JANUARY 12, 2009: RESULTS: DUI REDUCED TO RECKLESS DRIVING
January 12, 2009 On August 16th, 2008 the Client was stopped by a Boca Raton Police Officer for having a rear light not working. This officer noticed "possible" signs of impairment and called another officer to the scene to do the DUI investigation. It took 29 minutes for the second officer to arrive to begin the DUI investigation. When the other officer did arrive he had the Client perform the usual Field Sobriety Exercises (FST's) and noted poor performance on all. The Client was transported to the Breath Alcohol Testing Center (BAT center) at Gun Club were he submitted a sample of his breath for analysis. The readings were .171. and .174. He was charged with DUI.
On October 24th, 2008 following the Formal Review Hearing, the Department of Motor Vehicles agreed that there was insufficient evidence to support the administrative suspension of the Client's License. Result: Client got his license back.
Then, in the criminal case my office filed a Motion to Suppress arguing that the Client was detained far longer than was reasonable under the circumstances. The case law supported our arguments and the Prosecutor agreed to drop the DUI down to Reckless Driving.
(Palm Beach County Case No. 2008CT028731ASB, Judge Marx)