HIGH LEVEL SECURITY CLEARANCE - DUI AND REFUAL
May 01, 2013OUTCOME: DUI reduced to Reckless Driving; Refusal Dismissed; Remaining charge dismissed.
Client owns company designed to do business with federal government concerning "sensitive" matters. He was charged with DUI and Refusal. He was lawfully pulled over for committing a traffic infractio ... n. Then, he was asked to exit the vehicle and perform FSTs. While he did not pass the FSTs with flying colors, he didn't do all that bad. FSTs are difficult anyway, especially when you add nervousness into the equation. Unfortunately, he submitted to the PBT and he was .16. The officer arrested my client where he later refused to submit to the EC/IR2 breath test at the police station. I immediately contacted FST experts. Actually, I contacted three (3) and received three written opinions on the officer's actions. After a thorough consultation with my client, we decided to hire one specific expert to fly to Virginia to testify. Before actually hiring the expert though, I contacted the Commonwealth Attorney's Office and indicated I need a continuance because "my expert" was unavailable that day. During the same phone conversation with the prosecutor, the following offer was made: DUI REDUCED TO RECKLESS DRIVING. No jail time. Restricted License for 6 months with NO IGNITION INTERLOCK. Client to complete 75 hours of community service and DID NOT have to take the ASAP class. REFUSAL: DISMISSED Remaining traffic offense: Dismissed