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

Category: DUI

State v. M; Judge: John N. Conrad; Date: May 1, 2007

FACTS: The client was a very respected school teacher in one of our county school systems. She was observed weaving in and out of her own lane, and traveling 60 MPH in a 40 MPH zone. The officer conducted a traffic stop at Kennedy and Howard, and noticed our client had a distinct odor of alcoholic beverage. The officer also noticed that the client had watery, bloodshot eyes. Before performing the Field Sobriety Tests she was asked whether she had anything to drink. According to the officer she initially denied having any alcohol, but then admitted to having one drink post-miranda. The defendant was prepared to perform the walk and turn test when she asked the officer if she could have an attorney. The officer told her that she was not entitled to an attorney at that time. Ultimately, the client refused to perform the Field Sobriety Tests, and was arrested for DUI. After arriving at Central Breath Testing she was asked to submit to a breathalyzer test. The defendant refused that test also.

DEFENSE:: The offense occurred on January 21, 2007. The weather that night was particularly windy and cold. The defendant was not wearing the proper clothing and ended up shivering uncontrollably outside her car. While the Field Sobriety Tests appear very simple and straight forward to most people, they can be very difficult to perform in bad weather. For instance, before you begin to perform the walk-and-turn test you are asked to stand heal to to without moving, as the officer reads you the instructions. This is extremely difficult when you are shaking from the cold. Many times an officer will get upset if you decide not to perform the field sobriety tests. The reason for that is simple. You are refusing to give him the evidence he wants to prove your guilt. When our client refused to perform the Field Sobriety Tests without a lawyer, it created friction between the client and the officer. This friction led to the defendant refusing to submit to the breathalyzer also.

This chain of events is not uncommon. People refuse to perform the Field Sobriety Tests, and the breathalyzer for many different reasons. In this case, we were able to persuade the State Attorney that the defendant's refusal was justified under the circumstances.

RESULT: The client's DUI was reduced to a reckless driving, and she received a withhold of adjudication, and court costs. A withhold means that the client was able to avoid a conviction on the reckless driving charge and she received no points on her driving record.