DUI REDUCED TO RECKLESS – NO ADJUDICATION!! (JULY 2008)
Defendant was stooped for weaving. He later performed Field Sobriety Exercises and failed. At the jail, he provided breath samples of .130 and .135. After receiving the video, Stephen Higgins prepared a motion to suppress based on the stop of defendant’s vehicle arguing that it did not rise to the level of weaving to indicate impairment defined in case law. The state attorney was forced to reduce the charge from a DUI to a Reckless Driving and withhold adjudication despite the level of defendant’s breath sample. (Ref. No. 0197-XCO)
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