Destin DUI Reduced To Reckless Driving
Posted on Tuesday, February 17th, 2015 at 5:53 pm
DUI cases in Destin are complex. There is a long checklist of potential legal issues that we look at in every DUI case in order to effectively defend our clients. Sometimes, we focus on the traffic stop. Other times, it might be the Field Sobriety Tests. In this case, we focused on the urine testing that our client was subjected to.
D.O. was charged with DUI in Destin, Florida. The police pulled him over because they claimed he was weaving all over the road. They didn’t smell alcohol, but they still made him do Field Sobriety Tests. He felt like he did well on the tests, but he was arrested anyway and charged with DUI.
After he was arrested, the police told him to provide a sample of his urine to be tested for the presence of alcohol or controlled substances. Because he wanted to cooperate, D.O. consented to the urine test. The results came back indicating the presence of several controlled substances.
There are numerous problems with the way the Florida Department of Law Enforcement analyzes and interprets urine samples. Based on some of those problems, we filed a Motion to Suppress seeking to have the results kept out of evidence.
The Motion to Suppress was set for a hearing. After reviewing our Motion, the prosecutor offered to allow our client to enter a plea to a reduced charge of Reckless Driving.
These decisions are tough because on the one hand, we felt like we had a very good chance of winning the Motion to Suppress. On the other hand, there was other evidence in the case that was not favorable for our client, including his driving pattern. We knew that even if we were successful in the Motion, it was not a sure thing we would win the case at trial.
We met with our client and explained the pros and cons of each option. We told him that it was his decision either way. In the end, he decided to take the sure thing and accepted the plea to the reduced charge.
If we didn’t have the reputation that we have with the local prosecutors and Judges, we would not have been given the option of a reduced charge. That reputation allowed us to secure a result for our client that made him very happy.