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DUI Reduced To Reckless Driving After Motion To Suppress .163 Blood Draw (Pinellas County)
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Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys
Category: DUI
State v. M; Judge: William Overton
The Client was involved in an accident after he failed to brake at a stoplight. The passenger in the other vehicle was pregnant. After admittng he had been drinking to police officers he was transported to Ed White Hospital in St. Petersburg. In an all out effort to collect evidence of DUI from our client the police ended up coercing a blood draw. The blood draw indicated he was over twice the legal limit, but the officers methods triggered us to file a motion to suppress. Further investigation of the facts set out in the motion resulted in reduction of the DUI charge to reckless driving. The blood draw revealed that the client's blood alcohol was .163 and .161. The "implied consent" law is applied differently when law enforcement draws blood from a DUI suspect as opposed to requesting a breath sample. Intense investigation of this case, and numerous depositions brought about a reduction of the DUI charge when the Tampa DUI attorneys exposed the inconsistent statements made by the Pinellas County Sheriff's deputies.
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