Driving home from a late night gathering with friends, Monroe County Deputies noticed our client was driving below the speed limit. He was traveling approximately 45mph in a 55mph zone. Deputies also felt his vehicle was swaying from side to side. Upon conducting a traffic stop, they noticed the driver's eyes were glassy, his speech was slightly slurred, and an odor of alcoholic beverages. At the request of the officers, the driver agreed to perform Standardized Field Sobriety Testing.
The Deputies were of the opinion he swayed while performing the tests. Based on the driving pattern observed, the odor of alcohol, his physical appearance, and his performance on the sobriety tests, the Deputies believed the driver was impaired by alcohol. The driver was transported to the Key West DUI room for further processing. After a twenty minute observation, the defendant gave two breath samples of .085 and .080. The defendant was booked at Monroe County Jail for Driving Under the Influence, under Florida Statute 316.193(1).
The seasoned Miami DUI attorneys at Musca Law provide aggressive defense strategies for our clients. We investigate every aspect of the charges our client face to make sure fair results are achieved. In this case, we were able to successfully challenge the results of the breathalyzer and its accuracy. After reviewing video of the sobriety testing, we disagreed with the deputy's opinion of our client's performance. We presented a strong argument on his behalf and challenged the evidence the State had against him.
After numerous attempts to negotiate this case, the State finally agreed to reduce the charge to Reckless Driving, with a Withhold of Adjudication. This meant that our client did not get convicted, or have 4 points assessed to his driver's license. We also had further success in winning the formal hearing review with the Department of Motor Vehicles for our client. The Hearing Officer determined that there was insufficient evidence to support law enforcement officers had probable cause to believe our client was driving under the influence. Our client's license was never suspended. Experience Counts!
