Tampa criminal court case results
DUI attorney In Tampa
- facts: Anyone who is convicted of DUI a second time within a five-year period is facing a number of increased sanctions. The worst of which are a five-year suspension of their license and at least a mandatory 10 days in the county jail. However, if you have the facts and no incentive to plead you have to go to trial.
The Refusal of a Breathalyzer test
The only drawback of the case was the client’s refusal to submit to the breathalyzer. Many people feel that they are depriving the prosecutor of critical evidence when they refuse the breathalyzer. They are right to some degree. While blowing two or three times the legal limit does not mean your case is over, it can create an obstacle to a positive result. On the other hand, refusing the breathalyzer does not prevent the prosecutor from making another argument. “He refused to submit to a breathalyzer because he knew he would blow above the legal limit ladies and gentlemen.”
- defense: Anyone who has been charged with a DUI and refused the breathalyzer should be aware of the possibility that they will face that accusation.
Tampa Lawyer on DUI defenses
Our counter to that argument was simple, “He refused to cooperate because he felt his arrest was unlawful. He passed the field sobriety exercises and he was arrested anyway. He was going to spend the night in the county jail whether he agreed to take the test or not. He had no motivation to cooperate with an officer who had already made up his mind. He was treated unfairly once; he had no interest in agreeing to another test he knew nothing about”.
- results: The prosecutor called our office in the light of the facts above and offered to amend the DUI charge to reckless driving. The offer was accepted.
A DUI charge in Tampa reduced
To learn more from a Tampa DUI Attorney call our office at 813-228-7095 or link to us at Tampa Criminal Attorney.
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