STATE v. EM

The Result

DUI reduced to Reckless Driving – No conviction, No Probation

Client was pulled over for driving the wrong way on a one way street. Based on the officers observations of the driving pattern, odor of alcohol and blood shot watery eyes he  began a DUI investigation. After ordering the driver out of the vehicle she was asked to perform field sobriety test. The diver requested to make a phone call before doing anything. The officer took this as a refusal and placed EM under arrest. EM was then transported to Central Breath Testing. While being transported to central breath EM was informed that she was going to be given an opportunity to provide a breath sample. EM requested that instead of providing a breath sample she would prefer to provide a blood sample. The officer also noted this as a refusal. After released from custody EM contacted Attorney Jeff Rich who after reviewing the evidence, contacted the state attorney. Attorney Rich pointed out that the refusal of the field sobriety exercises and the breath test were not true refusal and the state would have a hard time arguing consciousness of guilt. Without that argument there was server lack of evidence. The State agreed to reduce the case to reckless driving and just pay court cost. There was no probation, no DUI School, No Community Service and No Driver License Suspension. In addition EM received a withhold of adjudication, which means she will not have a formal conviction on her record and will be eligible to have her record sealed immediately.