Our client was stopped for failing to yield at a stop sign to oncoming traffic. Law enforcement claimed that another vehicle had to take evasive action to avoid a crash with our client. Upon stopping, law enforcement noticed that our client had bloodshot eyes. No other indicators of impairment were mentioned. Our client was asked to complete Field Sobriety Exercises. Prior to completion of the exercises, our client informed law enforcement that he had recently had surgery on his back, and wouldn’t be able to perform the exercises appropriately. Instead of listening to this information, law enforcement had our client conduct the Standard Field Sobriety Exercises. He was then placed under arrest and charged with DUI.
After reviewing the evidence received, our attorney discussed the facts alleged by law enforcement. Our client provided information that his eyes are constantly bloodshot due to the type of contact lenses he wears, and even sent current photos to our attorney to utilize. With this information, the attorney reached out to the Office of the State Attorney to discuss a potential resolution of the case, given the weaknesses in the State’s case. As a result, our client resolved his DUI to the amended charge of Careless Driving, a civil ticket, instead of a criminal charge. Our client was able to avoid a criminal conviction on his record, and keep his license intact.