DUI REDUCED TO RECKLESS DRIVING (AUGUST 2008)
Defendant was stopped for speeding and stopping abruptly at a red light. The stopping officer noticed a strong odor of alcohol coming from defendant’s breath and asked him to perform field sobriety exercises. Despite an adequate performance on the walk and turn and raised leg tests, defendant was arrested. He later refused to provide a breath sample. Based on the lack of evidence indicating impairment, either in defendant’s driving pattern or breath sample, Stephen Higgins was able to get the charge reduced to a Reckless Driving. (Ref. No. 1118-XCG)
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