ON FEBRUARY 23RD, 2024 A CHARLOTTE COUNTY SHERIFF'S CORPORAL INITIATED A WELFARE BASED INVESTIGATIVE STOP IN PORT CHARLOTTE FLORIDA THE STOP WAS NOT PREDICATED ON AN OBSERVED TRAFFIC VIOLATION IT WAS PREDICATED ON A THIRD PARTY CALL FROM IDENTIFIED STAFF AT CHARLIE'S PUB EXPRESSING CONCERN ABOUT THE DRIVER'S ABILITY TO SAFELY OPERATE A VEHICLE UNDER TERRY VERSUS OHIO 1968 A BRIEF INVESTIGATIVE DETENTION REQUIRES ONLY REASONABLE AND ARTICULABLE SUSPICION NOT PROBABLE CAUSE AN IDENTIFIED PROXIMATE EYEWITNESS TIP SATISFIES THAT THRESHOLD THIS STOP WAS CONSTITUTIONALLY SOUND THE OFFICER ADMINISTERED ALL THREE NITSA STANDARDIZED FIELD SOBRIETY TESTS HORIZONTAL GAZE NYSTAGMUS WALK AND TURN AND ONE LEG STAND PRECEDED BY THE REQUIRED PRE TEST MEDICAL SCREENING PROTOCOL COMPLIANCE HERE WAS METICULOUS ON THE HGN THE OFFICER RECORDED ALL SIX HORIZONTAL CLUES AND NO VERTICAL NYSTAGMUS THAT COMBINATION IS CLINICALLY SIGNIFICANT VERTICAL NYSTAGMUS TYPICALLY INDICATES HIGH DOSE ALCOHOL OR POLYSUBSTANCE IMPAIRMENT ITS ABSENCE HERE COMBINED WITH THE SUBJECT'S DISCLOSED USE OF ANXIOLYTICS AND STEROIDS POINTED TOWARDS CNS DEPRESSANT DRUG IMPAIRMENT NOT ALCOHOL UNDER FLORIDA STATUTE SECTION 3 16.193 DUI ENCOMPASSES IMPAIRMENT BY ALCOHOL AND CONTROLLED SUBSTANCES ALIKE INCLUDING LAWFULLY PRESCRIBED MEDICATIONS THE PRESCRIPTION DEFENSE IS AVAILABLE IN FLORIDA BUT IT DOES NOT OPERATE AS AN ABSOLUTE BAR TO CONVICTION IF IMPAIRMENT OF NORMAL FACULTIES IS INDEPENDENTLY ESTABLISHED THE OFFICER ALSO ADMINISTERED THE FINGER TO NOSE TEST A NON NITSA STANDARDIZED SUPPLEMENTAL EXERCISE VIEWERS SHOULD UNDERSTAND THIS DISTINCTION THE THREE STANDARDIZED TESTS CARRY PEER REVIEWED SCIENTIFIC VALIDATION NON STANDARDIZED TESTS ARE ADMISSIBLE IN FLORIDA COURTS BUT CARRY REDUCED EVIDENTIARY WEIGHT AND ARE MORE VULNERABLE TO DEFENSE CHALLENGE THE ABSENCE OF A DRUG RECOGNITION EXPERT EVALUATION IS THE PRIMARY GAP IN THIS INVESTIGATION WHERE IMPAIRMENT INDICATORS POINT TO DRUG INFLUENCE RATHER THAN ALCOHOL AS THEY DID HERE A FULL 12 STEP DRE PROTOCOL PROVIDES A FAR MORE DEFENSIBLE EVIDENTIARY FOUNDATION THEN FIELD SOBRIETY TESTING ALONE THE OFFICER WAS NOT REQUIRED TO CONDUCT A DRE BUT ITS ABSENCE LEFT THE CASE MORE SUSCEPTIBLE TO A MEDICATION TOLERANCE DEFENSE REGARDING MIRANDA NO ADVISEMENT WAS REQUIRED DURING THE PRE ARREST INVESTIGATIVE PHASE THE SUPREME COURT HELD IN BARKER VERSUS MCCARTY 1984 THAT A ROADSIDE TRAFFIC STOP DOES NOT CONSTITUTE CUSTODY FOR MIRANDA PURPOSES THE SUBJECT'S VOLUNTARY MEDICATION DISCLOSURES INCLUDING THE SECOND ANXIOLYTIC AND STEROID SHE HAD NOT INITIALLY MENTIONED WERE MADE WITHOUT CUSTODIAL INTERROGATION AND ARE FULLY ADMISSIBLE THE CHILD NEGLECT CHARGE UNDER FLORIDA STATUTE SECTION 8 27.03 WAS PREDICATED ON THE SUBJECT'S OWN ADMISSION SHE LEFT A SEVEN MONTH OLD INFANT UNATTENDED IN THE VEHICLE WHILE ENTERING THE PUB WITH ONLY THE TWO YEAR OLD FLORIDA'S CHILD NEGLECT STATUTE DOES NOT REQUIRE PROOF OF ACTUAL HARM CULPABLE NEGLIGENCE CREATING FORESEEABLE RISK IS SUFFICIENT LEAVING AN INFANT ALONE IN A MOTOR VEHICLE SATISFIES THAT STANDARD THE ENHANCED DUI CHARGE TWO COUNTS UNDER FLORIDA STATUTE SECTION 3 16.193 SUBSECTION 4 APPLIES WHEN A MINOR UNDER 18 IS PRESENT IN THE VEHICLE AT THE TIME OF THE IMPAIRED OPERATION TWO CHILDREN WERE PRESENT TWO COUNTS WERE THEREFORE APPROPRIATE NOW THE GRADES AMANDA PATTEN RECEIVES A C SHE COOPERATED THROUGHOUT AND DID NOT RESIST ARREST BOTH MEANINGFUL FACTORS HOWEVER SHE OPERATED A MOTOR VEHICLE WITH TWO YOUNG CHILDREN ABOARD WHILE IMPAIRED BY MULTIPLE MEDICATIONS SHE DID NOT FULLY DISCLOSE LEFT AN INFANT UNATTENDED IN A VEHICLE AND FAILED TO COUNT STEPS ALLOWED DURING THE WALK AND TURN A SCORED EVIDENTIARY CLUE COOPERATION DOES NOT NEGATE THE UNDERLYING CONDUCT THAT TRIGGERED THESE CHARGES THE CHARLOTTE COUNTY SHERIFF'S OFFICE RECEIVES A B THE DEPLOYMENT OF A TRAFFIC SAFETY TEAM AND THE OFFICERS EVIDENT PROTOCOL TRAINING REFLECTS SOUND INSTITUTIONAL PRACTICE THE DEPARTMENT LOSES POINTS FOR THE ABSENCE OF A DRI PIPELINE A SYSTEMIC GAP NOT AN INDIVIDUAL FAILURE LESSONS LEARNED FOR DRIVERS PRESCRIPTION MEDICATIONS ARE NOT A SHIELD AGAINST DUI PROSECUTION IN FLORIDA IF YOUR MEDICATION BOTTLE WARNS AGAINST OPERATING MACHINERY THAT WARNING IS ADMISSIBLE EVIDENCE OF IMPAIRMENT FOR SEE ABILITY NEVER OPERATE A VEHICLE WITH CHILDREN ABOARD WHEN YOUR NORMAL FACULTIES MAY BE COMPROMISED AND NEVER LEAVE AN INFANT UNATTENDED IN A VEHICLE UNDER ANY CIRCUMSTANCE EVEN BRIEFLY EVEN WITH THE ENGINE OFF LESSONS LEARNED FOR LAW ENFORCEMENT WHEN HGN PRODUCES ALL SIX CLUES WITH NO VERTICAL NYSTAGMUS AND THE SUBJECT DISCLOSES PRESCRIPTION CNS DEPRESSANTS INITIATE A DRUG RECOGNITION EXPERT EVALUATION BEFORE OR CONCURRENT WITH ARREST PROCESSING FIELD SOBRIETY TESTING ALONE WITHOUT D R E CORROBORATION IN A DRUG IMPAIRMENT CASE CREATES AN EVIDENTIARY GAP THAT DEFENSE COUNSEL WILL EXPLOIT THE STANDARD IS NOT WHETHER YOU CAN MAKE THE ARREST IT IS WHETHER THE CASE WILL HOLD LET US KNOW IF THERE IS 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