Tampa criminal court case results
- dui reduced to reckless driving by tampa criminal attorney
- facts: The client was stopped by a Sarasota Sheriff's deputy for speeding on Clark Road. During the investigation the deputy noticed that our client had trouble finding his information, and smelled of alcohol. Shortly after he failed the field sobriety tests the client told the officer, "I know I messed up, but is it necessary to arrest me". The client agreed to submit to the breathalyzer when he got to the jail. While the Deputy was administering the test our client kept putting his tongue in front of the mouthpiece. The deputy became angry and accused our client of trying to manipulate the breathalyzer. He was somewhat familiar with the arrest process in that he had been arrested for DUI three times before. Ultimately, the deputy charged him with DUI and refusing the breathalyzer test.
- defense: The State was very anxious to get a conviction on this particular case because of our client's past. However, we disagreed with the deputy's opinion of our client's performance on the field sobriety tests. In this particular case our client's performance was critical to the outcome of the case because the State had no breath result. It is important to remember that the deputy's opinion on your performance is just that, an opinion. The law enforcement officer's opinion of your performance on the field sobriety tests is not final. The jury may determine that your performance indicates that your were not impaired.
- results: After numerous attempts to negotiate this case the State finally agreed to reduce the charge on the day of trial.
- related articles:
-
Cases by Practice Area
