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Tampa Criminal Defense Attorneys - (813) 228-7095

Tampa DUI Charge is Dismissed Where Defendant Blows .215 and .197

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

August 27, 2007

By Will Hanlon

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Category: DUI

State v. N.; Judge: John N. Conrad; Date: August 27, 2007

FACTS: Law enforcement observed the client, a college student, traveling 65 mph in a 55 mph zone, and following other vehicles "too closely". The officer ultimately stopped the client's vehicle at I-275, south of Westshore Boulevard for suspicion of DUI. As he spoke to the defedant at the driver's side window the officer claimed to have smelled an odor of an alcoholic emanating from her breath. The DUI enforcement officer arrived on scene and noticed the defendant had bloodshot/glassy eyes, and was very unsteady on her feet. The defendant performed the field sobriety tests and performed poorly. A short time later she was arrested and transported to the county jail. Upon arrival she submitted to a breath alcohol test and registered a .215 and .197. The legal limit in Florida is .08.

DEFENSE: Despite the fact that the description of the driving pattern seemed terrible at first glance, further investigation led to information that explained her driving. We filed a motion to suppress all the evidence that emanated from the stop of the vehicle.

RESULT: The DUI charge was DISMISSED.

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