Case Results - State vs. ECF

Result: DUI reduced to Reckless Driving

Defendant was pulled over for drifting in and out of his lane in an erratic manner as an officer followed his vehicle for a mile suspecting DUI. Upon contact between the Deputy and the Defendant, it was immediately noticed that Defendant smelled of a strong odor of alcohol, had slurred speech, was delayed in his response to the Deputy, and had difficulty exiting the vehicle. Defendant perform Field Sobriety Exercises in a very poor manner, falling out of position on the walk and turn during the instructional phase, had much difficulty understanding those instructions, and missed heel to toe on several steps. During the one leg stand, Defendant put his foot down on the count of 9, 11, 12 and attempted to proceed until he was finally stopped by the Deputy for fear that he would fall and injure himself. Defendant missed his nose on every attempt during the finger to nose exercise and generally looked impaired and confused as the video zoomed in on his face. Based on these signs of impairment, Defendant was arrested for DUI. After entry of the jail Defendant refused the breath test. Jason Mayberry recognized a language barrier during his own consult with the Defendant and relayed that to the Prosecutor. Mayberry further called attention to such language barrier on the video between the client and the Deputy. Furthermore, no effort was made by the Deputy to call in a Spanish speaking deputy to ensure clear communication. Based on this defense to poor Field Sobriety performance, Jason Mayberry got a RECKLESS DRIVING downcharge for his client with no further DUI statute mandated driver’s license suspension.