DUI REDUCED TO RECKLESS DRIVING – BREATH SAMPLE OF .166! (NOVEMBER 2008)
Defendant was traveling westbound on Kennedy near Armenia Ave. in Tampa at which time he was observed by a Tampa DUI officer weaving within his lane. On video obtained by defense counsel, defendant was seen weaving and crossing the lane markers. During the field sobriety exercises, defendant stepped off the line during the heel-to-toe (walk and turn) test and counted incorrectly. Defendant was unable to perform the one legged stand. At the jail, defendant provided a breath sample more than twice the legal limit (.166). On the eve of trial, Stephen Higgins negotiated with the state to get the charge reduced to a Reckless Driving and because Stephen was able to win the administrative hearing, defendant never went without driving throughout the entire case! (Ref No. 0848-XAM)
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