Claris Law Legal Blogging Community

Editor: Tampa Criminal Attorneys
Profession: Tampa Defense Attorneys

State v. C.G., Judge: James Dominguez

Facts: Our Client, a prominent local business owner, was pulled over a few blocks from his house under suspicion of DUI. After submitting to roadside field sobriety exercises, the client was arrested and transported to central breath testing at the Hillsborough County Jail. He later refused to take the breath test.
After reviewing all of the evidence in the case, we determined that there was very little evidence that our client was too impaired to drive safely. Due to the fact that the client refused the breath test, the evidence of impairment was limited to the officer's observations at the time of the arrest and the video of our client's performance on the field sobriety exercises. Although the officer reported that the client appeared to be clearly intoxicated, the video told a very different story. The client's demeanor and behavior was consistent with a person who was very tired, not drunk. His performance on the FSE's was not perfect, but it was far better than the officers report reflected.
Result: After setting the case for trial, the prosecutor reduced the charge to reckless driving and offered to withhold adjudication. The client was not convicted and his record was sealed.