Facts:
My client is in his mid-twenties. He was at a public park in his car. Based on his driving, other people in the park got worried, suspected that he was impaired, and called the police. When the police arrived, they found that he had been drinking and had marijuana on him. He was arrested and taken to the Pinellas County jail. He was given the chance to provide a breath sample, but he refused to blow. He was charged with three misdemeanors—DUI, refusal to submit to a breath test, and possession of marijuana.
The Case:
When my client contacted me, I learned that he had just had a DUI two years before. I knew that there was going to be mandatory jail time. I also knew that the judge on his case was going to be very difficult because she does not like refusal charges.
I told my client that he needed to be proactive. He had a CAM monitor on his ankle, and I told him he needed that on for at least 90 days (we had it removed at 90). I also had him do DUI school, counseling, AA meetings, a Victim Impact Panel, and he impounded his car in advance. He also got a very nice letter from his employer about how good of an employee he was. He did a great job, but I still knew that the judge and the prosecutor were going to come after him.
The Result:
The prosecutor wanted him to do at least 90 days in jail. I approached the bench and explained everything to the judge. I pitched his age and the fact that he had learned his lesson. I explained that he was going to get the message whether it was 30 days or 90 days in jail. She agreed to give him 30 days in jail. My client was satisfied with the result and hopefully, is on the right track. He’ll wind up doing about three weeks of actual jail time with his credit for time served and good behavior and gain time.
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