DUI with .130 breathalyzer reduced to reckless driving
Client was arrested for DUI when he was found traveling the wrong way on a one way street in Hillsborough County. The client submitted to both field sobriety tests and breath sample. The offer filed a report indicating the defendant failed the field sobriety test. The client produced a breath sample of .130 and .131. Client retained attorney Jeff Rich who requested the video tape of the field sobriety test from the State Attorney’s office, after reviewing the video tape attorney Rich found multiple inconsistencies between the video tape and the reports the arresting officer completed. Most notably the client appeared to pass two of the three test administered and the only issues with the third dealt with following instructions and not impairment. A letter was drafted and sent to State Attorney’s office pointing out the inaccurate reports of the officer. After reviewing the video the State Attorney offered to reduce the case to reckless driving with minimal sanctions.