DUI Case Results in 2014

Administrative Suspension Invalidated

On April 28, 2014, the HSMV Field Hearing Officer in Clearwater, FL, set aside the six-month suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Pinellas County Sheriff’s Office failed to appear at the hearing.

“Not Guilty” Jury Verdict in .124 and .127 Breath Test Case

On October 28, 2014, in Division A at the courthouse in Tampa, FL, a jury returned a “not guilty” verdict for the only charge on the verdict form – driving under the influence under Florida Statute 316.193(1). The case involved an allegation that our client drove a vehicle the wrong way on a one-way street in the SOHO district of Tampa.

The DUI enforcement officer with the Tampa Police Department testified that our client showed signs of alcohol impairment during field sobriety exercises at the roadside. The officer alleged that our client registered a .124 and .127 on the breath test machine. Although the breath test affidavit was admitted into evidence, the jury returned a “not guilty” verdict.

The “not guilty” verdict also means that the client’s six-month administrative suspension for DUI is permanently removed from her driving record as if it never happened.

DUI and Possession of Cannabis Reduced to Reckless Driving

On June 19, 2014, a two-count information for DUI and possession of cannabis was reduced to reckless driving. The arresting officer, James Blanchard with the Tampa Police Department, alleged that the client was stopped for running two red traffic signals and driving carelessly after turning into a parking lot.

The arrested officer reported that our client, the sole occupant of the vehicle, had the odor of an alcoholic beverage on his breath. The officer later found marijuana in the vehicle. The driver submitted to field testing which the officer alleged indicated impairment. Ultimately, the prosecutor agreed to drop the marijuana charge and reduce the DUI charge to reckless driving.

The resolution occurred at a disposition hearing in Case Number 14-CM-0031XX-A, a case before the Honorable John Nicholas Conrad of the criminal court of Hillsborough County.

Second DUI within Five Years with Property Damage Reduced to Reckless Driving

On May 8, 2014, a charge of second DUI with property damage (within five years of a prior conviction for DUI) was reduced to reckless. The arresting officer with the Tampa Police Department detained the driver after it was alleged that he backed into a parked motorcycle in Ybor City and then left the scene.

He was stopped a short distance away and was asked to return to the scene. The officer alleged that he refused to submit to field sobriety testing and invoked his right to remain silent after being read Miranda warnings. At Orient Road Jail’s central breath testing unit he allegedly refused to submit to breath testing. At the pre-trial conference, the prosecutor agreed to reduce the charges to reckless driving with the standard conditions plus double fines and community service hours.

Avoiding the DUI conviction allowed the client to avoid a five-year revocation of his driver’s license (with one year of no driving- even with a hardship license) and the mandatory one-year ignition interlock device.

Administrative Suspension Invalidated

On May 8, 2014, the HSMV Field Hearing Officer set aside the six-month suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Brooksville Police Department failed to appear at the hearing.