January 2013 – Single mom avoids Tampa DUI conviction

Tampa DUI lawyer Elliott Wilcox helps single mom avoid a DUI conviction.

Tampa DUI lawyer Elliott Wilcox was able to negotiate the case so that the client avoided a DUI conviction

Quick summary of the Tampa DUI case: Client was a single mom who finally got a night to relax, and she went out with her friends for a few drinks and dancing. Unfortunately, she was stopped for driving with an expired tag (hint: always keep your registration information up-to-date… otherwise, you give the police a “freebie” to stop your car) on the way home. The DUI investigation was conducted by several members of the Tampa Police Department DUI Unit, who asked her to perform the walk-and-turn and one-leg stand exercises. (Not easy to do if you’re wearing high heels!) She got upset with the police officer and didn’t want to perform any of the field sobriety exercises, but after the officer told her she’d be arrested for DUI if she refused, she agreed to perform the horizontal gaze nystagmus. Afterward, she decided she didn’t want to do any more, and refused to do any further exercises or to take the breath test.

DUI defense: I prepared motions to suppress and was ready to argue that the DUI arrest was improper, but after filing the motions, the prosecutor re-examined the case and decided to offer a Reckless Driving plea offer instead. (That’s why we always prepare motions to suppress and prepare the case for trial.)

Results: The prosecutor agreed to reduce the Tampa DUI to a Reckless Driving offense. The client was able to avoid a Hillsborough DUI conviction.

How this helps your Tampa DUI case: If you’ve been arrested for a DUI in Hillsborough County and you refused to do some or all of the field sobriety exercises, I may be able to convince the prosecutor that you shouldn’t be convicted of a DUI. There are minor issues in the request for FST’s that may make a critical difference in getting some of the evidence suppressed, which will improve your chances for success at trial. But unless you hire an experienced Tampa DUI attorney who is willing to prepare motions to suppress evidence and prepare the DUI case for jury trial, you may not be able to avoid a DUI conviction.

If you were arrested for DUI, no matter how bad the case looks, don’t ever plead guilty without first talking to a Tampa DUI lawyer. There may even be a way that can get your charges dismissed, but you’ll never know unless you fight your charges by talking to a Tampa DUI attorney. Please call me at (855) THE-DUI-GUY (855-843-3844) TODAY to discuss how I can help.