The Florida Fourth District Court of Appeal The Florida Fourth District Court of Appeal.

The appeals court granted the state's appeal for defendant Robert Bodrato's motion to dismiss in the trial court regarding his conviction for driving under the influence.

The trial court agreed with Bodrato's argument that he was unlawfully detained before the DUI investigation and said the officer exceeded the scope of a welfare check by having him exit the vehicle. Bodrato also asserted that the officer was merely present on the scene as a safety measure to check on his well-being, the court said.