A court hearing taking place ahead of the DUI trial of a former Miami Beach police officer.
Derek Kuilan is facing DUI and Reckless driving charges for the 2011 incident. Prosecutors say he took an ATV on a joyride with a bachelorette before plowing into two people...seriously injuring them.
The judge deciding whether Kuilan's sobriety test will be admissible in trial.
Kuilan's shift supervisor that night, Jerome Berrian, describes the now infamous photo Kuilan took with a bachelorette party.
He says, "we take pictures all the time. Miami Beach is a tourist destination," continues Berrian, "we take a lot of photos, but to take a photo like that, is poor judgment."
When asked about Kuilan's condition that night pertaining to his sobriety, he says "His face was drooped down," Berrian added. "you would call a flush face, and its drooped down, it was like hanging down."
Kuilan's blood alcohol level was said to be .088, which is over the legal limit. However, the test was was taken five hours after the incident.
Kuilan's trial is set to begin next week.