Tampa criminal court case results
- reckless on a breathalyzer .166 and .167
- facts: The client's vehicle was pulled over for failing to maintain a single lane after pulling onto Channel side Drive in Tampa, Florida. The Tampa Police Officer claimed our client was drifting from lane to lane as he followed his vehicle just outside of Ybor City in Tampa. Eventually, the officer pulled his car over at 19th Street and Adamo Drive. The client was asked to perform field sobriety tests and failed. He ultimately agreed to blow into the breathalyzer, and registered a .166 and .167. The legal limit in the State of Florida is .08.
- defense: Just because you blow above the legal limit does not mean you have lost your DUI case. Many DUIs are won long before they are even set for trial. We filed a motion to suppress the stop of our client's vehicle in this case. We had discussions with the State Attorney about the officer's decision to pull him over, and eventually the State agreed to reduce the DUI charge to a reckless driving. The officer's opinion of your driving pattern is not the final word. If the Court agreed with our Motion to Suppress it could have resulted in a total dismissal of the charges. The State Attorney realized that the officer's observations may not have been enough to legally justify the stop. As a result, the charge was reduced.
- results: The DUI was reduced to a Reckless Driving Charge.
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