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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys

Category: DUI

State v. H; Judge: Lawrence Lefler

FACTS: The client was charged with DUI. He suffered from depression and consumed a large quantity of Ambien (sleep drug) in an attempt to kill himself. He was observed driving his vehicle on west Cypress Street when his white infiniti drove off an embankment and into a ditch. When police arrived they found the client with his foot on the accelerator while the tires continued to spin. The officers ordered the client to stop the car and exit the vehicle. According to the officers the client picked up a knife, and refused to get out of the car. He eventually exited the vehicle, and attempted to perform field sobriety tests. It was obvious that the client was impaired by Ambien, and was unable to drive.

DEFENSE: Florida Statute 316.193 states that, "A person is guilty of the offense of driving under the influence...if the person is driving or in actual physical control of a vehicle within the state and:

(a)The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or an substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired...

Ambien is not a controlled substance under 877.111 or chapter 893. We filed a motion to dismiss, and the State Attorney agreed to dismiss the DUI. The State attempted to amend the charge to reckless drivinng. Ultimately, the State was unable to bring forth the witnesses to prove the defendant was driving in "willful and wanton disregard for the safety of others" and the reckless driving charge was dismissed also.

RESULT: Both criminal charges of DUI and reckless driving were dismissed.

If you would like to learn more about DUI link to tampadefenseattorneys.com.