DUI Case Results for 2019

DUI in New Port Richey Dropped to Civil Careless Driving

On September 27, 2018, the prosecutor agreed to reduce the charges of DUI to careless driving (a civil infraction). The court imposed a fine of $164 and agreed to withhold adjudication on the careless driving violation (so no points were assessed on the driving record). In that case, our client was accused of hitting a raised concrete median. During the DUI investigation, the trooper with the Florida Highway Patrol performed field sobriety exercises and found that the client performed the exercises poorly and exhibit clues of impairment. Other observations reported on the police report included watery and glassy eyes, slurred and trick-tonged speech, and flushed face. Our client was not asked to provide a breath test but did submit to a warrantless urine test.

DUI with Property Damage in New Port Richey Dropped to Reckless Driving

On September 24, 2018, the prosecutor agreed to drop the charges for DUI with property damage to reckless driving with property damage under Florida Statute Section 316.192. The court withheld adjudication (which means no conviction occurred and no points were assessed on the driving record). The client was sentenced to 12 months probation to pay court costs and perform community service. The criminal charge of leaving the scene of a traffic crash was dismissed by the court.

DUI (2nd outside 5 years) dropped in Plant City, Hillsborough County

Our client was initially charged with DUI (2nd outside of 5 years with enhanced sanctions), Possession of Cannabis, and Possession of Drug Paraphernalia. The original offer was to plead as charged and receive a DUI conviction with probation and 2nd outside 5 minimums which include many severe and expensive sanctions. Our firm filed several motions revealing to the State Attorney’s Office that they would not be able to prove the DUI as the officer’s report was devoid of any probable cause to arrest for DUI. The State Attorney changed their offer from 2nd outside 5 minimums to completely dropping the DUI in exchange for a plea to the Possession of Cannabis and Possession of Drug Paraphernalia charges for a withhold of adjudication and court costs. On August 30, 2018, in 18-CM-003XXX, the Honorable Richard Weis in Division X, accepted our client’s plea of no contest and the State dropped the DUI.  Our client avoided probation, a 2nd DUI conviction, and many other time consuming and financially devastating sanctions.

DUI Dropped to Reckless Driving with a Withhold of Adjudication – RIDR Program

On August 7, 2018, in Division D, in Tampa, FL, the court accepted a plea of “no contest” to reckless driving with a withhold of adjudication. The case was originally filed as a DUI. Our lient entered the RIDR program and was placed on 12 months of probation and was ordered to complete DUI School (completed before plea), Community Service hours (completed before plea), and 2 months SCRAM monitor.

DUI Charge Dropped (Plus We Won the Client’s Formal Review Hearing in a Refusal Case)

On August 6, 2018, in case number 51201800XXXXCTAXWS, pending before the Honorable Anne Wansboro in Pasco County, at the courthouse in New Port Richey, FL, the State filed a “Nolle Prosse” which dropped the only criminal charge of DUI. The State dropped the DUI case just a few hours before the scheduled motion hearing. The Nolle Prosse came after we filed the following motions:

• Motion to Suppress any Alledged Refusal to Submit to Breath Testing and Motion to Suppress Request for Urine Test, Refusal to Consent to Urine Test;
• Motion to Suppress Evidence Based on No Reasonable Suspicion to Conduct a DUI Investigation and Lack of Probable Cause for Arrest; and
• Motion in Limine to Exlude Certain Testimony Regarding Field Sobriety Exercises and Horizontal Gaze Nystagmus Test.

In that same case, on June 12, 2018, a HSMV Hearing Officer in the Clearwater office invalidated a 12-month refusal suspension after an arrest by Deputy Peter Knorr, a DUI enforcement officer with the Pasco County Sheriff’s Office. The arresting officer, Deputy Knorr, called in for the telephonic hearing, but had no way to be sworn in because he failed to report to a duty station as required by the subpoena. The hearing officer refused to invalidate the suspension on that basis, so we filed a motion to enforce the subpoena in the county court. At the motion to enforce hearing, the Honorable Anne Wansboro in New Port Richey, FL, ordered Deputy Peter Knorr to appear at the rescheduled hearing and to bring the videos required by the subpoena duces tecum.

At the second rescheduled hearing, the Deputy Knorr appeared (in person). The officer brought a copy of the dashcam video but failed to bring a copy of body cam video. The hearing was continued a third time to force the agency to provide the body cam video. After viewing the dash cam video, we also learned that the arresting officer had listed the wrong backup officer on the police report, so we requested a subpoena for that officer as well.

At the third continued return hearing, the arresting officer admitted that he requested a breath test even though he had no suspicion that the driver had consumed any alcohol. Instead, the officer testified that he only suspected marijuana impairment. Implied consent was read and the arresting officer testified that the driver implicitly refused to submit to the breath test.

We introduced the arresting officer’s body cam video into evidence and argued that it showed no probable cause for the arrest, the officer had no reasonable suspicion of alcohol impairment needed under F.S. 316.1932(1)(a)1.a, the officer didn’t request a urine test in connection with the implied consent warning, the officer gave affirmative misadvice about the consequences of refusing, and the officer encouraged the implied refusal of the breath test, or alternatively, no refusal actually occurred.

After listening to the testimony of five witnesses and watching the dash cam and body cam video, the hearing officer found insufficient evidence because there “was no actual refusal.” The twelve (12) month suspension was removed from our client’s driving record as a result. All of this testimony from the formal review hearing was used to convince the prosecutor to drop the charges a few month later.

DUI with BAC over .15 Reduced to Reckless Driving with a Withhold of Adjudication

On July 25, 2018, we were able to negotiate reduction to a Reckless Driving charge with a withhold of adjudication as part of the RIDR program.  The breath sample on the case was over a .15. Case 18-CT-006XXX was heard in front of the Honorable Richard Weis in Division X in Plant City.

DUI Reduced to Reckless Driving with a Withhold of Adjudication

On July 25, 2018, our office was able to secure a reduction to a Reckless Driving charge with a withhold of adjudication.  Our client resolved the case without a conviction and will be eligible to seal the record. Case 18-CT-007XXX was also heard in front of the Honorable Richard Weis in Division X in Plant City.

DUI Reduced to Reckless without Probation in Tampa, Florida

On July 24, 2018, the State agreed to reduce our client’s DUI to a Reckless Driving with a fine. Our client was never ordered to complete any probation. 18-CT-002XXX was heard in front of the Honorable Scott Farr in Division C.

12 Month Refusal Suspension Invalidated when the Arresting Officer Fails to Appear

On July 19, 2018, our client’s 12 months administrative suspension was invalidated after the arresting officer “failed to appear.” The case involved a DUI arrest by Corporal Adam Cinelli with the Pasco County Sheriff’s Office. When we attempted to serve the subpoena on Corporal Adam Cinelli for the formal review hearing, we were informed he was no longer with the Pasco County Sheriff’s Office and that he would be moving out of state. Since the Pasco County Sheriff’s Office refused to accept the subpoena, we had him hand served at his home before he moved out of state. Even though the scheduled hearing was telephonic and he only needed to call in with a notary present (which could have been done from out of state), he failed to appear telephonically. Because of his failure to appear, the hearing officer in the Bureau of Administrative Reviews Office in Clearwater invalidated the suspension which restored our client’s full driving privileges. Had we not served the officer at his home, it is doubtful that we would have won the formal review hearing.

DUI with BAC of .195 Reduced to Reckless Driving with a Withhold of Adjudication

On July 16, 2018, our office was able to secure a reduction to a Reckless Driving charge with a withhold of adjudication.  The breath sample in this matter was .195. Case 18-CT-008XXX was heard in front of the Honorable Miriam Valkenburg in Division A.

Client’s Changes Her Mind About Demanding Formal Review Hearing and Suspension Invalidated

On July 10, 2018, a lady hired us on the 10th day after her DUI arrest. After both applying for a Waiver Review Hearing and obtaining her hardship reinstatement, she learned that she had made a mistake by not hiring an attorney to demand a formal review hearing. While looking online, she found an article on our website that explained that when one BAC reading is over the legal limit of .08 and the other BAC reading is under the legal limit of .08., that the DHSMV will automatically invalidate the six month DUBAL suspension if a formal review hearing is requested. She hired us to go with her to the DHSMV Bureau of Administrative Review Office in Tampa, FL, to try and fix the mistake. We had to wait about 45 minutes, but a hearing officer decided to grant our request. The hearing officer even agreed to conduct the formal review hearing right then and there so that her driving privileges could be reinstated immediately. The paperwork admitted into the record during the hearing showed that she two breath samples of 0.078 and 0.81. We moved to invalidate since their was insufficient evidence to show a BAC of .08 or above. The hearing officer granted our request and issued an order that provided, in part: “there is insufficient evidence to support the suspension because of no valid breath test or improper procedures.”

Court Prevents Prosecutors from Issuing Subpoena for Our Client’s Medical Records

On July 5, 2018, Judge Barry W. Bennett, the County Administrative Judge in Polk County, issued an order sustaining our objection to the issuance of an investigative subpoena for our client’s medical records. One of our arguments during the hearing was that the State should not be given a second opportunity to subpoena the same hospital records because of res judicata.

At the hearing, we informed the Court that County Judge Susan L. Barber had already entered an order on April 27, 2018. At the conclusion of that earlier hearing, Judge Barber determined that the State had failed to demonstrate that the records sought were relevant to an ongoing criminal investigation. The prosecutor did not seek a rehearing and no appeal was taken from that order. We argued that this prior order was dispositive of the issue before Judge Bennett.

The State argued that it can, indeed, seek an investigative subpoena a second time if it has acted in good faith. The Court’s order provided, in part:

“Should the State get a second bite at the apple under circumstances where it failed to carry its burden of proof at an evidentiary hearing regarding relevance to an ongoing criminal investigation? Under this particular scenario, this court does not believe it should. The issue of relevancy has already been decided on its merits. Relitigating the issue would be tantamount to double jeopardy.”

For these reasons, the objection to the subpoena was granted. The State Attorney’s Office will not be able to obtain our client’s private medical records.

12 Month Refusal Suspension Invalidated Because Arresting Officer Fails to Appear

On June 28, 2018, a DHSMV Field Hearing Officer in the Tampa Office invalidated at twelve (12) month administrative suspension for refusing to submit to a breath test. The breath test operator who completed some of the paperwork in the case appeared but had no recollection of the case. The arresting officer failed to appear. The order that invalidated the suspension provides: “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

12 Month Refusal Suspension Invalidated Because Arresting Officer Fails to Appear

On June 27, 2018, a DHSMV Field Hearing Officer in the Tampa Office invalidated at twelve (12) month administrative suspension for refusal. The arresting officer failed to appear at the hearing. The order that invalidated the suspension provides: “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the arresting officer failed to appear.”

12 Month DUBAL Second Suspension Invalidated – No PC for the Arrest

In a different case decided on June 27, 2018, a DHSMV Field Hearing Officer in the Clearwater Tampa Office invalidated at twelve (12) month administrative suspension for our client who had a breath test reading over .08 with a prior administrative suspension from 2015. Our client was rear ended by another driver who accused our client of not using a turn signal. After the crash, the Florida Highway Patrol trooper began a criminal investigation more than one hour and thirty minutes after the crash. The FHP trooper who made the DUI arrest testified at the hearing. We moved to invalidate the suspension because of this unreasonably prolonged detention and a lack of probable cause that our client was under the influence while driving. The evidence showed that during that time our client ate and drank at a bar located right next to the crash site. The hearing officer granted our motion to invalidate the suspension after considering the police reports and the trooper’s testimony because “the arrest was not lawful.”

6 Month DUBAL Suspension Invalidated for an Invalid Stop or Lack of Evidence

On June 20, 2018, a HSMV Field Hearing Officer in the Tampa office invalidated a six (6) month suspension issued by a DUI enforcement officer with the Hillsborough County Sheriff’s Office for driving with an unlawful breath alcohol level (DUBAL). The order provided that after reviewing the facts of the case the hearing officer “determined that there is insufficient evidence to support the suspension because the stop was invalid or lacked evidence.”

DUI Reduced to Reckless in Tampa with No Probation

On May 21, 2018, in case number 17-CT-022XXX, pending before the Honorable John Conrad in Division E in Hillsborough County, the court accepted a negotiated plea when a DUI charge was reduced to reckless driving with no probation required.

DUI with Property Damage Dropped to Reckless Driving with a Withhold of Adjudication

On May 17, 2018, in Division D, in Tampa, FL, the court accepted a plea of “no contest” to reckless driving with a withhold of adjudication. The case was originally filed as a DUI with property damage involving a rear end collision with a commercial motor vehicle. The Florida Highway Patrol (FHP) troopers alleged that immediately after the arrest, the defendant refused a breath test (although he was not asked about breath testing when he was at a location where a breath test could actually be given). Troopers with the Florida Highway Patrol conducted the field sobriety exercises without recording any audio or video of the incident. Despite FHP not having any video, we were able to obtain video from a nearby business that showed the field sobriety exercises and contradicted some of the testimony of the two troopers involved in the investigation.

12 Month Administrative Suspension for Refusal Invalidated

On May 16, 2018, HSMV Field Hearing Officer Donald Plato in Tampa, FL, invalidated a 12-month administrative suspension. The “Final Order on Results of Review Hearing” was entered pursuant to Chapter 15A-6, F.A.C. and section 322.2615, F.S. In the order, the hearing officer set aside the suspension of the driving privileges dated April 8, 2018, for the refusal to submit to a breath, blood or urine test. Upon reviewing the facts of the case during a formal review hearing, the Department Hearing Officer determined that there was insufficient evidence to support the suspension because there was “no evidence to place driver in physical control.” The arresting officer was a trooper with the Florida Highway Patrol.

DUI Reduced to Reckless in Hillsborough County

On April 30, 2018, in case number 17-CT-009XXX, pending before the Honorable Paul Jeske in Division G in Hillsborough County, the court accepted a negotiated plea when a DUI charge was reduced to reckless driving.

The Court Sustained Our Objection to the Prosecutor’s Attempt to Subpoena Our Client’s Medical Records

On April 27, 2018, Judge Susan L. Barber, Polk County Judge, granted out objection to the issuance of an investigative subpoena for our client’s medical records. The case began after our client was involved in a single car accident in Polk County. He was taken to the hospital because of injuries that he sustained during the crash. A deputy with the Polk County Sheriff’s Office began a criminal investigation, read Miranda, and attempted to interrogate our client about whether he was DUI when the crash occurred. The officer saw several clues of impairment and believed our client was under the influence of alcohol. The officer requested a “voluntary” blood test which our client declined.

Shortly thereafter, the Unit Supervisor of County Court, on behalf of the State Attorney’s Office in Polk County, FL, send our client a letter notifying him that the prosecutor intended to issue an investigative subpoena for medical records. The client hired us to object to the attempt by the State Attorney’s Office to get a copy of his medical records. We filed an objection and served the hospital with a copy of our objection.

The matter was scheduled for a hearing in front of Judge Barber. After an evidentiary hearing with witnesses, the court found that prosecutor had not met the burden of demonstrating a “compelling governmental interest” that would warrant disclosure of the patient’s private medical records. In the written order, the court sustained our objection and ruled that the prosecutor’s “investigative subpoena shall not issue in this matter.”

Without the medical records, the State Attorney’s Office did not have sufficient grounds to file any charges for DUI or any other criminal charges.

DUI with Dry Reckless with a Withhold of Adjudication and No Probation

On April 25, 2018, in a case pending in Hillsborough County, the state attorney’s office agreed to reduce the charge of DUI to a dry reckless driving with a withhold of adjudication and court costs. The client was NOT put on probation or sentenced to any jail time. The state offered this resolution after the defense filed a motion to suppress and motion in limine. The motions were based on the fact that the officer had very little independent recollection of the basis for the arrest, the reading of implied consent or the alleged refusal. The client also won their formal review hearing when the officer failed to appear, so the client avoided any administrative suspension as well.

DUI to Reckless with Second Refusal

On April 16, 2018, in Division E in Hillsborough County, the state attorney reduced the charge of a DUI to reckless driving in a case in which the client was also charged with a second refusal to submit to testing under 316.1936. On the reckless driving, the client received the standard sanctions on probation and the second refusal was resolved for an adjudication and court costs. This client also won the formal review hearing so she did not suffer a court order suspension or the 18-month hard administrative suspension.

12 Month Suspension for Refusal Invalidated at Clearwater Bureau of Administrative Review Hearing

On April 6, 2018, a DHSMV Field Hearing Officer in the Clearwater BAR invalidated the 12-month suspension of a driver accused of refusing to submit to a breath, blood or urine test. The arresting officer from the Sarasota County Sheriff’s Office testified telephonically, but the hearing officer found that based on that testimony and the reports prepared by other law enforcement officers in the case, there was insufficient evidence to support the suspension because the stop was invalid or lacked evidence.

Pasco County DUI Breath Test .122 and .130 Reduced to Reckless with a Withhold of Adjudication 

On April 4, 2018, for a case pending in Dade City in Pasco County the charge of DUI with property damage was reduced to reckless driving under 316.192 with the standard probation terms. The court withheld adjudication. The state agreed to the resolution after the defense filed a motion to suppress the BAC reading of .122 and .130 because the Intoxilyzer 8000 machines used in Pasco County was not in substantial compliance with the administrative rules because it failed monthly inspections and was not sent off for needed repairs.

DHSMV BAR Hearing Officer Invalidates 6 Month Suspension for Having a BAC over .08

On February 2, 2018, HSMV Field Hearing Officer S.J. Felia in the Tampa Office invalided a six (6) month administrative suspension for having a BAC over .08 after determining that there is insufficient evidence to support the suspension because “the arresting officer failed to appear.”

DHSMV BAR Hearing Officer Invalidates 18 Month Refusal Suspension

On January 29, 2018, HSMV Field Hearing Officer Donald Plato in the Tampa Office invalided an 18 month administrative suspension for refusing to submit to a breath test in a DUI case because there was “no evidence to place driver in physical control” of the motor vehicle.

State Files a “Notice of Nolle Prosequi” for DUI Refusal with Property Damage

On January 18, 2018, an Assistant State Attorney in Tampa, FL, entered a nolle prosequi which dropped the charge of DUI refusal with property damage that was pending against our client.

DUI Reduced to Reckless Driving with a Withhold of Adjudication

On January 2, 2018, our case was scheduled for a motion hearing before the Honorable William G. Sestak in Pasco County, FL. The motion showed that our client’s listed statements should be excluded from evidence because they were taken under the Accident Report Privilege and/or in violation of Miranda after a crash between two vehicles. Our client was charged with DUI with property damage and careless driving. Right before the motion hearing, the prosecutor offered to reduce the DUI with property damage down to reckless driving with a withhold of adjudication so that our client would not be “convicted” and no points were be assessed. The withold of adjudication on the reckless driving charge also means that the client would be eligible to seal the record. The court dismissed the careless driving citation and accepted the negotiated plea. Our client was placed on probation to show proof she had already completed DUI school, pay a fine plus court costs and restitution, perform community service and complete the other standard sanctions. This same client has also won the formal review hearing to remove the 12 month administrative suspension from her driver’s license at the DHSMV Bureau of Administrative Review (BAR) because of “conflicting evidence or discrepancies”.

DUI Dropped Completely Through a “Nolle Prosequi”

On December 14, 2017, the State Attorney’s Office filed a “Notice of Nolle Prosequi” in a DUI case pending in Division “D.” The deputy with the Hillsborough County Sheriff’s Office reported that the vehicle was speeding, swerved on the roadway, the driver had an open container in the vehicle and admitted consuming alcohol before the DUI arrest. The case had been remanded for a new hearing and trial after an appeal by the Public Defender’s Office. The appeal resulted in a reversal of the trial court’s decision on a motion to suppress. The appellate court found that the Honorable Robert Beach, Senior Judge, departed from the role as an impartial judge and remanded the case for a new motion hearing and trial (with a different judge). Our office was retained after the appeal was decided. After we were retained, we were able to convince the State Attorney’s Office to drop the charge completely before the rehearing on the motion.

DUI Reduced to Reckless Driving

On December 14, 2017, at the courthouse in Tampa, FL, in Division A with the Honorable Judge Miriam V. Valkenburg, the court accepted a negotiated plea when a DUI charge was reduced to reckless driving with standard sanctions.

DUI Reduced to Reckless Driving

On December 13, 2017, in case number 17-CM-008XXX, our client’s case was resolved when the prosecutor agreed to reduce the DUI charge to reckless driving and to drop the other charges for possession of marijuana and possession of drug paraphernalia. The case was resolved before the Honorable Lawrence M. Lefler in Division D at the courthouse in Tampa, FL.

DUI Reduced to Reckless Driving

On December 6, 2017, in case number 17-CT-004XXX, our client’s DUI charge was reduced to reckless driving at the Tampa Courthouse before Judge Myers.

DUI Dropped to Reckless with a Withhold of Adjudication in Pinellas County

On December 5, 2017, the prosecutor with the State Attorney’s Office in Pinellas County agreed to reduce our client’s charge for DUI with a Refusal to Submit to the Breath Test to Reckless Driving with a withhold of adjudication (so that the client would not be convicted and could petition the court to seal the record after the probation was completed). The case was pending before the Honorable Myriam Irizarry. After the court accepted the negotiated plea, the client was required to be on probation with an option for automatic early termination when all conditions were met including paying fees and costs, completing 50 hours of community service, and showing proof that she had already completed DUI school. The State Attorney’s Office subsequently dropped the other pending charges for possession of marijuana and possession of an open container of alcohol by entering a written nolle prosse.

DUI Reduced to Reckless in Clearwater, FL

On November 15, 2017, in case number 17-CT-071XXX, pending before the Honorable Judge Myriam Irizarry in Division G in Pinellas County, the court accepted a negotiated plea when a DUI charge was reduced to reckless driving with no probation requirement.

DUI Reduced to Reckless Driving

On October 12, 2017, in Division X, at the courthouse in Plant City, FL, the Court accepted a plea to reckless driving after the case was reduced from DUI. After a single-vehicle car crash, our client was taken to the hospital where he signed a consent form giving a deputy with the Hillsborough County Sheriff’s Office permission to take his blood sample. Several months later, the blood test results came back from the crime lab showing the BAC was well over the legal limit of .08. The offer to reduce the case to reckless driving came after a motion to suppress was filed showing that the consent was not freely and voluntarily given under the circumstances.

DUI Reduced to Reckless Driving

On October 12, 2017, in Division A, at the courthouse in Tampa, FL, the Court accepted a plea to reckless driving which was reduced from the original charge of a “3rd DUI outside of 10 years.” Our client was stopped for driving the wrong way on a roadway near Ybor City. The officer also alleged that our client did not participate in field sobriety exercises or submit to a breath test. The prosecutor did not offer to reduce the case until a few days before the jury selection and trial was scheduled to begin.

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On October 5, 2017, HSMV Field Hearing Officer John Costello issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. The Department Hearing Officer determined there was insufficient evidence to support the suspension because the arresting officer with the Manatee County Sheriff’s Office failed to appear at the hearing. The arresting officer actually appeared by phone for the first scheduled hearing which had to be rescheduled because the officer was not at a location where the officer could be sworn in to testify. Over our objection, the hearing was rescheduled, but at the rescheduled hearing, the officer failed to call in at the designated time.

One Year Administrative Suspension for DUI Refusal Invalidated in Tampa Office

On September 26, 2017, HSMV Field Hearing Officer KT King issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. The Department Hearing Officer determined there was insufficient evidence to support the suspension because “the DUI evidentiary packet had not been received.” The arrest was made by a deputy with the Hillsborough County Sheriff’s Office who was furnished with a copy of the order by the hearing officer.

DUI with a Breath Test Reading of .122 and .124 Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

On September 25, 2017, in a case pending before Judge Lefler, Division D, Hillsborough County, in Case Number 17-CT-0024XX, we were able to enter into a negotiated plea to a reduced charge of “Reckless Driving” even though the breath test reading on Intoxilyzer 80-006567 was over the legal limit. The State agreed to reduce the charge to reckless only a few days prior to the scheduled jury trial.

DUI Refusal Case Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

In another case resolved on the same day, September 25, 2017, pending before Judge Lefler, Division D, Hillsborough County, in Case Number 117-CT-0037XX, we entered into a negotiated plea to a reduced charge of “Reckless Driving.” According to the police report, the officer with the Tampa Police Department reported that the failed to maintain its lane and almost struck a raised center median before running a red light and then drifting over the center lane marker several times. The officer also alleged that our client refused to submit to a breath test when requested. The prosecutor with the State Attorney’s Office did not agree to reduce the case to reckless driving until a few days before the scheduled jury selection.

Writ of Certiorari to Invalidate a 12 Month Driver’s License Suspension Granted

When you lose a formal review hearing during those 42 days after the DUI arrest, you can file an appeal called a “writ of certiorari” to the Circuit Court so that the administrative suspension can be invalidated, the driving privileges can be reinstated, and the notation of an administrative suspension can be removed from the permanent driving record.

On August 31, 2017, a three-judge panel including Circuit Judge Susan Barthhle, Judge Shawn Crane, and Judge Linda Babb, granted our Petition for Writ of Certiorari. The issue in the case was whether the evidence presented to the hearing officer at the formal review hearing linked the Petition as the driver of the vehicle in question. The Court agreed with our argument that “at no point do the witnesses to the crash identify Petition as the driver of the vehicle…Therefore, the license suspension cannot stand, and the final order of the FHDSMV must be set aside.”

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On August 24, 2017, HSMV Field Hearing Officer Sondra Boresow issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. Upon reviewing the facts of the case, the Department Hearing Officer determined there was insufficient evidence to support the suspension because of “conflicting evidence or discrepancies” regarding whether the implied consent warning was read correctly and/or whether the driver actually refused to submit to the breath and/or urine test. Before the motion to invalidate was granted, we took testimony from a civilian witness that was involved in the crash that occurred immediately before our client’s arrest for DUI.

Six Month Administrative Driver’s License Suspension Invalidated

Our client was accused of driving under the influence of alcohol causing a traffic crash. During the DUI investigation, the arresting officer went to the hospital to request a blood test from our client. After the blood test result was determined to be over .150, the investigating officer with the Florida Highway Patrol triggered a six month driver’s license suspension. The Trooper failed to submit to the DHSMV a criminal report affidavit that has been properly attested to or notarized. We moved to invalidated the suspension on this basis. Our motion was ultimately granted by Hearing Officer VanVaerenburg because the the suspension was invalidated after a formal review hearing on July 21, 2017.

DUI with Property Damage and Bodily Injury Completely Dismissed on Speedy Trial Grounds

On April 25, 2017, our client’s charges for DUI causing property damage and bodily injury were dismissed by the court. On May 11, 2017, the two civil infractions for careless driving and driving without headlights were dismissed by the court. The cases were heard by Judge Vandercar, in the county court in Pasco County at the courthouse in Dade City, FL.

After we were hired, we filed a Notice of Appearance for the civil traffic tickets and then waited to see what would happen with the DUI. When the DUI was finally filed by the State Attorney’s Office, it was filed well after the speedy trial period had run. We promptly filed a Notice of Expiration of Speedy Trial and a Motion to Dismiss. Our firm argued that the State was not entitled to the recapture period as the DUI matter was filed well after the speedy trial period had passed.

Although the State claimed that they attempted to file the Information within the speedy trial period, the Judge agreed with our argument that even though the error was inadvertent between the State and the Clerk’s Office, it was unfair to the Defendant to give the misimpression the State had abandoned prosecution. The State’s wanted the court to enter a Nolle Prosse, but we requested a ruling by the court on our motion so that the State could never refile charges again. The Judge ultimately ruled in our favor and dismissed the DUI.

When we went back to court two weeks later for a trial on the civil infractions. At that trial, the trooper with the Florida Highway Patrol admitted that he did not personally witness the accident. Therefore, the Judge dismissed both traffic infractions as well.

One Year Administrative Suspension for DUI Refusal Invalidated in Clearwater Office

On April 11, 2017, HSMV Field Hearing Officer John Costello issued a final order on the results of the formal review hearing which set aside the 12-month suspension of the driving privilege for refusal to submit to a breath test. Upon reviewing the facts of the case, the Department Hearing Officer found the evidence to be insufficient to support the suspension when the arresting officer with the Florida Highway Patrol, Troop C, failed to appear at the hearing after being properly served with a subpoena.

“Not Guilty” Jury Verdict for Boating under the Influence (BUI) in Pasco County

On March 30, 2017, the jury returned a “not guilty” verdict exonerating our client of Boating under the Influence (BUI). The presiding judge was the Honorable Debra Roberts in the West Pasco County Judicial Center in New Port Richey, FL.

An officer with the Florida Fish and Wildlife (FFWCC), Officer Damon J. Pulaski, arrested our client for BUI after seeing him operating a boat and loading it onto a trailer at a boat ramp in Pasco County. FWC Officer Damon Pulaski is particularly experienced with BUI cases having served with the FWC since 2005 and completed the NASBLA BUI Training Course. Officer Pulaski is also certified as the agency inspector for several of the Intoxilyzer 8000 breath test instruments maintained by FFWCC.

After completing a safety, equipment and fishery inspection, Officer Damon Pulaski reported that the client admitted to consuming “10 beers.” During the BUI investigation, the officer administered a series of seated battery exercises. As a result of the investigation, the officer arrested our client for BUI. Although the client blew a .091 and .091 on the Intoxilyzer 8000 at the Land’O’Lakes jail several hours later (which was slightly above the legal limit), the prosecutor did not seek to admit the breath test results at trial.

We had previously filed and litigated a motion to suppress the breath test results because we were able to show that the agency inspector at the Pasco County Sheriff’s Office was deleting error / exception messages during monthly inspections by hitting the backspace button. Although the court ultimately found the lack of compliance was not substantial enough to suppress the breath test reading, prosecutor ultimately decided not to introduce the breath test results at trial.

DUI Reduced to “Reckless Driving” with Only Mandatory Court Costs Sanctions

On February 24, 2017, in a case pending before Judge Farr, Division C, Hillsborough County, in Case Number 16-CT-016xxx, we were able to enter into a negotiated plea to a reduced charge of “Reckless Driving” without the court imposing any sanctions other than mandatory court costs.

DUI – Alcohol Concentration .04 > in a Commercial Vehicle

On February 9, 2017, the court in North County Traffic Court in Pinellas County dismissed the case pending against our client for Driving a Commercial Motor Vehicle (CMV) with any alcohol in violation of Florida Statute 322.62(1). A court hearing was held on February 9, 2017, with witnesses which resulted in the following action: CASE DISMISSED.

One Year Refusal Suspension Invalidated after DUI Arrest

On January 31, 2017, Hearing Officer Plato invalidated a one-year administrative suspension after a DUI arrest by a trooper with the Florida Highway Patrol because there was “insufficient evidence to support the suspension because the DUI evidentiary packet was not received” in time for the hearing.

Judge Granted Our Motion to Suppress Evidence after an UNLAWFUL Traffic Stop in a DUI Case

On January 9, 2017, our client’s DUI charged (the only charge pending against her) was dismissed by the court. The result occurred because we filed a motion to suppress. The Honorable Senior Judge, James V. Dominguez, heard testimony from a trooper with the Florida Highway Patrol concerning a traffic stop that was conducted without legal authority. The Court also watched a video showing the defendant’s driving pattern.

Although the trooper had a call over dispatch about a report of a reckless driver and the video showed that the driver stopped past a stop bar at a red light, the Court found this evidence insufficient to show any lawful basis for the stop. The police reports alleged that the trooper saw the defendant driving “all over the road,” weaving within the lane, crossing the double yellow line and running over a curb. After the motion to suppress was granted, the Court then dismissed all charges pending against the client including DUI.

Six Month Suspension Invalidated

On November 8, 2016, a HSMV filed hearing officer in Tampa invalidated a six-month administrative suspension after it was determined that the facts showed “insufficient evidence to support the suspension because of conflicting evidence or discrepancies.”  At the hearing, we made a motion to invalidate the suspension because of discrepancies between the officer’s testimony and other evidence in the case which showed that the initial stop was illegal.

Breath Test over .08 Six Month Administrative Suspension Invalidated

On October 12, 2016, a HSMV field hearing officer in Tampa, FL, invalidated a six month administrative suspension after an accusation that our client had a BAC of .08 or higher on the Intoxilyzer 8000. We filed a demand for a formal review hearing to invalidate the suspension. The motion to invalidate was granted because the DUI evidentiary packet was not received from the arresting deputy with the Hillsborough County Sheriff’s Office.

DUI with Property Damage Reduced to Reckless Driving

On October 5, 2016, in case number 2016-CT-010XXX in Hillsborough County before Judge McNeil at the Plant City Courthouse, we were able to get the charges DUI with property damage reduced to reckless driving. We were also able to vacate the conviction for an associated careless driving violation so that the case could be resolved for a withhold of adjudication without any points being added to the client’s driving record.

Both One Year Suspension and CDL Disqualification Invalidated Because of Incorrect Reading of Refusal Warning

On October 3, 2016, a HSMV field hearing officer in Tampa, FL, invalidated a one-year suspension for refusing to submit to a breath test and a one-year disqualification of the Commercial Driver’s License for a CDL holder. After a full hearing with five witnesses who testified, the hearing officer agreed with our argument that there was insufficient evidence to support the suspension and disqualification “because no or improper Implied Consent Warnings” were read to the CDL driver who had been operating a semi-truck involved in a crash with another semi-truck at the time of the arrest.

Six Month Administrative Suspension Invalidated After Additional Review

On July 26, 2016, after a DUI checkpoint arrest by the Tampa Police Department, HSMV Field Hearing Officer David Laliberte invalidated a six-month suspension (that had previously been upheld by another hearing officer) because “[u]pon reviewing the facts of the case, the Department Hearing Officer has determined that there is insufficient evidence to support the suspension because the stop was invalid or lacked evidence.”

One Year Refusal Suspension Invalidated after DUI Arrest

On July 25, 2016, Hearing Officer C. Wright invalidated a one-year administrative suspension after a DUI arrest. After a full hearing with witnesses, the hearing officer decided that there was “insufficient evidence to support the suspension because of conflicting evidence or discrepancies.”

One Year Refusal Suspension Invalidated after DUI Arrest

On July 22, 2016, the hearing officer invalidated a suspension after an arrest for DUI with un unlawful alcohol level because after reviewing the facts of the case, there is insufficient evidence to support the suspension because the arresting officer failed to appear at the hearing.

DUI Charge Dropped Completely

On July 14, 2016, in case number 16-CT-007XXX, our client’s DUI charge was dropped completely in a case pending before Judge Eric Myers, Hillsborough County, Tampa. The prosecutor announced the nol pross shortly before the jury trial was scheduled to begin.

One Year Suspension Invalidated Because of Missing Video

On June 13, 2016, the hearing officer set aside the one year administrative suspension after determining there was “conflicting evidence and discrepancies.” At the hearing conducted on May 24, 2016, the arresting officer failed to appear but he had previously sent a written request to the department for a continuance. The hearing officer initially found that another hearing officer had released the arresting officer from appearing.

The hearing officer found that the hearing officer had not therefore “failed to appear.” Nevertheless, we made a motion to invalidate. The hearing officer abruptly closed the evidentiary portion of the hearing and left the room. The hearing officer then typed up a decision sustaining or upholding the 12 months suspension even though we never had a chance to question the arresting officer.

We wrote a letter to the attorney for the DHSMV asking them to reconsider so that we would not have to file a petition for writ of certiorari from the formal review hearing in the DUI case and incur attorney fees and costs. We also included in the letter a request for the DHSMV to pay the attorney fees under Florida Statute Section 57.105, Fla. R.App. P. 9.400, and all other applicable provisions of Florida law that allow for the award of attorney fees and costs in that type of case.

Instead of forcing us to pursue the writ of certiorari, the DHSMV just decided to invalidate the suspension and remove it from the record. Moral of the story: If you disagree with a decision upholding the suspension, ask for reconsideration within 7 days and put the Office of General Counsel on notice of your intention to ask for attorney fees and costs before filing the writ of cert.

One Year Refusal Suspension Invalidated after DUI Arrest

On April 21, 2016, Hearing Officer Tom LeGare with the Clearwater Bureau of Administrative Reviews (BAR) Office entered a final order invalidating a six month suspension for DUI with a BAC over .08 because the hearing officer determined that there was not enough information to support the administrative suspension. Our client’s full driving privileges were cleared that same day.

One Year Refusal Suspension Invalidated after DUI Arrest

On March 30th, 2016, Hearing Officer E. Tine invalidated a one year refusal suspension because an officer with the Pasco County Sheriff’s Office failed to appear at the hearing.

DUI with a Refusal to Take the Breath Test Dismissed Entirely by the Court

On January 4, 2016, the Honorable Paul T. Jeske granted our motion to suppress evidence. Our motion alleged that the stop by an officer with the Florida Highway Patrol was without probable cause. After the motion to suppress was granted the Judge then granted our motion to dismiss the charge of DUI (the only criminal charge in the case). The Court also merged and dismissed all of the civil traffic infractions in the case so that the client walked out of the courtroom with the entire case being resolved in his favor.

One Year Suspension Invalidated Because of the Officer’s Failure to Appear

On December 16, 2015, a hearing officer invalidated a one year refusal suspension after finding that there was insufficient evidence to support the suspension because the arresting officer with the Hillsborough County Sheriff’s Office failed to appear.”

One Year Suspension Invalidated Because of Missing Video

On December 3, 2015, the hearing officer set aside the one year administrative suspension. The allegations were that our client refused to take a breath test. The arresting officer with FHP had been properly served with a subpoena duces tecum to bring the video of the DUI investigation to the hearing. Although the officer appeared at the hearing and testified, he did not bring the video. The hearing officer reset the hearing but the officer still didn’t provide the video. After moving to invalidate the suspension on due process grounds, the hearing officer agreed to invalidate the suspension. The final order found “insufficient evidence to support the suspension because of missing or illegible evidentiary documents.”

One Year Administrative Suspension Invalidated Because of No Refusal

On October 28, 2015, a one year administrative suspension was set aside. We argued that there was “no actual refusal” because the driver had recanted or cured the refusal within a reasonable time period after the initial refusal. The arresting officer with the Hillsborough County Sheriff’s Office testified that after the refusal, the defendant then asked for a breath test. Because the arresting officer made no attempt to accommodate that request, the hearing officer invalidated the one year suspension.

Writ of Certiorari Granted Reversing One Year Administrative Suspension

On October 22, 2015, Judge Emmett L. Battles, Circuit Court Judge for Hillsborough County signed a Final Order Granting Writ of Certiorari and Directing the Clerk to Close the File. The order quashed the hearing officer’s order upholding our client’s one year administrative suspension for allegedly refusing to submit to a breath test. The issue in the case was that the hearing officer denied the petitioner’s right to due process by improperly continuing the hearing after the arresting officer failed to appear. Although the arresting officer had requested a continuance in advance of the original hearing date, the hearing officer did not determine that good cause existed for the continuance request.

“Not Guilty” Verdict After Jury Trial in a DUI Refusal Case

On October 13, 2015, at the courthouse in New Port Richey in Pasco County before Judge Marc H. Salton the jury returned a “not guilty” verdict after a DUI trial. Our client was charged with a second DUI outside of 5 years.

DUI Refusal Reduced to Reckless Driving

On October 7, 2015, Judge Jennifer X. Gabbard at the Plant City Courthouse accepted a plea of “no contest” to the reduced charge of reckless driving. The case had originally been charged as a DUI with a refusal to submit to a breath test.

Administrative Suspension Invalidated

On September 22, 2015, the HSMV Field Hearing Officer invalided the suspension. The hearing officer found there was insufficient evidence to support the six-month suspension because the DUI evidentiary packet was not received in time by the Tampa Police Department.

DUI Conviction Reversed Because of Improper Comments by the Prosecutor in Closing Arguments

On August 18, 2015, we won a direct appeal reversing the conviction in a DUI case in Pasco County at the New Port Richey courthouse. We argued in the appeal that the prosecutor made several improper comments during closing arguments in the case that created the perception that the defendant had a burden to produce evidence of innocence. The court agreed and found that the comments were so improper that the trial was deemed fundamentally unfair even though the defense did not object to the prosecutor’s improper arguments. Because the State could not demonstrate on appeal that the error was harmless the conviction was reversed and remanded for a new trial. The case was decided by Circuit Judges Linda Babb, Shawn Crane and Daniel D. Diskey.

DUI BAC .204 and .208 Reduced to Reckless Driving

On August 17, 2015, in Division G at the courthouse in Tampa, FL, the Court accepted a plea involving a reduction of a DUI with a breath test reading of .204 and .208 on the Intoxilyzer 8000 maintained by the Hillsborough County Sheriff’s Office to Reckless Driving with the standard sanctions including probation to complete DUI school and follow up treatment, fines and cost costs, and 50 hours of community service. By avoiding a DUI conviction the client did not receive a court-ordered driver’s license suspension or a requirement that she install the ignition interlock device. The video in the case showed that the driver had a cold and asked to take her cough medicine right before the field sobriety exercises. Her cough continued during the exercises and after the arrest by Tampa Police Department Officer J. Sustek. The cold, fever and cough could have contributed to the higher breath test reading. The case was resolved with a plea to the reduced charge of reckless driving on the day of trial. The civil infraction for driving without headlights was merged and dismissed.

DUI BAC .090 and .079 Reduced to Reckless Driving with a Withhold of Adjudication and No Probation

On August 14, 2015, in front of Judge Grey at the New Port Richey courthouse, in the 6th Judicial Circuit in and for Pasco County, a DUI charge involving a BAC of .090 and .079 was reduced to reckless driving. The prosecution agreed to “withhold adjudication” making the client eligible to seal any record of the arrest or prosecution. By avoiding an adjudication to the reckless driving charge the client was able to avoid receiving any points on his driving record. Because he had already completed DUI school and agreed to pay costs immediately, he was not put on probation. No community service was required as part of the plea deal. The plea was offered in exchange for the defense withdrawing a Motion to Suppress the breath test results for a lack of substantial compliance with the administrative rules. That motion was scheduled on the same day that the plea was entered. Also, since one breath test reading was below .08 the administrative suspension was invalidated and removed from the driving record. Therefore, no driver’s license suspension occurred.

DUI Charges Completely Dropped in Hillsborough County, FL

On July 24, 2015, in Division B of County Court, the State Attorney’s Office in Hillsborough County filed a “Notice of Nolle Prosequi” which dropped all charges pending against our client for DUI with Property Damage after our client’s medical records were improperly obtained. It was alleged that the defendant was involved in a serious traffic crash with property damage. The officer reported detecting the distinct odor of alcoholic beverages and seeing the driver’s slurred speech and watery-bloodshot eyes. The defendant allegedly refused to provide a blood sample after the reading of Implied Consent. Thereafter, the officer improperly obtained the medical records with the help of the State Attorney’s Office without properly providing the defendant notice.

Administrative Suspension Invalidated

On July 22, 2015, the HSMV Field Hearing Officer in Tampa, FL, invalidated the suspension because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On June 25, 2015, 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 Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On June 19, 2015, the HSMV Field Hearing Officer in Tampa, 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 Florida Highway Patrol (FHP) failed to appear at the hearing.

DUI Refusal Reduced to Reckless Driving with No Probation

On April 28, 2015, in front of Judge Lefler at the Tampa courthouse in Hillsborough County, a DUI refusal cases was dropped down to a reckless with standard sanctions through a plea in absentia. The prosecutor agreed that no probation was required. The plea was negotiated in exchange for the Defense withdrawing a “Motion to Exclude” any mention of the alleged “refusal” because the driver did not refuse to take the breath test after being properly advised of the implied consent warning as required by Florida law. The plea was accepted the day before the motion hearing was scheduled.

Administrative Suspension Invalidated

On March 16th, 2015, 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 Florida Highway Patrol (FHP) failed to appear at the hearing.

Administrative Suspension Invalidated

On March 19th, 2015, the HSMV Field Hearing Officer set aside the one year suspension in a DUI refusal case because there was insufficient evidence to support the suspension because the arresting officer with the Hillsborough County Sheriff’s Office (HCSO) failed to appear at the hearing.

Administrative Suspension Invalidated

On February 18, 2015, the HSMV Field Hearing Officer in Clearwater, FL, set aside the one year suspension in a DUBAL case because there was insufficient evidence to support the suspension because the arresting officer with the Florida Highway Patrol (FHP) in Troop C failed to appear at the hearing.

Administrative Suspension Invalidated

On January 7, 2015, the HSMV Field Hearing Officer in Hillsborough County, FL, set aside the one year suspension in a DUI refusal case because there was insufficient evidence to support the suspension because of missing or illegible evidentiary documents submitted by the Florida Highway Patrol.

“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.

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.

DUI Reduced to Reckless with a Blood Alcohol Reading of 0.145 and 0.142

On December 9, 2013, the prosecutor with the State Attorney’s Office in Division P in Plant City, FL, agreed to reduce the DUI charge to reckless driving. It was alleged that the client was involved in a motorcycle accident. The driver was taken to the hospital because of his injuries. While he was at the hospital, Florida Highway Patrol Officer James A. White, Jr., entered his room to request that he submit to a blood test. The nurse took the sample and the driver was given a careless driving citation.

Several months later, the driver received a Notice to Appear in the Plant City Courthouse on “Direct File” charges for DUI and DUI with property damage. Although the citation demanded that the driver appear in court, the clerk’s office did not actually set the arraignment until 60 days later. The state filed an additional charging document for DUI before the 90 day speedy trial period ran.

Although the client was eligible to immediate reinstatement of his hardship driving privileges (waiver review) he elected to contest the administrative suspension of his driver’s license. Our request to invalidate the suspension was granted by the Department of Highway Safety and Motor Vehicles after the hearing with three witnesses who did appear (but the arresting officer failed to appear).

For the criminal case, we filed numerous motions including a notice of expiration of speedy trial. At the five day hearing, the State offered to reduce the charge of DUI to reckless driving with probation to complete DUI school, buy out 47 hours of community service at $10 per hour, attend a three hour Victim Impact Panel, and pay $500 in fines and court costs. The case was resolved that day.

DUI Refusal Reduced to Reckless

On December 4, 2013, in Division E of the County Court for Hillsborough County at the Tampa Courthouse, our client’s DUI charge was reduced to reckless driving. The police report alleged that our client drove the car onto a dead-end street onto a long driveway of a residence and then onto the lawn where the car got stuck in a concrete drainage ditch.

The officer allegedly saw the person trying to move the vehicle while sitting behind the wheel with the engine on. The officer alleged the individual smelled of alcoholic beverages, exhibited other clues of alcohol impairment and performed poorly on roadside agility exercises.

After the arrest, the person allegedly refused to take a breath test. The charges were reduced to reckless driving at the pre-trial conference with standard sanctions.

DUI with a .246 and .239 Reduced to Reckless Driving

On December 4, 2013, in Division B of the County Court for Hillsborough County, our client’s charge of “DUI over .15” was reduced to reckless with a withhold of adjudication.

Part of the reason for the plea deal was because the breath test technician was unavailable for trial.

The client was also charged with driving while license suspended which was reduced to no valid DL with a withhold of adjudication. The case was resolved with 12 months probation, early termination when the following conditions were met: completion of DUI school, 50 hours of community service (with full buy out option), standard court costs plus $1,000 additional costs.

2nd DUI in Five Years Reduced to Reckless

On December 5, 2013, in Division A, the prosecutor agreed to reduce the charge of DUI, which would have been a second within 5 years, to reckless driving with standard sanctions for the reduced charge. The officer alleged that the driver fell asleep at the wheel at an intersection, allegedly refused to perform agility tests or submit to a breath test.

The reduction allowed the client to avoid the minimum mandatory penalties for a second DUI within five years including: 10 days in jail, a fine of at least $1,000, a five year driver license revocation, 30 day vehicle impound, and a requirement of installing the Ignition Interlock Device for at least 12 months.

DUI Reduced to Reckless with a .087 and .089 Breath Test Reading

On October 2, 2013, the prosecutor in Division E, of the County Court in Hillsborough County, Citation 6546-X__, agreed to reduce the DUI charge to reckless driving with standard sanctions. The case involved a DUI arrest by Officer Nathanael Taveras with the Tampa Police Department’s DUI unit. The client was stopped for failure to maintain a single lane (weaving) and breaking erratically.

The officer noted the driver appeared to be intoxicated and had an abnormal lack of alertness (slow / lethargic mannerisms), a deep stare, and extremely bloodshot, watery and glassy eyes, a noticeable sway, slurred speech, and a distinct odor of an alcoholic beverage on his breath. The officer reported he did poorly on field sobriety exercises and arrested him for DUI. He blew a .087 and .089.

Client Found “Not Guilty” at trial for DUI in a case with a Breath Test Reading of .149 and .147

On September 27, 2013, the jury returned a “Not Guilty” verdict. The case, Citation 6546-XFA in Division “C” in Tampa, FL, involved an arrest by Officer Dean Uno with the Tampa Police Department’s DUI enforcement unit. The client was stopped for running a stop sign. The officer that conducted the stop reported smelling the odor of alcoholic beverages on the client’s breath, and noted that his eyes were bloodshot, watery, and that his speech was slurred.

When Officer Uno arrived he administered field sobriety exercises before making an arrest for DUI. At trial, we objected to the breath test results being admitted into evidence. The trial court ultimately sustained that objection. Although the jury had been told the breath test results by the prosecutor during opening statements and the breath test operator had mentioned one of the results during her testimony, the trial court instructed the jury to disregard that argument and evidence.

The prosecutor used the officer’s testimony and the video evidence to argue that the client’s normal faculties were impaired. After deliberating for nearly two hours the jury returned a “not guilty” verdict.

DUI with Breath Test of .081 Reduced to Reckless with Withhold of Adjudication and No Probation

On September 10, 2013 in Case Number 2012-CT-004___, before Judge K. Douglas Henderson in Manatee County, the prosecutor agreed to reduce the case to reckless driving with a withhold of adjudication. Obtaining the withhold of adjudication is important for eligibility to petition to seal the arrest record and mugshot.

The DUI arrest was made by Trooper Michael Jarabek with the Florida Highway Patrol after a civilian called the police to report a driver that was “all over the roadway.” The stop officer reported the vehicle was weaving within the lane and speeding 73 mph in a 65 mph zone. The case was resolved in exchange for the client withdrawing a motion to suppress.

The court allowed the client to come back to court with proof that he had completed DUI school and a victim impact class so that he did NOT have to be on probation. The court dismissed a civil infraction for speeding. The client paid the court costs and the case was closed forever that day before the client left the courthouse.

DUI with a Felony Possession of a Controlled Substance and Paraphernalia Reduced to One Count of Reckless

On September 3, 2013, in Case Number 2013-CF-0006xx-A in the Fifth Judicial Circuit for Hernando County, in the felony charge of possession of controlled substance and possession of paraphernalia was dropped entirely and prosecutor reduced the DUI charge to reckless driving. The negotiated plea was for six months probation to complete DUI school, one Victim Impact Panel, 50 hours of community service, and a fine and court costs totaling $538.00.

The client was originally charged with a felony charge of possession of a controlled substance (XRL11 (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone commonly known as K2, spice, or synthetic marijuana), possession of paraphernalia (the pipe used to consume XRL11) and DUI Impaired (DUBAL). We argued that although Florida enacted an emergency rule in the Florida Administrative Code (FAC) 2ER12-1 published on 12/12/2012 Vol. 38/89, the legislature did not act until April of 2013. Because of the legal challenges that could result from the prosecution of charged for XRL11, the prosecutor dropped the felony charge, the paraphernalia charge and reduced the DUI to a less serious charge of reckless driving in exchange for the negotiated plea.

Although the case was pending for trial in front of Judge Anthony M. Tatti in Hernando County, after the drug charges were dropped, the prosecutor refiled the reckless driving charge in county court where the case was resolved on September 4, 2013.

DUI with a Breath Test Reading of .163 and .161 Reduced to Reckless Driving

DUI Citation number 7856-X__ was resolved on August 19, 2013, in a division of Tampa’s County Court, on the day of trial. In order to avoid a trial, the prosecutor agreed to reduce the DUI with a breath test reading over .15 and subject to enhanced DUI penalties to a reckless driving.

The reduced sentence saved the client from a court-ordered driver’s license suspension, a requirement of installing the ignition interlock device, and enhanced fines. Instead, the client had standard sanctions for the reduced charge of reckless driving and a withhold of adjudication on a charge of possession of drug paraphernalia. The case involved an arrest by Officer Joseph S. Sustek with TPD’s DUI enforcement unit.

DUI with Breath Test Reading of .089 and .091 Reduced to Reckless

For citation number 6267-X__, resolved in the County Court in the Tampa Courthouse on August 13, 2013 at the pre-trial conference schedule one week before jury section, the prosecutor agreed to reduce the charge of DUI to reckless driving with standard sanctions for the reduced charges. The case involved a breath test reading slightly above the legal limit of .08 and an arrest by Officer Michael Lyon with the Tampa Police Department’s DUI enforcement unit.

DUI with Breath Test Reading of .136 and .138 Reduced to Reckless

For citation number 6213-X _ _, resolved in division C in the County Court in and for Hillsborough County, FL, the case resolved at the pre-trial conference on June 11, 2013, when the prosecutor agreed to drop the DUI down to reckless driving for standard sanctions including a fine, court costs and community service. The civil citation for driving the wrong way down a one way street was merged and dismissed.

DUI with Breath Test Reading of .140 and .160 Reduced to Reckless / Charges for Possession of Marijuana and Drug Paraphernalia Dropped

For case number 12-CM-000628, the case resolved on the day of jury trial on June 10, 2013, when the prosecutor agreed to drop charges for possession of marijuana and drug paraphernalia. The prosecutor also agreed to drop the DUI charge down to reckless driving with standard sanctions. Part of the reason for the reduction was because the prosecutor would have had difficulty admitting the breath test reading into evidence at trial.

DUI with Breath Test Reading of .113 and .114 Reduced to Reckless

For citation 4821-XGA, in a case resolved on the day of jury trial on May 20, 2013, the prosecutor agreed to reduce a breath test case with a reading of .113 and .114 to reckless driving with standard sanctions. The negotiated plea allowed the client to avoid a DUI conviction, court ordered driver’s license suspension, and 10 day vehicle impoundment.

DUI with Breath Test Reading of .144 and .145 Reduced to Reckless with Withhold of Adjudication and No Probation

In another case resolved on May 13, 2013, our client’s charge of DUI with a breath test reading of .127 and .121 in citation 5326-XEP was reduced to reckless driving. The negotiated plea was for a withhold of adjudication and no probation. The client was required, however, to pay court costs.

DUI with Breath Test Reading of .144 and .145 Reduced to Reckless with Withhold of Adjudication and No Probation

On May 13, 2013, our client’s charge of DUI with property damage with a breath test reading of .144 and .145 in citation 4698-XGA was reduced to reckless driving. The negotiated plea was for a withhold of adjudication and no probation, although the client was required to pay court costs.

DUI with Breath Alcohol Concentration of 0.174 and 0.180 was Reduced to Reckless Driving with Adjudication Withheld

On April 1, 2013, for case number 5811-XGA in Hillsborough County our client’s charge of DUI BAL over .15 and improper lane change was reduced to Reckless Driving. The civil infraction was dismissed. The prosecutor also agreed to withhold adjudication so that no points were assessed and the client would be eligible to seal the record. The case was resolved on the day of a motion to suppress hearing alleging that there was no valid basis for the stop.

DUI Charges Dropped Completely with a Nolle Pross

In case number CT-7448-XXX – On October 24, 2012, at a final pre-trial conference before the Honorable James Dominguez, County Court Judge in Tampa, the prosecutor announced a “Nol Pross” which completely dropped all charges against our client. Our client had been arrested for DUI by Officer Michael Tinney of the University of South Florida Police Department.

USFPD Officer Tinney alleged that our client failed to drive in the designated lane, crossed the solid yellow line to the right then swerved to the left and cross the dotted line affecting other traffic. After the stop, the officer alleged that our client had bloodshot glassy eyes, a strong odor of alcoholic beverages on his breath. During the field sobriety exercises the officer alleged that our client stumbled and swayed while performing the field sobriety exercises. Our client took the breath test with a reading of .057 and .059. The officer suspected marijuana use and requested a urine test.

2nd DUI within 5 Years Reduced to Reckless

Case No. 12-CT-971 – On October 16, 2012, Judge Donald E. Scaglione granted our motion to exclude any mention of the urine test our client took. (The court denied our request to suppress the alleged refusal of the breath test.) We filed the motion to suppress the breath and urine test because the officer had no valid basis to ask for both a breath and urine test under the circumstances. As a result of the motion being granted in part, the prosecutor agreed to reduce the charge to “Reckless Driving.”

It was alleged that Deputy William Cooper with the Hernando County Sheriff’s Office stopped our client’s vehicle for weaving back and forth, crossing the right dotted line at least five times before swerving back to the left lane, and making a wide left turn running off the pavement. After initiating the traffic stop the officer reported smelling a distinct odor of an alcoholic beverage on the breath, mumbled speech, a flushed face, water and bloodshot eyes and pupils that were dilated and reacted poorly to light. The officer also reported that that our client performed poorly on the field sobriety exercises. After the arrest the officer demanded that our client submit to both a breath test and a urine test. The officer alleged that our client refused to take either the breath or the urine test.

DUI Refusal Reduced to Reckless

CT-9515-XXX – On October 10, 2012, the case was resolved before Judge Dick Greco, Jr., County Court Judge in Tampa, Hillsborough County, FL, with a negotiated plea after the State Attorney’s Office agreed to reduce the case to reckless driving. Officer James Blanchard with the Tampa Police Department, DUI enforcement unit, stopped our client’s vehicle. He reported that our client had a distinct odor of an alcoholic beverage on his breath, bloodshot and glassy eyes, and slurred speech. Officer Blachard alleged that our client refused to perform field sobriety exercises or take a breath test.

DUI Refusal Reduced to Reckless

CT-8196-XXX – Also on October 10, 2012, this DUI charge was resolved before the Honorable Dick Greco, Jr., County Court Judge in Hillsborough County, with a negotiated plea after the prosecutor agreed to drop the charges down to “reckless driving.” In this case, a DUI enforcement officer with the Tampa Police Department, John D. Vallejo, reportedly stopped our client’s vehicle for following too closely (within a few feet) behind the officer’s vehicle. After the stop , the officer alleged detecting a distinct odor of an alcoholic beverage, glassy eyes, and a physically unsteady appearance. The officer alleged that our client performed poorly on field sobriety exercises and refused to submit to a breath test.

DUI Dropped to Reckless Driving with Withhold of Adjudication and No Probation

CT-006603-XXX- On July 23, 2012, the prosecutor dropped the charge of DUI down to reckless driving and agreed to a “withhold of adjudication” so our client would be eligible to seal the criminal record. Because the client had already completed DUI school he was not required to be on probation. His case was resolved that day for a withhold of adjudication and the payment of higher court costs.

The case involved an arrest by an officer with the DUI enforcement unit of the Tampa Police Department. The officer alleged that our client drove in the left lane with his right turn signal on, changed lanes cutting off another vehicle, drove 45-60 mph in a 40 mph zone, drifted inside his lane, drove in two lanes, and followed another vehicle too closely. The officer alleged that our client “refused” to take a breath test after performing poorly on the field sobriety exercises.

All Charges Dropped on Day of Jury Trial

The prosecutor dropped all charges on July 23, 2012 (the day the case was scheduled for jury selection in Tampa in case number CT-001757-XXX). This DUI case involved a breath test reading of .065 and .067 which is below the legal limit. The case also involved a urine test allegedly showing a positive reading for 11-Nor-9-carboxy-delta-9-tetrahydrocannabinol. However, since the FDLE crime lab report did not have any quantitative findings to show when the marijuana might have been consumed we argued that the results should not be allowed at trial. Prior to that issue being decided, the prosecutor dropped the charges.

Third Lifetime DUI in New Port Richey Dropped Completely Because Video Showed Officers Did Not Comply with DUI Checkpoint Operation Plan –

On July 12, 2012, an Assistant State Attorney filed a “Nolle Prosequi” in case number CTC11-0768XBJTWS-17 which stated that “…further investigation of this case by the State Attorney’s Office has revealed that further prosecution is not warranted.”

The nol pross was filed after we filed a Motion to Suppress all evidence in the case because the DUI checkpoint guidelines were inadequate and the officers in the field failed to follow the guidelines. At first, the State Attorney’s Office indicated it would contested the motion, filed a witness list with 11 additional witnesses, filed 11 witness affidavits from officers alleging that no violation occurred, as well as a FHP Checkpoint Pre and Post Operational Detail Briefing Roster, and other documents.

After we received all of the affidavits we showed the prosecutor that although the Operational Plan required only every third (3rd) vehicle would be stopped, in the background of the arrest video you could clearly see that officers were not following that requirement.

The video showed that the officers were pulling over three and four vehicles in a row or letting through several vehicles at one time. In fact, during the video approximately 60% of vehicle were stopped even though only 33% of the vehicles should have been stopped. Assistant State Attorney Vincent Petty was at the scene during the entire roadblock and was also assigned to litigate the motion to suppress although he did not sign the nol pross form.

DUI with Injury Charge Dropped Completely and Felony Leaving Scene with Injury Reduced to Misdemeanor after car accident near USF’s campus –

July 11, 2012 – Our client was originally arrested for leaving the scene of a crash with injury, a third degree felony, and DUI with minor injury and property damage in case number 12-CF-002346 / 6184-XFA. Ultimately, the State Attorney’s Office filed the leaving the scene charge as a misdemeanor instead of a felony. The arresting officer, Steven L. Buchanan, with the Tampa Police Department alleged that our client rear ended another vehicle causing serious property damage and minor physical injury before fleeing on foot after a crash near the USF campus.

The accident was witnessed by two civilian witnesses who allegedly saw our client driving and fleeing the scene. The officer alleged that our client owned the vehicle and was located a lying on the ground between two dumpsters a short distance away, performed poorly on field sobriety exercises, smelled of alcohol, had slow-slurred-mumbled speech, and bloodshot-watery-glassy eyes, and an unsteady appearance. On July 11, 2012, a few weeks before the scheduled jury trial the State Attorney’s Office agreed to drop the DUI with property damage charge completely (meaning the client did not enter a plea to any reduced charge such as DUI or reckless driving). The client was allowed to enter a plea to the second degree misdemeanor charge of leaving the scene and paid a fine without being required to be on probation.

DUI with Failure to Submit to Breathalyzer (Refusal) Reduced to Reckless Driving with Adjudication Withheld in Polk County, FL (2012CT-000910)-

On July 2, 2012, the day that jury selection was scheduled to begin, the State agreed to reduce the DUI charge to reckless driving and to not object to the Court withholding adjudication. The Court accepted the plea and agreed to withhold adjudication. The facts of the case involved an arrest by Officer Cory A. Suttle with the Bartow Police Department after he alleged our client ran a stop sign.

The officer alleged that our client looked intoxicated and performed poorly on a series of field sobriety exercises before refusing to submit to a breath test. One problem in the case for the prosecution was that the officer alleged that his audio was not working properly at the time of the arrest which made it difficult to know whether the officer had administered the field sobriety exercises correctly.

DUI with Property Damage (breathalyzer reading of .149 /.149) Reduced to Reckless Driving and other charge of Leaving the Scene of Crash with Property Damage was Dropped Completely (6760-XEF and 8351-GTP)-

On April 19, 2012, two business day before the scheduled jury trial, the prosecutor offered to reduce a DUI with Property Damage (FS 316.193(3)(c)(1)) to reckless driving, with probation and special conditions of DUI school, $1,000 fine plus court costs and 50 hours of community service (with 100% buy out option at $10 per hour). The prosecutor also agreed to drop the charge of Hit and Run Crash with Property Damage (FS 316.061(1)). The Judge in Division “E”, Hillsborough County accepted the plea.

The facts of the case showed that Officer Kelly Stead with the Tampa Police Department alleged that our client hit another unoccupied vehicle in the parking lot of a bar causing heavy front end damage. After being stopped a short distance away from the crash, Officer Stead alleged that our client had glassy eyes, slurred speech, inconsistent responses, admitted to drinking alcohol at the bar, performed poorly on the field sobriety exercises and blew a .149 and .149 on the breathalyzer instrument.

Pinellas County DUI Reduced to Reckless Driving with a Withhold of Adjudication and No Probation (CTC11-5343XCHANC)-

On April 12, 2012, the day jury selection was scheduled to begin, the prosecutor offered to reduce a DUI refusal case to reckless driving with a requirement that the client pay $606.00 in court costs. The plea negotiation included a requirement that the Court would “withhold adjudication” so that the client would not be convicted of any criminal offense making her eligible to seal any record of the arrest or prosecution. The Honorable John D. Carballo, County Court Judge in and for Pinellas County accepted the plea. Because the client was able to pay the costs the same day she was not placed on probation.

The case involved an arrest by Nicholas Giordano, 6010, with the Clearwater Police Department who alleged our client was speeding near the Sand Key Bridge and had an odor of an alcoholic beverage emanating from her breath. Officer Nick Giordano also alleged she had bloodshot eyes, a pale face, was unsteady on her feet and used her car door for assistance when she exited the vehicle. The officer alleged that she admitted consuming alcohol, performed poorly on field sobriety exercises and refused to provide a breath sample to determine her breath alcohol concentration.

Second DUI within 5 Years Reduced to Reckless Driving (9457-XEW)-

On March 19, 2012, the day of jury selection, the prosecutor offered to reduce a second DUI within 5 years of a prior DUI conviction to reckless driving. We had previously picked a jury in the case but halfway though the case the Honorable Judge James V. Dominguez declared a mistrial. The case was reassigned to Honorable John Conrad, Judge in County Court, Tampa, Hillsborough County.

The case involved an arrest made by Deputy Christopher C. M. Fauskee, with the Hillsborough County Sheriff’s Office who alleged that our client failed to move over or reduce speed for his law enforcement vehicle which had its emergency equipment activated on the side the Interstate. The officer alleged that our client was driving 65-70 mph when she passed within a few feet of where he was standing on the side of Interstate 75. After the traffic stop and roadside sobriety exercises, the officer arrested our client for DUI. At central breath testing it was alleged that our client blew a 0.116 and 0.108 on the Intoxilyzer 8000 breathalyzer.

Prior to those readings, our client has made several attempts to blow involving an “insufficient sample” of air under 1.1 liters. We argued that the evidence showed that our client has a severe case of scoliosis and diminished lung capacity which lead to an inaccurately high breath test reading. At the time of the test the “flow sensor” on the instrument had never been calibrated by FDLE. We argued that the breath test reading was inaccurate which was supported by the video from the roadside which showed that our client did not appear to exhibit the normal signs of intoxication and performed relatively well on the field sobriety exercises.

DUI with breath test reading of .146 Reduced to Reckless (7962XEF)-

On March 15, 2012, we resolved a drunk driving case pending before the Honorable Dick Greco, County Court Judge in Tampa, Hillsborough County, FL. The prosecutor offered to reduce the DUI case with a breathalyzer reading of 0.145 and 0.147 to reckless driving. The arresting officer, Nathanael Taveras with the Tampa Police Department alleged that our client recklessly and improperly backed up in a crowded parking lot “almost” striking pedestrians including a 6 year old child outside the “Monster Truck Show.”

The officer also alleged that our client smelled of an alcoholic beverage, was unsteady on his feet, had bloodshot watery eyes, and had slow and lethargic movements with a fixed gaze. The officer alleged that our client did poorly on the field sobriety exercises, and blew a 0.145 and 0.147 on the breathalyzer which was over the legal limit of 0.08. In this case we engaged in a long and bloody battle to obtain the source code for the Intoxilyzer 8000 (Florida’s approved breathalyzer). Without the source code it was impossible to determine why certain obvious glitches that were occurring in the machines. Although we did not obtain the source code, we believe that the motions that were filed and litigated contributed to the prosecutor eventually making a reckless offer to resolve the case short of trial.

DUI with breath test reading over .08 Reduced to Reckless (8591-XEF)-

On March 15, 2012, in a different case pending before the Honorable Dick Greco, County Court Judge in Tampa, Hillsborough County, FL, the prosecutor offered to reduce the DUI case with a breathalyzer reading over the legal limit of .08 to reckless driving. The arresting officer, Steven Wilson with the Tampa Police Department alleged that our client fell sleep with the door to his vehicle opened in front of a CVS drug store.

The arresting officer alleged that our client’s performance on the field sobriety exercises showed clues of impairment. The officer said he had a distinct odor of an alcoholic beverage on his breath, admitted to consuming alcohol, swayed as he stood, and had bloodshot watery eyes, and his speech was slightly slurred. This case also involved numerous motions to obtain the source code and other materials on the Intoxilyzer 8000 from the State and the company that manufactures the machine.

DUI Reduced to Reckless with a Withhold of Adjudication in Brooksville, Hernando County, FL (2011-CT-0017xx)-

On March 9, 2012, our client’s charge of DUI was reduced to reckless driving. It was part of the negotiated plea that the court would withhold adjudication (so the client was eligible to seal any record of the arrest or prosecution). It was also part of the negotiated plea that the client would serve one day UNSUPERVISED probation to pay court costs of $518. Our client was not required to complete DUI, community service hours, or complete any of the other conditions typically required.

Office Steven Johnson with the Hernando County Sheriff’s Office alleged that our client refused to submit to a a “lawful and approved breath test.” We showed, however, that no lawful or approved test actually existed in Hernando County on the day our client was arrested because the breath test operator had unexpectedly resigned in protest of testing conditions at the Hernando County jail.

NOT GUILTY Verdict in DUI Refusal Case in New Port Richey, FL (CTC-11-4003XDUTWS-17)-

On January 31, 2012, a jury returned a “Not Guilty” verdict in a case involving only one charge of DUI before the Honorable Judge Debra Roberts, Judge in Pasco County Court for New Port Richey, FL. Our client was charged with driving under the influence of alcohol. He was stopped for allegedly driving through a steady red light and then stopping in the roadway. The stopping officer alleged that he had a strong odor of alcohol emitting from his breath, bloodshot watery eyes, and slurred speech.

The stopping officer alleged that he had fumbling fingers and dropped documents while looking for his insurance card before questioning the officer about what he was looking for. An officer with the Pasco County Sheriff’s Office DUI enforcement unit (called the STEP unit), Deputy Creg Bell was called. He completed a roadside investigation and arrested the client for DUI. The client allegedly refused to submit to breath testing. Jury selection took place on January 30, 2012. After an all day trial on January 31, 2012, the jury deliberated for 48 minutes before returning a NOT GUILTY verdict. Our client elected not to testify at the trial.

DUI Refusal with Property Damage Reduced to Reckless (CT-009562-XXX)-

On January 23, 2012, immediately before jury selection was scheduled to begin before the Honorable Dick Greco, Jr. County Criminal, Division D, the prosecutor offered to reduce the DUI with property damage charge to reckless driving. (The client’s driving record showed that she had previously been charged with DUI and that charge was also reduced to reckless driving.)

This case also involved an arrest by Tampa Police Department Officer James Blanchard who (prior to this arrest) left the TPD DUI Enforcement Unit. Nevertheless, TPD Officer James Blachard continues to make DUI arrests as a patrol officer. As part of the negotiated plea to reckless driving the client was required to complete DUI school, pay a fine and court costs, and perform community service.

DUI with breath test reading of .160 and .172 with Property Damage Reduced to Reckless (Adjudication Withheld) (2011CT-001808xxaxmx)-

On January 12, 2012, in a drunk driving case pending before the Honorable Donald Scaglione, County Court Judge in Brooksville, Hernando County, FL, the prosecutor offered to reduce the DUI case with a high blow of .160 and .172 to reckless driving. Judge Scaglione agreed to accept the plea and withhold adjudication so that the client would be eligible to seal any record of the arrest and prosecution.

The client agreed to pay a fine and court costs, and complete 50 hours of community service. The client was accused of DUI after a single vehicle car crash in which it was alleged he lost control of his vehicle and it left the roadway and struck a tree. The case was resolved after we filed several motions attacking the qualifications of the breath test operator and agency inspector, and alleged abnormalities with Hernando County’s DUI breath testing procedures, including an allegation that the breath test instrument was not in substantial compliance with Florida’s Administrative Codes.

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 onset of nystagmus prior to 45 degrees.

DUI with high blow of 0.138, 0.117, 0.132 reduced to Reckless Driving (CT-00002422-XEJ) –

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(2010-CF-012058) –

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 reduced 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.

DUI Charges Completely Dropped (10-CT-8137-A-O) – On the day jury selection was scheduled to begin, October 12, 2010, the State Attorney’s Office filed a “nolle prosequi” in open court for a DUI case involving a breath test reading of 0.055 and 0.052

After the breath test, our client agreed to take a urine test which reportedly tested positive for marijuana (specifically 11-Nor-9-carboxy-delta-9-tetrahydrocannabinol or THC). On the day of trial, the prosecutor dropped the DUI charge completely (in other words the client did not enter a plea to any reduced charges). The court also dismissed a citation for possession of an open container and failure to obey a traffic control device. The client did plead “nolo contendere” to a civil speeding ticket and paid a $312 fine.

DUI Charges Completely Dropped (CT-007562-GGW) – On April 29, 2010, the Prosecutor filed a “nolle prossequi” which dismissed all charges pending against our client.

Tim Matas, I.D. #49005, an officer with the Tampa Police Department reported that he arrested our client for DUI because our client: (1) failed the nystagmus test (initial eye test); (2) had a “distinct odor of an alcoholic beverage emitting from his person”; and (3) “demonstrated clues of impairment” during the roadside ability exercises. Although our client told the officer that he only had one beer to drink earlier in the evening, the officer nevertheless arrested him for DUI. Our client decided to take the breath test and blew .007 and .008 which is well below the legal limit of .08.

Officer Matas then requested the driver submit to a urine test. Our client agreed to take the urine test which came back 60 days later completely clean. After seeing the urine test and other evidence in the case, all charges were dropped. This recent case shows us that the police can often make mistakes in DUI cases by arresting individuals that are not impaired by either drugs or alcohol.

DUI with Property Damage Reduced to Reckless Driving with a Withhold of Adjudication

Client avoids DUI conviction and the typical reckless driving sanctions (CT-001783-X–) after being arrested in Tampa for DUI with Property Damage. Our client took the breath test which registered a reading of 0.96 and 0.102. The charge was reduced to reckless driving on April 8, 2010 before the Judge James Dominguez, in Tampa, Hillsborough County, FL.

The police alleged that our client was changing lanes when he crashed into a vehicle which was then pushed into the vehicle in front of it. The officer reported that our client’s performance on the field sobriety exercises indicated impairment. After the arrest, our client took the Intoxilyzer 8000 breath test which registered .102 and .96. In order to fight the charges, we filed the following DUI motions:

Prior to a hearing on the motions, the State Attorney’s Office agreed to reduce DUI to reckless driving, withhold adjudication (so the client could avoid a “conviction” and points), and imposed court costs. The client was not required to take DUI school, do community service, or serve any time on probation.

Tampa DUI Conviction Avoided for 0433-X– – With Breath Test Result over .08

On February 16, 2010, the prosecutor agreed to reduce the DUI charge to reckless driving in a case pending before Judge Lefler. Our client had been convicted of DUI one year before, so avoiding the DUI conviction saved her from the penalties for a second DUI within five years. Those penalties included at least 10 days in the Hillsborough County jail, a five year revocation of her driver’s license with no ability to obtain a hardship driver’ license for at least the first year, and one year with an ignition interlock device.

No DUI Conviction with .156 and .153 Breath Test Reading for 6305-X– after DUI 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 after prosecutor reduces 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 – Client avoids 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 video tape 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) with out 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 schedule 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 blood shot 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 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 were 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.