Second DUI Dropped to Reckless Driving

In a recent case handled by Thomas & Paulk, our client was charged with driving under the influence with a prior DUI on his record. The client was found asleep in his vehicle in the roadway and officers with the Zephyrhills Police Department spoke to him and noticed the odor of alcohol on his breath. Officers then decided to conduct a DUI investigation of the client. The officers had the client perform field sobriety exercises and noticed multiple signs of impairment. The client was arrested for DUI and refused a breath test.

In reviewing the video of the arrest, our firm found several problems with the officer's investigation. First, the officer did not read our client his Miranda rights prior to the field sobriety exercises. Second, the Officer incorrectly read Florida's implied consent warning to our client. We filed a motion to suppress the statements made by our client prior to Miranda and the refusal of the breath test. The Office of the State Attorney reviewed our motion and determined they were likely to lose a portion of their evidence against our client. Based on this, the State agreed to drop the DUI case to a reckless driving charge. This allowed our client to avoid a second DUI conviction and the harsh penalties that he was facing.

It is very important that a competent Tampa criminal attorney reviews all the evidence against you when you are facing criminal charges. Many times people may feel that the evidence against them is overwhelming and that they cannot fight their case. It is important to remember that evidence can only be used against you if it is admissible in court. If you have been charged with a crime your first call should be to a Tampa criminal lawyer from our firm so that we can review the evidence against you and discuss your options.