Case Results - State vs. DF

Result: DUI reduced to CARELESS DRIVING civil infraction

DF was driving home in Pasco County where he was pulled over for speeding, going 61 mph in a 45 mph zone. The Officer documented bloodshot watery eyes, slurred speech when DF spoke, and a strong odor of alcohol coupled with other impairment indicators. DF showed signs on impairment when field sobriety exercises were performed. Client also showed 6 clues of impairment when the Horizontal Gaze Nystagmus (HGN) test was performed. HGN is a test that shows involuntary muscle action and can’t be practiced or faked. After his arrest, DF took a breath test and blew .029. After his breath test DF made an admission to smoking marijuana previously. When the drug test results came back negative from the Florida Department of Law Enforcement, the State offered a Reckless Driving with full probation sanctions. Jason Mayberry strongly advised his client to set the case for trial unless the State offered only a CIVIL TRAFFIC INFRACTION of careless driving as opposed to criminal Reckless Driving. Upon a subsequent conversation with the State, Jason Mayberry relayed his stance on this issue and demanded a CARELESS DRIVING down charge. Ultimately, the State realizing the weakness of their case, offered the CIVIL INFRACTION of careless driving and Jason Mayberry’s client plead to a Civil traffic infraction as opposed to his originally charged DUI.