materials and body camera footage, Attorney Garland identified critical flaws in the prosecution’s case — particularly concerning the alleged “refusal” to submit to testing.

Attorney Garland filed a Motion to Dismiss Count 2, which alleged Refusal to Submit to Testing After a Prior Refusal, on the grounds that the State could not establish essential elements of the charge.

The defense motion pointed out the following:

1. The entire encounter, including the transport to the jail, was recorded on body camera.
2. At no time did any deputy request a breath or urine test.
3. At no time was the defendant read the implied consent warning, which is a legal prerequisite to a valid refusal.
4. The defendant was taken directly to a holding cell and not to a breath-testing room.
5. The “Affidavit of Refusal” included in discovery was defective — not properly notarized, and contradicted by the video evidence.
6. Without a clear request for testing and a refusal after being informed, the State could not prove the charge.

The defense emphasized that both the request for a test and the refusal after implied consent advisement are essential elements of the offense. The record — including the bodycam footage — contained no evidence that either occurred.

The Result: Nolle Prosequi (Case Dismissed)

After reviewing Attorney Garland’s motion and the accompanying evidence, the State ultimately filed a Nolle Prosequi, meaning it chose not to pursue prosecution. In legal terms, a nolle prosequi is a formal notice of abandonment of charges by the prosecution — effectively dismissing the case.

A Nolle Prosequi is not a technicality; it is a recognition that the prosecution cannot meet its burden of proof beyond a reasonable doubt or that proceeding would be unjust or unwarranted. In this case, the State acknowledged that the refusal charge could not stand in light of the defense’s compelling arguments and video evidence showing that no lawful test request or implied consent advisement ever occurred.

The dismissal was a complete victory for the defense. It not only protected the defendant from potential jail time, fines, and a criminal record but also reaffirmed the importance of procedural accuracy in DUI investigations.

Why Legal Representation Matters in DUI and Marijuana Cases

This case illustrates how quickly a routine traffic stop can escalate into multiple criminal charges — and how crucial it is to have an experienced defense attorney review every piece of evidence. Body camera footage, officer reports, and procedural steps often contain inconsistencies that can make or break a case.

Attorney Jeffrey H. Garland has a long history of identifying these weaknesses and using them to protect his clients’ rights. With over 40 years of criminal defense experience and a deep understanding of Florida DUI law, he and his firm have successfully defended countless individuals facing charges similar to this one.

Whether the issue involves Port St. Lucie Marijuana DUI, drug possession, or implied consent refusals, The Law Office of Jeffrey H. Garland, P.A. brings a meticulous, evidence-based approach to every case. Each client benefits from personalized attention, aggressive representation, and the firm’s unwavering commitment to due process and justice.

Port St. Lucie Marijuana DUI Lawyer

If you or someone you know has been charged with DUI, refusal to submit to testing, or marijuana possession in St. Lucie County or anywhere on Florida’s Treasure Coast, it is essential to contact a skilled defense attorney immediately. Serving Port St. Lucie, Fort Pierce, and the Treasure Coast. Protect your rights and your future. Contact Port St. Lucie Criminal Lawyer Jeffrey H. Garland today to discuss your case and explore your defense options. Call today at (772) 489-2200.