Below is one of our current case results for a client charged with a DUI in Tampa:
Client charged with DUI in PINELLAS COUNTY after driving with his headlights off and on the wrong side of the road. Client showed all six signs of impairment on the Horizontal Gaze Nystagmus test and then subsequently refused to participate in further field sobriety exercises and the breath test. It was noted that the client acted irrationally, yelling at the Officers. After thoroughly investigating this case, setting the case for trial, and filing a complex Motion in Limine to prevent the State from using the Horizontal Gaze Nystagmus test at trial, Jason Mayberry was able to negotiate a limited penalty Reckless Driving down-charge. Pinellas County is notoriously one of the most difficult counties in Florida to get a Reckless Driving down-charge in.
February 9th, 2009 - 5:15 pm
There was a recent Illinois case where they threw out the eye test for lack of a Frye hearing.
February 25th, 2009 - 7:58 am
p.s. People v. McKown 226 Ill. 2d 245, 875 N.E.2d 1029 (2007)