Recent Case Results:

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. The result in this case was unusual, in part, because the prosecutor had problems with the admissibility of the breath test reading after a different breath test operator was unavailable for trial.

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. The client was required, however, to pay court costs. The result was unusual, in part, because the prosecutor had problems with the admissibility of the breath test reading after the breath test operator was unavailable for trial.

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. Read more about the Pasco County DUI Checkpoint.

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

7/11/12 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 hte 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 which is below the legal limit of 0.08.

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.

Client avoids DUI conviction and the typical reckless driving sanctions (CT-001783-XDY) after being arrested in Tampa forDUI 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-XCM - 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-XAM 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 Dismissed on June 5, 2009 by the Honorable Robert G. Dittmer, Pinellas County, FL

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).

No DUI Conviction - 4892-ELT DUI Blood Test Dismissed on May 14, 2009 by the Honorable John N. Conrad, Judge Hillsborough County, FL

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).

Other Criminal Traffic Misdemeanor Case Results:

December 1, 2009 - The Assistant State Attorney in Tampa dropped all charges in CT-001621-FWX before for Judge Lawrence Lefler for driving while license revoked as a habitual traffic offender (ultimately filed as a misdemeanor). The prosecutor dropped immediately before a schedule motion to suppress hearing in which we argued that the Tampa Police Officer that stopped our client did so without valid legal cause under the 4th amendment. The officer performed the stop after a concerned citizen called police to report a suspicious vehicle in front of a vacant home. We were able to help our client lift the five year revocation before the hearing and the fact that this charge was dismissed entirely allowed the client to avoid another five year HTO revocation.

November 12, 2009 - State v. A.W. - Courty Court Judge in Tampa, the Honorable Lawrence Lefler, granted a motion to dismiss all charges, including Driving While License Suspended with Knowledge, a first degree misdemeanor. In the motion we listed all of the undisputed facts and were able to show that where the driver did not admit she knew that her Florida DL was suspended, and driving record showed suspensions were for failing to pay tickets there was insufficient evidence of the "knowledge" requirement, despite the allegations that the client's out of state driving privileges had been suspended three times.

April 6, 2009 - State v. J.S. - County Court Judge in Hillsborough County in Tampa, FL, granted client's motion to vacate two seperate DWLS with knowledge convictions, both first degree misdemeanors, in 5792FGL and 9913GEX, from a plea entered when our client was represented previously by another attorney. Allowing our client to reverse 5 year DL revocation.

February 9, 2009 - State v. M.G. - Motion to vacate conviction for DWLSR with knowledge, a misdemeanor offense, citation number 9445EVY, granted by the Honorable James V. Dominguez, County Court Judge in Hillsborough County, FL. Allowing our client to reverse 5 year DL revocation.

January 28, 2009 - State v. S.J. - Motion to set aside conviction for driving while license suspended with knowledge, a misdemeanor offense, citation number 2616ZFYR, was granted in Hillsborough County by the Honorable Elizabeth G. Rice. The court's ruling allowed our client to reverse 5 year DL revocation.

Our recent DUI case result listed on this website do not necessarily represent the results obtained in all cases because not all results are listed. As you can see below, the results in these cases depended on the particular facts and issues presented in those cases.

The facts and circumstances of your case may be very different. Therefore, the results we have obtained in the past are not necessarily an indication of the results that we will obtain in the future for any particular client. No attorney can promise you any particular result in your case. These case results are provided to give you general information about the types of defenses that we have asserted in cases in the past.