Case Results for DUI Cases in 2009
No DUI Conviction with .156 and .153 Breath Test Reading for 6305-X
In this case, the DUI was reduced to reckless driving on October 29, 2009, before the Honorable Cheryl Thomas, County Court Judge, Hillsborough County, FL. Our client was pulled over after allegedly entering partway into an intersection before “slamming on his breaks” at a red light.
An officer with the Tampa Police Department reported that our client admitted to drinking alcohol, had an odor of alcohol about his person, and had watery bloodshot eyes. The officer reported that our client refused to take any roadway agility exercises.
Our client did submit to the breath test with a reading of .156 and .153. We filed motions to attack the accuracy of the breath test results in this case and demanded that the State Attorney’s Office provide the “source code” of the machine to our DUI expert witness. The prosecutor filed a memorandum of law in opposition to our request for the breath machine’s “source code.” Before a hearing on the motions, the State Attorney’s Office in Tampa agreed to drop the DUI charges to reckless driving.
DUI Conviction Avoided in 0076-XDV
The prosecutor reduced the DUI to reckless driving on October 7, 2009, in a drunk driving case with a breath test reading over .08 before the Honorable James Dominguez, County Court Judge in Hillsborough County.
A fellow motorist called 911 after allegedly seeing our client driving in a reckless manner (almost striking the median and then a curb, swerving, and braking erratically). The fellow motorist followed the car reporting to the 911 operator the tag number. An officer with the Hillsborough County Sheriff’s Office performed a traffic stop. After field sobriety exercises, our client was arrested.
The breath test reading was over .08. Our office filed several pre-trial motions showing problems with that particular Intoxilyzer 8000 breath machine used in that case. In fact, during the last monthly inspection, the machine failed the inspection because it tested out of range. The breath test technician claimed the problem was an “air leak” which was corrected by tightening a tube. Our office demanded the “source code” for the breath test machine. Because of the problems with that machine, the prosecutor agreed to reduce the case to reckless driving.
No Administrative Suspension – 8315-XAM
Our client avoided a 12-month driver’s license suspension with 90-day hard suspension in a DUI refusal case. Within ten days of the DUI arrest, the client retained us to fight the administrative suspension of his driver’s license during a formal review hearing. The suspension was invalidated on March 19, 2009.
DUI Conviction Avoided in 8315-XAM Tampa DUI Refusal case reduced to reckless driving on June 29, 2009, before Judge John N. Conrad, in Hillsborough County, FL.
A deputy with the Hillsborough County Sheriff’s Office stopped our client for allegedly speeding, failing to maintain lane, weaving. The officer reported our client had slurred speech, an odor of alcohol, and failed the field sobriety exercises. We filed several motions including a motion to suppress statements and the audio on the videotape based on the fact that our client’s Miranda Rights were violated when he was moved to a different location to perform the field sobriety exercises (in custody) without being advised of Miranda.
We also filed a motion to suppress the breath test results based on confusing or inadequate warnings under the “Confusion Doctrine” since our client requested to speak with an attorney and then remained silent when the officer asked him to take the breath test. Moments before the scheduled motion hearing, the State agreed to reduce the DUI to reckless driving and withheld adjudication.
No DUI Conviction – 5511-XDJ DUI Refusal in Accident Case Reduced on June 5, 2009
Our client was involved in an accident and was alleged to be the at-fault driver. The officer alleged that she appeared to be intoxicated and under the influence of alcohol. She ultimately refused to take the breath test and was charged with DUI and careless driving. We filed various motions that resulted in the prosecutor agreeing to reduce the case to reckless driving, thereby allowing her to avoid a second DUI within five years (and the 5-year driver license revocation that would have also resulted). The case was pending before the Honorable Robert G. Dittmer in Pinellas County, FL.
No DUI Conviction – 4892-ELT DUI Blood Test Reduced on May 14, 2009
Our client was involved in a car accident. Independent witnesses involved in the accident reported that they saw our client driving and described his driving pattern as the cause of the accident. The officers spoke to our client and reported that he was swaying, had bloodshot watery eyes, and slurred and confused speech. He allegedly refused to submit to field sobriety exercises. He was taken to the hospital for medical clearance and consented to the officer’s request for a blood test while at the hospital.
In a misdemeanor case, Florida’s speedy trial provisions require the prosecutor to bring the case to trial within 90 days. We were able to resolve the case for a reckless driving charge on the 90th day after the arrest and before the blood test result was completed, allowing our client to avoid a second DUI conviction (and five (5) year revocation of his driver’s license). The case was pending in front of the Honorable John N. Conrad, Judge Hillsborough County, FL.
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