BASIC FACTS: Police respond to a call from a cell phone caller who reports a one-car accident on a state highway in Hillsborough County. Trooper responds to scene and finds the defendant’s truck smashed into a tree. The defendant’s truck was totally damaged beyond repair. The defendant explained to the trooper that he swerved to avoid a deer and smashed into the tree. The trooper smelled an odor of alcohol and noticed the defendant was slurring his speech.

The defendant was bleeding from the head, nose and mouth from the impact of the crash. The inside of his truck was bloody. The officer then conducted a series of “field sobriety tests” on the defendant. The defendant “failed” a “horizontal gaze nystagmus” (“HGN”) test, a “Romberg” balance test, and a finger counting test. The defendant was ordered to recite the alphabet from the letter “D” through the letter “Q”. The defendant started at “D” but only made it to “E” before quitting the alphabet test.

The defendant admitted to drinking one beer.

The defendant was arrested for driving while intoxicated (DWI) subsequent offense. The defendant refused to submit to any breath test or blood test.

DEFENSE: Actual innocence.

ALS HEARING RESULT: The state sought a 2-year administrative license suspension (ALS) because the defendant had refused to submit to a breath test for a second DWI offense. After a hearing at the Department of Safety, the defendant’s breath test refusal suspension was rescinded (reversed), because the state had failed to prove the elements of “public way” and “impairment by alcohol”. The defendant’s right to drive was restored pending trial.

TRIAL RESULT: The state presented the testimony of the two troopers that investigated the case and who conducted the field sobriety tests. After trial, the defendant was found NOT GUILTY of this DWI charge. He left the courthouse a free man with the right to drive.

Attorney Stevens thanks God for this successful defense!