Case Results - State vs. LW

Result: DUI reduced to Reckless Driving

LW was pulled over weaving in and out of her lane on Kennedy Boulevard and stopping beyond a stop bar. Upon a left hand turn, she was alleged to have nearly hit a center median. Upon contact with the officer LW was alleged to have bloodshot watery eyes, and a strong odor of alcohol on her breath. LW was alleged to have lost her balance as she made her turn in the walk and turn test in combination with failing to touch heel to toe as she walked down the line. She was alleged to have swayed while performing the one leg stand and was noted to put her foot on the ground twice. After her noted poor performance on field sobriety exercises, LW refused to take the breath test. After review of Field Sobriety Exercise video, Pinellas DUI Attorney Jason Mayberry pointed out to the State the driving pattern was easily explained as a young woman lost in an area she was not familiar with, which in fact was the case. At no time was it evident from the video that LW failed to touch heel to toe. This was pointed out to the State as an excellent cross examination point for trial. The State was also made aware that LW was standing barefoot on a gravel strewn parking lot on a windy night while performing the one leg stand. By focusing on the weaknesses in the State’s evidence, Jason Mayberry got a RECKLESS DRIVING downcharge for LW with minimum sanctions and no court imposed driver’s license loss.