STATE v. DF

The Result

DUI reduced to CARELESS DRIVING civil infraction

Client was driving in Pasco County and ultimately pulled over for speeding, 61/45 zone.  Officer observed bloodshot watery eyes, slurred speech, a strong odor of alcohol among other indicators of impairment.  Client was asked to perform field sobriety exercises of which he was determined to have shown enough signs of impairment for an arrest for DUI.  Client also showed 6 clues of impairment during the Horizontal Gaze Nystagmus test, a test that shows involuntary reaction and can’t be practiced.  After arrest, client performed a breath test and blew .029, and subsequently makes an admission to smoking marijuana previously.  When the drug test results came back negative, the State Attorney’s Office offered a Reckless Driving with probation sanctions.  Attorney advised his client that we should set the case for trial unless the State offered a CIVIL TRAFFIC INFRACTION of careless driving as opposed to the Reckless Driving which is criminal in nature.  Upon a subsequent conversation with the State, Attorney relayed he and his clients stance and asked for the CARELESS DRIVING.  Ultimately, the State realizing the weakness of their case, offered the CIVIL INFRACTION of careless driving and Attorney’s client pled to a Civil traffic infraction as opposed to his originally charged DUI.