Practice Area:DUI / DWI
Outcome:Reckless Driving $400 fine and DUI School
Description:Defendant was involved in a single motorcycle accident. He was life flighted to a hospital following the accident. A state patrol officer was called to investigate the wreck. When he arrived the Defendant was not on the scene. He radioed to another State patrol officer who met Defendant at the hospital read him the implied consent and drew blood. The results came back well above the legal limit. At the motion to suppress hearing, the State could not establish a time of driving, or probable cause to ask Defendant to take a blood test. The judge excluded the test result and without it, the State would have had a difficult if not impossible time prosecuting Defendant for a dui. Thus, the State offered a reckless driving, and defendant accepted the offer. Defendant does a decent amount of travelling and the reckless driving will allow him to continue driving in other states without any problems. This was a great result given a very tough set of facts.