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Tampa DUI With .15 Breath Result is Dropped
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Editor: Will Hanlon & Charlie Lambert
Profession: Tampa Defense Attorneys
Category: DUI
State v. B; Date: July 30, 2007
FACTS: The defendant (client) was driving southbound on North Palm Drive in Tampa when a Tampa Police Officer noticed that her headlights were off. The officer activated his emergency equipment and attempted to pull the vehicle over. As she pulled into a parking space the vehicle went up and over a curb. The officer noticed that the client's eyes were bloodshot and glassy. He also noticed that she had a odor of alcohol emanating from her breath. During questioning the defendant admitted having a few drinks, and said she was the "soberest" one in the car.
The client then agreed to perform a number of field sobriety tests, which she failed. After she was arrested she was transported to Central Breath Testing at the Orient Road Jail. She agreed to submit to a breath test which indicated .152 and .137.
DEFENSE: We filed a Motion to Suppress the stop of the defendant's vehicle which led to negotiations with the State. The client's breath result was very high, but that breath result has no bearing or relevance to the issues surrounding the stop of someone's vehicle for DUI. No matter how ugly you might think the facts of your case are it is crucial that you retain an experienced attorney to represent you. Without an experienced attorney this particular case would of probably had a much different result.
RESULT: The State agreed to drop the DUI.
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