STATE v. HT

The Result

DUI reduced to Reckless Driving

TH was pulled over for speeding.  Upon contact with TH, the Deputy indicated there was an odor of alcohol, bloodshot watery eyes, and slurred speech.  TH then submitted to Field Sobriety Exercises where it was indicated that he performed poorly, showing all signs of impairment in Horizontal Gaze Nystagmus.  During the walk and turn it was indicated TH could not maintain his balance, stopped to steady himself, didn’t touch heel to toe as required, used his arms for balance and lost his balance during his turn.  It was also indicated TH lost his balance in the one leg stand and put his foot down once in the 30 second test period.  Based on this TH was arrested and subsequently blew a .095 and .091 on the breath test.  Tampa DUI  Attorney was able to get TH’s case amended to a RECKLESS DRIVING downcharge with no court imposed driver’s license loss by citing all TH did correctly during FSE’s and also pointing out to the State what the Deputy did incorrectly, potentially giving rise to a motion to suppress evidence.  TH had a prior DUI and reckless driving downcharge from prior incidents that were working against him in the State’s consideration of this matter.