2005 CT 021318 NC
The Defendant was a college student at Ringling School of Art. A 911 call came in about a person reclined back, passed out in a vehicle. EMT responded as well as the Sarasota County Sheriff’s Office only to discover the Defendant had vomit all over the car and appeared to be impaired. The Defendant was given field sobriety tests. Evidence showed the Defendant was a diabetic and his blood sugar was off the charts. Upon completion of the field sobriety tests the Defendant’s blood was taken. The results of the blood alcohol test was a .23 nearly three times the legal limit. Furthermore after the Defendant’s arrest he was transported to the jail and blew a .137 on the Intoxilyzer 5000. Darren Finebloom was able to get both the breath test and the blood test excluded from evidence. The State Attorney’s Office of Sarasota County would not budge and proceeded to trial despite the problems with their case. After a full day jury trial where Finebloom argued no actual physical control and lack of evidence on impairment, the jury found the Defendant NOT GUILTY.
