DUI REFUSAL REDUCED TO RECKLESS DRIVING AND POSSESSION OF MARIJUANA DISMISSED
2009MM003789NC
The Defendant was stopped for traveling at a high rate of speed and swerving in and out of his lane. When the Defendant was approached by law enforcement officers they immediately noticed an odor of alcohol, bloodshot watery eyes and very slurred speech. The Deputies asked the Defendant to step out of the vehicle and noticed that the Defendant was unsteady on his feet when he was standing and walking. The Deputies asked the Defendant to perform field sobriety exercises. The Defendant did the eye test (also known as horizontal gaze nystagmus), the walk and turn exercise, and the one leg stand exercise. After performing the exercises the Deputies arrested the Defendant. During the search of the Defendant’s person and vehicle the Deputies found marijuana in his possession. After the Defendant’s arrest the Deputies requested the Defendant to give a breath test. The Defendant refused to give a breath test. AnneMarie Rizzo quickly began to gather evidence in support of her client’s defense. AnneMarie took depositions and filed a motion to suppress the marijuana. The Judge granted the motion to suppress and the marijuana charge was ultimately dismissed. At the administrative DMV hearing AnneMarie also convinced the DMV to invalidate her client’s license suspension and won his license back. AnneMarie set the case for trial. The week before trial the Prosecutor agreed to drop the DUI to a Reckless Driving. The Defendant never went without a license and also received a withhold of adjudication meaning he wasn’t convicted of any offense.
