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CHARGES REDUCED: Failure to Maintaine Lane - Mediocre Field Tests - Refusal: Pleaded to Reckless Driving

Monday, November 26, 2012

Client allegedly crossed over lanes and ran onto the curb, then proceeded to swerve back onto the roadway and straddle the center lane line. The client was pulled over and when the officer approached the vehicle he noticed a strong odor of alcohol. The officer notified a DUI Unit Officer to meet him for a possible DUI. The officer then had the client step out of the vehicle and asked him how much he had had to drink. The client initially responded that he didn't drink, but later said he drank one beer earlier in the evening. He consented to field sobriety tests.

During the Horizontal Gaze Nystagmus test (eye test), the officer noted that our client's eyes were bloodshot and glazed over. The officer recognized 4 of 6 clues of impairment in the eye test. Our client showed 3 of 8 clues on the walk and turn test – he broke his standing position while instructions were being administered and missed heel to toe on the first and sixth step. On the one leg stand test our client showed 2 of 4 clues – he put his foot down on the second count and did not hold his foot more than six inches off the ground during the test. The client blew into a preliminary hand-held breath test which showed a .121 BAC, though the numerical result is not admissible in court. He was arrested and refused any further testing.

Client was charged with DUI alcohol less safe and failure to maintain lane. It was his 2nd DUI in five years. After reviewing the video it was clear that the Client was not as impaired as alleged by the officer in his report. A plea deal with reduced charges was reached with a plea to Reckless Driving and a dismissal of the DUI charges. The client plead to reckless driving and received a sentence of a fine, 12 months probation, 40 hours of community service, DUI School and a Drug and Alcohol Evaluation with any recommended treatment.





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