Driving under the Influence [Refusal] (Hillsborough - 18-CT-002XXX)
Sep 14, 2018OUTCOME: Reduced to Reckless Driving
Client stopped for weaving and wide turn in South Tampa. Officer detained client to conduct field sobriety exercises. HGN was performed in an unsafe location (a busy on-ramp late at night, close to mov ... ing vehicles). Whenever there is another source of light / stimuli passing through the test-subject's field of vision, the Officer's HGN exercise is flawed due to the risk of optokinetic nystagmus. Client performed the walk and turn with ease and no notable signs of impairment on the video, despite the Officer indicating otherwise in the report. One leg stand only showed one clue of impairment on the video, but Client went for 30 seconds (which is nearly impossible for an impaired individual to do, according to Southern California Research Institute's findings). After being arrested and transported to Central Breath Testing, Client refused to provide a breath sample.
