Soldiers Military Clearance Hindered for Failure to Appear in Court on DUI Charge; Warrant Issued

The Charges

Our client was pulled over for driving without headlights, which led to a DUI investigation. When the officer approached the vehicle he observed a strong odor of alcohol, however, the driver’s speech was not slurred. Our client participated in the field sobriety tests and performed poorly. He blew a .17% on the breath test. The client was arrested and charged with DUI. He was later arrested on an outstanding warrant for failure to appear in court. He contacted our office to resolve the case as it was causing issues with his Security Clearance with the United States Military.

Field Sobriety Tests in Florida

In Florida, most police officers use three standard tests in order to determine if a person is under the influence of alcohol. These tests include the walk and turn, the one-leg stand, and the horizontal gaze nystagmus. Police officers could also use other tests, such as reciting the alphabet backward, the finger to nose test, or a counting test.   

There are many reasons why a person would fail a field sobriety test. The pavement on the ground could be uneven or weather could have caused icy or slick conditions. If a person is nervous, it could be difficult for them to process and retain the instructions given by the officer. If a person has a physical impairment, they could also fail the field sobriety test. Age will often play a factor in whether a person can pass a field sobriety test as well. Women may also have special considerations that could make successful completion of the tests more difficult as well. People that are overweight are more apt to fail the test than those that are not overweight. 

People who are sober have even had trouble completing field sobriety testing, so if you fail such testing you need to seek legal counsel as soon as possible. 

Musca Law Firm

If you have been pulled over for a DUI, please call Musca Law Firm at (888) 484-5057 today. We offer a free initial consultation to determine if we are the right fit for your case. We are confident that we will be. 

Our lawyers have over 150 years of combined legal experience. We have successfully handled many DUI cases and will fight tooth and nail for your rights. We will develop a strong and strategic defense and will expose the weakness of the prosecution.  

Please call us today as we look forward to serving you!

RESULTS: During negotiations, the state offered the minimum sanctions, but were convinced that they could apply the sanctions from the current date instead of the earlier date, where the fines were lower and did not require probation. The Musca Law attorney informed the court of his intent to file a motion to stay as the client was stationed overseas. Instead of staying procedure, the court decided that DUI sanctions were close to impossible to complete while stationed abroad during wartime. The State accepted these terms and the result was NO DUI CONVICTION!