Tampa criminal court case results
- despite breathalyzer blow of .217 and .226 & auto accident
- facts: The client was arrested for DUI after rear-ending another motorist at a light on West Linbaugh Avenue. When the Hillsborough County Sheriff's Deputy arrived he found our client standing outside the driver's side of his vehicle. The client had been drinking heavily shortly before he left a local bar,and crashed into the other motorist. Our client was asked to perform field sobriety tests and was unable to complete them. He was arrested for his second DUI within a five year period and transported to the Orient Road Jail where agreed to perform the Breathalyzer. His results were .217 and .226. The legal limit in the State of Florida is .08. If convicted of the DUI, the client was looking at a minimum ten days in the county jail, a five year license suspension, and a thousand dollar fine.
- defense: Initially, this case certainly appeared to have a number of obvious problems. First, we researched the facts to determine whether the State Attorney could prove our client was the driver of the vehicle. The State Attorney felt that Law enforcement's arrival on scene shortly after the crash, and our client's proximity to the driver's seat was enough to circumstantially prove that the client was the driver of the vehicle. This issue and other problems triggered us to set the case for trial. On the day of trial, the state attorney realized that his case had problems and extended us an offer.
- results: The client received a withhold of adjudication on a reckless driving. He received no points on his driving record, no jail time, and no license suspension. The client prevailed at the Department of Motor Vehicle hearing also. As a result, his license was never affected by his DUI arrest.
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