Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

Category: Recent Wins

State v. C, Judge: Tom Barber; Date: March 15, 2007

FACTS: The client (defendant) was stopped by a trooper for traveling 97 mph in a 65 mph zone on the Howard Franklin Bridge. As the trooper contacted the defendant he noticed he was disoriented and mumbling, with a strong odor of an alcoholic beverage on his breath. When the client exited his vehicle he was unsteady and stumbling. The client believed he was heading to St. Pete when he was actually headed towards Tampa. The defendant was asked to perform Field Sobriety Tests, and failed, according to the trooper. There was no video of the defendant's performance of the field sobriety tests at the scene. Ultimately, the defendant refused to submit to a breath test.

DEFENSE: The video of the defendant at the Orient Road Jail contradicted the trooper's description of him at the scene. In addition, we were able to supply evidence to the State that the defendant was new to the area, and unfamiliar with the roads. It is also important to point out that the client's refusal of the breath test did not weaken the state's case. The State has the ability to argue that the defendant refused, "... because he knew he was intoxicated". However, in this particular situation we were able to provide the State with a reasonable explanation for the refusal.

RESULT: The State dropped the DUI.