Case Results - State vs. TH

Result: DUI reduced to Reckless Driving

TH was pulled over for speeding. Upon making contact, the Deputy indicated TH had an odor of alcohol, bloodshot watery eyes, and slurred speech. TH submitted to Field Sobriety Exercises where it was noted that he performed poorly, showing signs of impairment after the Horizontal Gaze Nystagmus exercise was performed. During the walk and turn TH failed to maintain his balance, stopped on the line to steady himself, didn’t touch heel to toe as required during the walk, used his arms for balance and lost ultimately his balance while making his turn. TH lost his balance in the one leg stand and put his foot down once during the 30 second test period. Based on his poor performance, TH was arrested and subsequently blew a .095 and .091 when he took the breath test at the jail. Pinellas DUI lawyer Jason Mayberry got TH’s case amended to a RECKLESS DRIVING downcharge with no driver’s license suspension ordered by the court by by citing all the things TH did correctly during field sobriety exercises. Mayberry also brought to the State Attorney’s attention what the Deputy did incorrectly, things that would surely give rise to a motion to suppress. TH had prior DUI and reckless driving downcharges from incidents in the past that weighed heavily against him as the State evaluated the case.