4307-XGA – Hillsborough County – November 2012
Charge: DUI, 2nd within 5
Result: Reckless Driving
Defendant was stopped for driving too slow and using his blinker without turning. Officers followed him for several minutes noting that his driving pattern was erratic and pulled him over. The DUI officer requested that he perform Field Sobriety Exercises which, according to the officer he failed. After being arrested, defendant refused the breath test. During negotiations with the state attorney, Stephen Higgins argued that video evidence was nonexistent regarding the field sobriety exercises and that the stop was questionable. Ultimately, the charge was reduced to Reckless Driving saving the defendant from a five year driver’s license restriction and jail time.
