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Recent Posts in Breath Test CategoryMay 7, 2012
DUI Charge Amended to Reckless Driving7061-XEF Defendant was driving the wrong way on a one way street in South Tampa. Defendant admitted to coming from Drynk, a local bar and consented to perform Field Sobriety Exercises which he failed. He was arrested, taken to the Central Breath Testing at Orient Road Jail and provided breath samples of .167 and .174. Prior to trial, Stephen Higgins was able to get the charge amended to a Reckless Driving. December 27, 2011
DUI REDUCED TO RECKLESS DRIVINGResult: No Conviction The Defendant was investigated by law enforcement after he was seen throwing up out of the drivers side of his car, while it was running, in a parking garage after a Wine Festival. The Defendant was then requested to perform field sobriety tests of which he did not perform well. He was then arrested and provided a breath sample over the legal limit. After being arrested the Defendant contacted the Law Firm of Finebloom and Haenel. David Haenel and AnneMarie Rizzo requested all the evidence in the case and poked holes in the strengths of the State’s case. The State Attorney’s office initially refused to give their client a deal but after a detailed description of the weaknesses of the State’s case they ultimately amended the charge to a Reckless Driving. December 27, 2011
DUI with BREATH TEST OVER .08 Reduced to Reckless DrivingResult: No Conviction The Defendant was stopped for multiple traffic infractions. When the Deputy made contact with him he noticed signs of impairment. The Deputy called for a member of the DUI task force to further investigate. The DUI deputy asked the Defendant to do field sobriety tests. He performed these tests. The Deputy arrested him for DUI stating he did not perform well on the tests. After he was arrested the Deputy asked him for a breath test and he provided two unlawful samples. AnneMarie Rizzo relentlessly fought for her client. After many negotiations with the Prosecutor AnneMarie got the charges reduced to a Reckless Driving with no formal conviction. December 27, 2011
DUI with BREATH TEST OVER LEGAL LIMIT DROPPED TO RECKLESS DRIVINGResult: No Conviction The Defendant was out at a local bar and was seen by law enforcement leaving the bar under the influence. The officer then saw the Defendant driving by and waiving at him. He then went to his patrol car to try to catch up to the Defendant’s vehicle. After he caught up to the vehicle and observed it swerving he stopped the car. At that time the person in the driver’s seat of the car was not the same person that had drove by and waived. The officer then called for a DUI traffic deputy to investigate. At this time he informed the Deputy he felt they switched seats. The Defendant then was asked to perform field sobriety tests and admitted to driving before the stop. She then was arrested and taken to jail where she gave a breath test over the limit. AnneMarie Rizzo was hired and began to investigate the case. After poking holes in the State’s case and arguing a motion to exclude evidence AnneMarie successfully had the charge reduced to a Reckless Driving.
December 27, 2011
DUI WITH .136 and .147 Breath Test results REDUCED TO RECKLESS DRIVINGResult: No Conviction The Defendant was stopped for speeding and cutting off traffic. The Deputy that stopped her described her has being smashed and called for a DUI investigator. The Deputy noticed her to have a strong odor of alcohol coming from her, blank look about her face, glassy eyes and slurred speech. The Defendant performed the field sobriety tests and was arrested for DUI. After she was arrested she gave to breath test samples over a .08. OnceDavid Haenel and AnneMarie Rizzo were hired to defend her case she took sworn testimony from the Officers and gather evidence to support her client’s defense. Additionally, AnneMarie was able to successfully prevent the State from being able to use the breath test samples against her client on two separate legal grounds. AnneMarie was able to show the Prosecutor the weaknesses in the case and convinced him to reduce the charge to Reckless Driving with no formal conviction on her client’s record. December 27, 2011
DUI WITH .195 and .184 BREATH TEST REDUCED TO RECKLESS DRIVINGResult: No Conviction The Defendant was stopped by a Deputy for speeding. When the Deputy approached the Defendant he noticed him to have bloodshot eyes, slurred speech and an odor of alcohol coming from him. He also stated the Defendant’s coordination was poor. After the Deputy made these initial observations he had him he requested a DUI unit to come to administer field sobriety tests. After the field sobriety tests the Defendant was arrested for DUI. At the jail the Defendant provided two breath samples with results over double the legal limit. The team at Finebloom and Haenel,David Haenel,Darren Finebloom, and AnneMarie Rizzo worked together to show multiple perspectives on the problems with the State’s case and got the breath test results thrown out. After intense negotiations and litigating the case for 2 years AnneMarie Rizzo convinced the State Attorney to reduced the charge to Reckless Driving. December 27, 2011
DUI with breath test of .147 and .152 Reduced to Reckless DrivingResult: No Conviction The Defendant was stopped for speeding by a DUI traffic Deputy. When she was stopped the Deputy state she noticed her to have an order of alcohol, blood shot and watery eyes. The Deputy had her perform field sobriety tests of which she felt she did not perform well. The Defendant hired AnneMarie Rizzo to fight her DUI. AnneMarie investigated the case, filed motions to keep the breath test results from being used against her client and presented to the Prosecutor the several reasons to drop the DUI charge to Reckless Driving. After two years of fighting AnneMarie was successful. AnneMarie’s client didn’t even receive a formal conviction.
December 27, 2011
DUI with .137 and .127 Breath Test REDUCED TO RECKLESS DRIVINGResult: No Conviction The Defendant was stopped for running a stop sign and speeding. When the Deputy contacted him he observed indicators of impairment such as odor of alcohol and bloodshot watery eyes. The Deputy asked the Defendant to perform field sobriety tests. The officer believed the Defendant to be under the influence and arrested him. The Defendant was then taken to jail where he provided 2 breath samples over the legal limit.. The Defendant immediately contacted AnneMarie Rizzo who began a thorough investigation of the case. AnneMarie Rizzo challenged the breath test machine and ultimately prevented the State from being able to use those results against her client After a long hard fight the week of trial AnneMarie was to get the charge reduced to Reckless Driving. December 21, 2011
Client Involved in an Accident with a BAC of .163 has all Charges DimissedDUI DROPPED! December 21, 2011
DUI Charge Reduced to Reckless No ConvictionDUI AMENDED TO RECKLESS DRIVING – NO CONVICTION (APRIL 2009) |
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Copyright 2012.
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