IN
THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT
OF
THE STATE OF
APPELLATE
DIVISION
STATE OF
Appellant,
vs. Appeal
No: 0302706CFAES
RODNEY IAN GRAY,
Appellee.
____________________________/
Opinion filed _________________________.
Appeal from an order in Pasco County Court
County Judge Robert Cole
W. Todd Smith
Office of the State Attorney
Joy K. Goodyear
Office of the Public Defender
ORDER
This matter came
before the court on appellant's appeal from a judgment entered by the Pasco
County Court. The appellant has failed to demonstrate in the
record any error in the trial court's decision.
Therefore the judgment of the trial court is affirmed.
Gray was arrested and charged with Driving Under the Influence. Thereafter, Gray filed a motion to suppress the stop. At the hearing, the trooper did not appear but the parties stipulated to the facts and went forward with argument. The stipulated facts were that Trooper Johnson observed defendant's vehicle traveling thirty miles an hour in a posted fifty mile an hour zone, and drifting within his lane. There were no other vehicles on the road. Trooper Johnson put on his overhead lights and conducted a stop of defendant. Upon making contact with the Defendant Trooper Johnson noticed a strong odor of alcohol coming from the defendant as he spoke and observed the defendant's eyes were bloodshot and glassy. Defendant was arrested for DUI.
After argument, the trial court
granted appellee's motion to suppress finding that
the defendant's driving below the speed limit and weaving within his own lane
does not give rise to reasonable suspicion that the defendant was
impaired. This Court agrees. Florida Statutes, Section 316.089(1), states
that “[a] vehicle shall be driven as nearly as
practicable entirely within a single lane and shall not be moved from such lane
until the driver has first ascertained that such movement can be made with
safety.” "Section 316.089 is
similar to section 316.155, Florida Statutes (1995), governing the use of turn
signals, in that a violation does not occur in isolation, but requires evidence
that the driver's conduct created a reasonable safety concern."
Further,
the record is void of any evidence that Trooper Johnson suspected that Gray was driving under
the influence or that Johnson conducted the traffic stop in this case to
determine whether Gray was ill or tired. See Nicholas v. State, 857 So.2d
980 (
IT IS THEREFORE ORDERED that the judgment is
affirmed.
DONE AND ORDERED in Chambers at New
Port Richey,
_________________________
Primary Appellate Judge
__________________
Daniel D. Diskey
Circuit Judge
______________________
Circuit Judge
Copies to:
W. Todd Smith
Office of the State Attorney
Joy K. Goodyear
Office of the Public Defender