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Tampa criminal court case results

attorney william hanlon

Tampa DUI dismissed»

despite failure of the field sobriety test & BAC of .17 tampa DUI charges reduced
facts: Our client was arrested for DUI. On the night of the incident, someone driving behind our client with access to police radio put out over the wire that our client was swerving in his lane, crossing lanes, and almost crashed off the shoulder of the highway. An officer in the area responded to the call immediately. The officer was able to locate our client because the person driving behind our client that called over the radio had subsequently put on their emergency flashers so the officer could locate them. Once the officer reached our client, he put on his lights and pulled our client over. Upon talking with our client, the officer claimed that our client had slurred speech, watery and bloodshot eyes, had trouble getting out of the truck, and had the odor of alcohol on the client's breath. The officer then asked to perform field sobriety tests, to which our client consented. When the field sobriety tests were completed, the officer deemed that our client failed, and our client was then arrested. At the jail, the client gave consent to perform a breathalyzer test, and blew a .17.
defense: In order for a traffic stop to be valid under Florida law, a law enforcement officer, among other things, must personally witness the driver's conduct, and make what is otherwise known as an independent assessment of that conduct. An exception to this requirement is known as the fellow officer rule. However, in order to qualify for that exception, the individual witnessing the improper conduct of a driver must meet the definition of a "fellow officer," a definition the witness to our client's driving did not meet. Under the facts of this case, it was our view that the officer did not make an independent assessment of our client's driving. Because of how quick the officer came from behind our client and pulled him over, we were able to argue here that the officer instead went forward on an assumption made from the information given by the person that called in over the radio. Because that person was not a fellow officer, the exception would not apply, and therefore the initial stopping of our client was invalid under Florida law.
results: Introducing this argument to the state attorney allowed our firm to negotiate the charge down to reckless driving.
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