DUI with .141 breathalyzer reduced to reckless driving
Client was arrested for DUI, after the arrest client submitted to a breath test and produced results of .140 and .141. After being released from jail client retained attorney Jeff Rich. After reviewing the evidence attorney Rich noticed some discrepancies in the breath test results. At the DMV hearing the arresting officer stated under oath that there were some issues with the breath test machine when the defendant gave her breath test sample. The arresting officer was not the breath test operator and he could not testify as to what the issues where. After hearing his testimony Attorney Rich filed a motion to take the deposition of the breath test operator. The motion was argued before Judge Rice in Hillsborough County after hearing arguments from both the state and defense Judge Rice granted the motion. The deposition was set a day before the deposition was set Attorney Rich received a phone call from the Assistant State attorney prosecuting the case. The State Attorney offered to reduce the case to reckless driving with minimal sanctions if the deposition was cancelled. After presenting the offer to the client, she agreed to accepted the reckless driving offer.