Our client had a prior DUI conviction six years before he picked up a new DUI charge. A second DUI conviction would have made it difficult for him to keep his job. While most prosecutors are not willing to make deals on second Offense DUI cases, Attorney Joe Easton was able to find a legal flaw in the manner in which our client was pulled over for and successfully persuaded the prosecutor to amend the charge to Reckless driving.

Our client went out boating when a Florida Fish and Wildlife Officer pulled him over. He was asked to do non-traditional FSE’s. The Officer failed to ask him if his medical conditions prevented him from conducting the FSE’s. At the motion to suppress, the Judge agreed that the State failed to show that probable cause establish that our client was too impaired to operate his boat. After the Court granted our motion, the State dismissed all charges.

After a brief speeding investigation, officers requested that our client conduct FSE’s. During the FSE’s, they informed officers that he had a medical condition and needed to urinate. Not only did they refuse to allow him to use the bathroom for an hour and a half, but he was informed that if he had an accident in the squad car, he would get an additional criminal charge. The State agreed to DISMISS the charge without going forward to trial.