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Recent Posts in Repeat DUI Category

May 7, 2012

DUI Charge Reduced to Reckless Driving

2011 CT 011492 SC

Sarasota County

The Defendant was stopped for speeding and failing to maintain a single lane by the Sarasota County Sheriff’s Office.  Based upon the odor of alcohol and the failure to produce the proper insurance card for the vehicle a DUI investigation was begun.   The Defendant refused to perform any tests and was subsequently arrest for his third DUI.  Darren Finebloom closely scrutinized the case, set the case for trial  and on the morning of trial the State reduced the charge to reckless driving.

 

December 27, 2011

3rd time DUI and Battery on Law Enforcement Officer Dropped to Reckless Driving and Obstruction without Violence

Result: No Conviction
2011CF003700NC (SARASOTA)

The Defendant was investigated by law enforcement when they suspected he was in violation of his business purpose license for a pending DUI charge. When the officer began to speak with him he noticed the Defendant had an odor of alcohol, slurred speech and several other indicators of impairment. The Defendant admitted to drinking. The Deputy wanted to begin a DUI investigation of the Defendant of which the Defendant refused to cooperate and then began to resist being arrested. After a struggle and being tased by the Deputies the Defendant was taken into custody where he was charged with multiple felonies and another DUI. AnneMarie Rizzo was hired again by this client to defend his best interests. After a very intense and detailed investigation of the facts of the case, depositions and several meetings with the Prosecutor AnneMarie was able to expose the weaknesses of the case to the Prosecutor resulting in the DUI charges being reduced to a Reckless Driving and the felonies being dismissed.

December 27, 2011

3rd Time DUI WITH REFUSAL of BREATH TEST REDUCED TO RECKLESS DRIVING

Result: No Conviction
2010CT014955NC (SARASOTA)

The Defendant was stopped for failure to maintain a single lane on the interstate. When stopped by the police he was questioned about where he was coming from and how much he had to drink. The law enforcement officers stated they smelled a strong odor of alcohol coming from him and other signs of impairment. They asked him to perform field sobriety tests of which he performed. The Officer stated he did not do well on the tests and arrested him for DUI. Once at the jail the Defendant refused to submit to a breath test. After he was released from jail he immediately hired AnneMarie Rizzo. At this time AnneMarie took depositions and filed a motion to suppress the evidence in the case. At the motion hearing AnneMarie persuaded the prosecutor to reduce the charge to Reckless Driving.

December 21, 2011

Client Found Sleeping Behind the Wheel and Charged With a 2nd DUI Within 5 Years Has Charges Reduced to Reckless Driving

SEPTEMBER 2008

Case 5555-XAU

Charge: 2ND DUI WITHIN 5 YEARS

Result:  REDUCED TO RECKLESS DRIVING

Defendant was found asleep at the wheel on the shoulder of I-75. When paramedics and Florida Highway Patrol arrived, client’s car moved forward and came into contact with the rear of the ambulance. Defendant failed the field sobriety tests and refused to provide a breath sample. There was no video surveillance of the field sobriety tests. With a prior offense within 5 years, defendant was facing a 5 year driver’s license revocation. Knowing his client’s need to drive, Stephen Higgins convinced the state attorney to reduce the charge to a Reckless Driving.

December 21, 2011

Client Charged With a 2nd DUI Offense Has Charged Reduced

September 2009

Case 0655-XDY

Charge: 2ND OFFENSE DUI

Result: REDUCED TO RECKLESS

Defendant was observed driving on Dale Mabry and proceeded to stop too late and skidded into the intersection of Dale Mabry and Hamilton. When the light turned green, the defendant was observed to have accelerated at a high rate of speed. Deputies stopped defendant and requested that he perform field sobriety excercises, which he failed. At Pre-Trial, Tampa DUI lawyer Stephen Higgins presented inconsistencies to the state attorney contained within the police report as well as photographic evidence of the intersection where defendant was stopped. Depsite having a prior offense, the charge was reduced to a Reckless Driving.

December 21, 2011

Client Facing Jail Time and a 5 Year License Suspension for a 2nd DUI Within 5 Years Has Charges Reduced with No DUI Conviction

Case 3437-XDY, Judge Huey

Charge: 2nd DUI OFFENSE in 5 YEARS

Result: NO CONVICTION

Defendant was stopped for speeding 75 in a 60 MPH zone.  Deputies smelled the odor of alcohol on defendant’s breath and requested that he perform field sobriety exercises, which he failed. Post Miranda, defendant admitted that he felt the effect of alcohol and that he should not have been driving.  Despite this damaging evidence and a prior offense within 5 years, Stephen Higgins was able to get the charge amended to a Reckless Driving, saving client from jail and a 5 year driver’s license revocation.

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