Case No.: 07008397MM10A, Broward County
Allegations: DUI: My client is alleged to have run a red light in Coconut Creek. She smelled of alcohol and had red/watery eyes. According to the arresting officer, she was unsteady on her feet, performed poorly on the roadside tests, and was arrested. A second officer arrived just before the arresting officer was finished with his investigation and conducted the HGN (eye movement) test. Although he had a camera in his car, he chose not to turn it on because, due to the late stage of the investigation by the first officer, “it would have been frivolous” to turn it on at that point. My client was transported to the Coconut Creek police department where she met yet another officer who offered her a breath test. She refused citing a lack of trust in the accuracy of the Intoxilyzer.
Results: The state agreed to change the charge to Reckless Driving. The DUI ‘went away' and the Judge withheld adjudication. My client avoided a conviction completely, and had only to complete 50 hours of community service and pay a fine.