Client Charged with DUI Blows a .158 Receives No Conviction Due to Lack of Probable Cause for the Stop of Her Vehicle

April 14, 2010

Case Number 7565-XEF – Judge Lefler

Charge: DUI


Defendant was stopped for traveling over the solid white bar at a pedestrian cross walk.  The defendant was then observed driving straight in a right turn only lane.  Tampa Police Officers smelled an odor of alcohol on her breath and she failed field sobriety exercises.  At Central Breath Testing at the Orient Road Jail, defendant provided a breath sample of .158.  Stephen Higgins argued that there was lack of probable cause for the stop of her vehicle, and despite the breath sample, kept his client from being convicted of a DUI.

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