DUI Continued

STATE v. EC-F

Result: DUI reduced to Reckless Driving

Defendant was pulled over for drifting in and out of his lane. It was immediately noticed that Defendant smelled of a strong odor of alcohol, had slurred speech, was delayed in his response to the Deputy, and had trouble getting out of the vehicle. Field Sobriety Exercises were performed in a very poor manner with Defendant falling out of starting position on the walk and turn, showing difficulty understanding instructions, and missing heel to toe on several steps. During the one leg stand, Defendant put his foot down three times and ultimately was stopped for safety reasons. Defendant missed his nose every time during the finger to nose exercise. After arriving at the jail after his DUI arrest, Defendant refused to perform the breath test. Tampa DUI lawyer Jason Mayberry recognized that his client had a language barrier during his own consult with the Defendant and relayed the issue to the Prosecutor. Mayberry also pointed out the barrier on the Police video. No effort was made by the arresting Deputy to call in a Spanish speaker to ensure clear communication. Based on the aforementioned Jason Mayberry earned a RECKLESS DRIVING reduction with no driver’s license suspension.

STATE v. JM

Result: DUI reduced to Reckless Driving

Client was approached by an officer after witnessing him asleep in his car with vomit outside the door. Upon making contact with Client, Client told the officer that he had 2 shots of tequila. Client was unsteady on his feet and was unaware as to how long he had been asleep. Client showed many signs of impairment during field sobriety exercises and was arrested for suspicion of DUI. Client hired Tampa DUI lawyer Jason Mayberry who negotiated a reduced charge of Reckless Driving.

STATE v. LW

Result: DUI reduced to Reckless Driving

Client was pulled over weaving in and out of her lane, stopping beyond a stop bar and nearly hitting a center median. Client had bloodshot watery eyes and alcohol on her breath. Client was lost her balance during the walk and turn test and failed to touch heel to toe as she walked. Client swayed while performing the one leg stand and put her foot on the ground twice.  After poor performance on field sobriety exercises, Client denied the breath test. Tampa DUI Attorney Jason Mayberry pointed out to the State that the driving pattern was easily explained as a person who was lost. The allegation of the failure to touch heel to toe was not evident from the video. In pointing out the weaknesses of the State’s case, Jason Mayberry received a RECKLESS DRIVING reduction for Client with minimum sanctions and no court imposed driver’s license loss.

STATE v. TH

Result: DUI reduced to Reckless Driving

Client was pulled over for speeding. Client smelled of alcohol, had bloodshot watery eyes, and slurred speech. Client agreed to perform Field Sobriety Exercises he performed unsatisfactorily. Based on his poor field sobriety performance, Client was arrested for Driving Under the Influence and blew a .095 and .091. Tampa DUI lawyer Jason Mayberry got Client’s case amended to a RECKLESS DRIVING reduction. Complicating the issue were prior DUI and reckless driving reductions from incidents in the past.

STATE v. RS

Result: DUI Reduced to Reckless Driving

Defendant was siting idle in a left turn lane for over 11 seconds with no traffic approaching to prevent movement. After witnessing this suspicious behavior, the arresting Deputy followed Defendant who was driving 10 miles per hour below the speed limit. Upon stopping Defendant, the Deputy smelled alcohol, noticed watery bloodshot eyes, and documented that Defendant couldn’t follow instructions for field sobriety exercises. Defendant failed Field Sobriety Exercises and ultimately gave a breath test sample of .11, and .11 after her DUI arrest.  After negotiation with the State and informing them of a motion to suppress the stop, Tampa DUI lawyer Jason Mayberry negotiated a Reckless Driving reduction.