Our client was driving west on State Road 60 at speeds in excess of 80 miles per hour at 2:30 a.m. A Hillsborough County Sherriff’s Officer initiated a traffic stop. After making contact with the client, the Sherriff noticed bloodshot watery eyes, slurred speech, and the strong odor of alcohol on our clients breath. Accordingly to the Sherriff, our client failed the field sobriety exercies. Our client was taken to the station, where she blew a breath test result of .06 and .07 approximately 1.5 hours after the arrest.
Our Client’s Position
Our client spoke to multiple Dui Lawyers about her case. More than one expressed their belief that the case could be worked out for a reckless driving, provided the video evidence in the case was not damaging. Our client knew that she was not impaired, and should not be arrested. She came to us with the firm conviction that only two resolutions were acceptable: A Not Guilty at trial, or a dismissal of the charge.
We started with the obvious: We had breath results under a .08. However, we knew the State Attorney could argue that our client was over a .08 at the time of driving, and the breath results had dropped to their levels because it took an hour and a half from the time of the stop until the time of the breath result. We therefore immediately enlisted the help of a toxicologist, who concluded that, in his opinion, the breath result may have actually been lower than the .07 at time of driving.
There was damaging “HGN” evidence, but we knew we would be able to exclude that evidence because the particular Sherriff had not been properly trained or qualified as an expert in HGN.
Finally, the video evidence seemed to exhonerate our client. If a picture was worth a thousands words, then the video would be worth two : Not Guilty.
The Result: With a reduction of the charge not being an option, we set the case for trial. At the final hearing before trial, the State Attorney agreed to dismiss all charges. The client went home without having to try the case, but with the dismissal of the charge. She is now eligible for an expungment of her record, including the sherriff’s office picutre on their website.