Failed Sobriety Exercises, Breath Sample Below .08 – Reduced to Reckless Driving
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.
DRIVER MADE A WIDE LEFT TURN, SWERVED AND ALMOST HIT THE CURB, FAILED SOBRIETY EXERCISES AND PROVIDED BREATH SAMPLE BELOW .08
RESULT: CHARGES REDUCED TO RECKLESS DRIVING
FACTS: At 9:38 p.m., the defendant was observed making an improper left turn to eastbound on SW 152 Street (Coral Reef Drive), and soon thereafter, drifted to the left and into the inner lane almost hitting the left curb. Miami-Dade police observed this unusual behavior, and stopped the driver. After asking for his driver’s license, registration, and insurance, police noticed he had a long blank stare, and had to be asked once again for his registration. The defendant had bloodshot and watery eyes, slurred speech, and a strong odor of an unknown alcoholic beverage coming from his breath. After being placed under arrest, the defendant provided a breath sample of a BAC below the limit of .08 (.072). The defendant also failed to perform to standard and displayed Nystagmus prior to 45* during the Horizontal Gaze Nystagmus test, and was not able to complete the Romberg balance test due to lack of balance.
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