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Case Results

Case No.: 2007CT034067, Palm Beach County

Allegations: DUI: My client is alleged to have driven for about 300 yards with her right-side tires on the grass swale adjacent to the roadway after leaving a restaurant. She smelled of alcohol, had bloodshot/glassy eyes, and admitted to drinking alcohol. Her speech was slurred and she kept trying to grab her cell phone from the officer. She refused to participate in roadside sobriety tests and was arrested. At the police station, she was offered a breath test and refused. However, she immediately rescinded her refusal and agreed to take the breath test. The officer already wrote her for a ‘refusal to take the breath test' and wouldn't allow her to take the test.

Results: At the hearing on my motion to suppress, I was able to establish that my client legally rescinded her refusal to take the breath test, so the Judge granted the motion to suppress evidence of the ‘refusal to take the breath test.' The state attorney then offered my client the reduced charge of ‘reckless driving,' which she accepted. She was not convicted of DUI and her license was never suspended.