FIRST DISTRICT

COURT OF APPEALS

        

THESE SUMMARIES ARE NEITHER APPROVED IN ADVANCE NOR ENDORSED BY THE COURT.  THEY ARE NOT HEADNOTES OR SYLLABI.  INTERESTED PARTIES SHOULD OBTAIN COPIES OF THE ACTUAL DECISIONS FROM THE CLERK OF THE COURT OF APPEALS.

 

DATE: Monday, March 31, 2025

CAPTION: STATE V. DUNCAN

APPEAL NO.: C-240190

TRIAL NO.: C/22/TRC/28666

KEY WORDS: OVI — MOTION TO SUPPRESS — PROBABLE CAUSE — MOTION TO DISMISS — EQUAL PROTECTION CLAUSE 

SUMMARY: The trial court did not err in overruling defendant’s motion to suppress where the officer had probable cause to arrest defendant for operating a vehicle while impaired where defendant admitted to consuming alcohol, had an odor of alcohol on his breath, exhibited delayed speech patterns and disorientation, was unable to follow simple instructions, and performed poorly on the field-sobriety tests.

The trial court did not err in overruling defendant’s motion to dismiss because there is a rational connection between the level of marihuana metabolites and impairment that furthers a legitimate governmental interest in highway safety, and therefore, the statute does not violate the Equal Protection Clause.

JUDGMENT: AFFIRMED

JUDGES: OPINION by ZAYAS, J.; KINSLEY, P.J., and BOCK, J., CONCUR.