DUI

STATE v. DB

Result: DUI reduced to Reckless Driving

DB was charged with DUI after driving through downtown St. Petersburg on the wrong side of the road with her headlights off. Client performed a horizontal gaze nystagmus test (HGN), showing six clues of impairment. Client, after performing HGN, adamantly refused to conduct additional field sobriety exercises or a breath test. It was noted Client acted irrationally, yelling at the Officers. In any DUI case, excessive emotion is considered a sign of impairment. After investigating the facts of his Client’s case, setting the case for trial, and filing an in depth Motion in Limine to prevent the use of HGN at trial, Tampa DUI attorney Jason Mayberry successfully negotiated a limited penalty Reckless Driving reduction. Pinellas County is possibly the toughest county in Florida to earn a reduction from a DUI.

STATE v. JS

Result: DUI reduced to Reckless Driving

Client was pulled over for speeding and following another vehicle too closely. When the arresting officer made contact with our client he documented a strong odor of alcohol. It was also noted that our client had bloodshot watery eyes, slurred speech, and was unsteady on his feet. Field sobriety exercises were performed poorly and Client was placed under arrest for Driving Under the Influence. Client later submitted breath tests of .167 and .168 more than double the legal limit. Client also admitted coming from a local bar where he had been drinking. Tampa DUI lawyer Jason Mayberry wrote the Prosecutor explaining the weaknesses of the case and threatening a motion to suppress. The Prosecutor reduced the DUI to a Reckless Driving.

STATE v. DF

Result: DUI reduced to CARELESS DRIVING civil infraction

Client was driving home in Pasco County where he was pulled over for speeding at 61 mph in a 45 mph zone. Bloodshot watery eyes, slurred speech, and a strong odor of alcohol were noted. Client showed signs on impairment during field sobriety exercises and 6 clues of impairment when the Horizontal Gaze Nystagmus (HGN) test was performed. HGN is a test that shows involuntary muscle action and can’t be controlled. Client ultimately took a breath test and blew .029. After the breath test, Client made an admission to smoking marijuana that day. A drug test was performed and came back negative for marijuana. A Reckless Driving with full probation sanctions was offered. Tampa DUI attorney Jason Mayberry strongly advised his client to set the case for trial unless the State offered only a CIVIL TRAFFIC INFRACTION of careless driving as opposed to criminal Reckless Driving. Client took Tampa DUI lawyer Jason Mayberry’s advice and eventually the State offered a CIVIL INFRACTION of careless driving and Jason Mayberry’s client pled to a traffic ticket rather than a DUI.

STATE v. JM

Result: DUI reduced to Reckless Driving

Client was charged with Driving Under the Influence after an officer noticed erratic driving. Client had recently read a blog authored by Tampa DUI lawyer Jason Mayberry on what to do if pulled over for DUI. Client remembered and followed the advice of our Tampa DUI lawyers to perfection. Because our client gave the State no evidence to use against him, Jason Mayberry instantly earned a reckless driving offer with standard probation sanctions for his client. Mayberry adamantly advised his client against taking any kind of plea deal knowing he could win in trial. Client initially followed Mayberry’s advice and the case was set for trial. At the final Pre-Trial Conference the State reduced the offer to a withhold reckless driving with only a $100 fine. Client accepted the latest offer in order to instantly seal his record. By relying on our blog our Client mitigated his damages significantly and avoided a DUI.

STATE v. SR

Result: DUI reduced to Reckless Driving

Client was arrested for DUI after an officer saw his SUV facing the wrong direction after his SUV spun out in gravel. One of Tampa’s most decorated DUI officers documented a strong odor of alcohol, bloodshot eyes, and slurred speech, all standard observations during a DUI stop. Client performed field sobriety exercises where he showed all signs of impairment. Client was arrested and refused to perform a breath alcohol test upon arriving at jail. Tampa DUI lawyer Jason Mayberry was able to earn a Reckless Driving charge for his client.