Case Results from 2011 for DUI Cases

0.143 Breath Test DUI Reduced to Reckless (Adjudication Withheld)(CT-009384-XXX)-

On November 7, 2011, right before jury selection was scheduled to begin, the prosecutor offered to reduce a DUI case with a high breath test of 0.143 and 0.146 on Intoxilyzer 8000, serial number 80-0003388 to reckless driving. The Court “withheld adjudication” so that the client received no points on his driver’s license and will be eligible to seal any record of the arrest and prosecution.

That breathalyzer is the only one maintained by the Hillsborough County Sheriff’s Office that has yet to undergo a flow calibration to determine whether the machine is properly calculating the volume of each breath sample. The case also involved an arrest by Officer James Blanchard who was formerly with the Tampa Police Department DUI Enforcement Unit.

DUI Reduced to Reckless (Adjudication Withheld)(CT-000158-XEX)-

On October 31, 2011, before the Honorable Lawrence M. Lefler, Judge in County Court, Tampa, the prosecutor with the State Attorney’s Office agreed to reduce the DUI charge to reckless driving on the day of jury selection. We also made it part of the negotiations that the court “withheld adjudication” so that our client would be eligible to seal any record of the arrest and prosecution.

The case involved an arrest by Deputy Jeffrey Carson with the DUI Unit of the Hillsborough County Sheriff’s Office. The stop officer alleged that the client was weaving and drove for an additional mile after the officer initiated the traffic stop. The officers alleged that the individual had a blank stare, slurred speech, smelled of alcohol, admitted drinking, and performed poorly on field sobriety exercises before refusing to take a breath test after being taken to the HCSO Central Breath Testing Unit.

DUI Charge with a Urine Test for Controlled Substances Reduced to Reckless Driving (CT-007942-FUD) –

On June 20, 2011, before the Honorable John Conrad, Judge in County Court, Tampa, the case which involved a urine test for controlled substances was reduced from DUI to reckless driving.

All Charges Completely Dismissed in DUI Case (CT-002520-GKF) –

On March 17, 2011, before the Honorable Dick Greco, Jr., County Court Judge in Hillsborough County, the prosecutor with the State Attorney’s Office announced a “nol pross” on the eve of trial. The prosecutor dropped all charges pending against the client, including DUI and civil infractions for no tail lights, no proof of insurance, and failure to display vehicle registration.

The client blew a .079 and .074 which was slightly below the legal limit. The arrest, in this case, was made by Tampa Police Department Officer Tim Matas, ID 49005 who reported the client had watery/glassy eyes and the distinct odor of an alcoholic beverage emitting from her breath. Officer Tim Matas also reported that on the HGN test the client had a lack of smooth pursuit in both eyes, showed nystagmus at maximum deviation in both eyes and showed the onset of nystagmus prior to 45 degrees.

DUI with high blow of 0.138, 0.117, 0.132 reduced to Reckless Driving

On March 9, 2011, before the Honorable Art McNeil, County Court Judge in Plant City, Hillsborough County, the prosecutor agreed to resolve the case by reducing the DUI to reckless driving.

Felony DUI (Third within 10 Years) without valid driver’s license – Reduced to Misdemeanor Reckless Driving with NO JAIL TIME

On March 3, 2011, before the Honorable Daniel H. Sleet, Circuit Court Judge, the Hillsborough County State Attorney’s Office reduced a Felony DUI (3rd DUI within 10 years) which was punishable by 5 years in Florida State Prison to a second-degree misdemeanor for reckless driving. The case was only dropped from a FELONY DUI to a misdemeanor reckless driving after we filed and litigated a motion to dismiss the refusal because of a problem with the implied consent warning.

The client entered a “no contest” plea to the reduced charge of reckless driving for 6 months probation to complete DUI school and do 30 hours of community service. No fine was imposed. The “no valid” license charge was dropped after the prosecutor entered a “no prosequi.”

2nd DUI within five years reduced to Reckless Driving (2010-CT-007388) –

On January 24, 2011, on the day of jury selection, the prosecutor before Judge Abdoney in Polk County agreed to reduce the DUI to Reckless Driving.

DUI with High Blow of 0.115 and 0.119 Reduced to Reckless (CT-001804-XEJ)

On January 28, 2011, before the Honorable Art McNeil, County Court Judge in Plant City, Hillsborough County, the case was resolved after the prosecutor offered to reduced DUI charge to reckless driving in order to avoid a trial.