• Warrant for Worthless Check Fixed and Case Dismissed

Second Time DUI Reduced to Careless Driving

By |2024-04-10T18:11:33-04:00April 10th, 2024|Categories: Success Stories|Tags: , , |

Facts:
My client was visiting a friend in St. Petersburg. It was not a wild night and they were just hanging out. On the way back home to Tampa, a Florida Highway Patrol Trooper was finishing up a stop on I-275. My client did not move over or slow down to the required speed. As a result, the Trooper stopped him for a violation of Florida’s Move Over Law.

My client admitted to having a couple of drinks, so the Trooper began a DUI investigation. He claimed that my client had an odor of alcohol, bloodshot, watery, and glassy eyes. My client refused to perform the field sobriety tests and was arrested. He was taken to the Pinellas County Jail and bonded out.

But, he blew a .39, which was below the legal limit! So, the Trooper took a urine sample. My client’s driver’s license was not suspended.

The Case:
I was hired and my client disclosed that he had a prior DUI from a few years before. While that was going to be an issue, I knew that the whole case was going to come down to what was in his urine. Comically, I also reviewed the police reports that were completely vague and written in a way that the Trooper was clearly trying to make a case out of nothing. In my opinion, the Trooper knew that he messed up when my client blew half the legal limit.

After about 6 weeks, the urine lab test came back and it was clean. I immediately sent a letter to the chief prosecutor in charge of all DUIs in Pinellas County asking him to look into this wrongful arrest. He responded the next day and amended the DUI to a civil infraction of careless driving.

The Result:
My client never had to go to court. I went to court for him and resolved the DUI case for careless driving. He only had to pay a fine of $166. He was thrilled with the result.

Sean McQuaid