16**739

Our client was pulled over for speeding when the officer detected signs of impairment. The officer asked whether our client had been drinking and our client admitted to having drank beer earlier that evening. The officer asked our client to step out of his vehicle and perform field sobriety exercises. Our client agreed and in the officer’s opinion our client failed to perform the exercises to his satisfaction. Our client was arrested and taken to the police station where he was asked to give a breath sample. Our client refused the breath sample and was charged with DUI (his 3rd such offense), Refusal to Provide a Breath Sample (his 2nd such offense) and Driving While License Suspended. Through our investigation and trial preparation, we were able to detect several problems with the police’s investigation and as a result rejected all attempts by the State to resolve this case prior to trial. However, the Sunday before Monday’s trial the State contacted us and again attempted to negotiate a plea bargain. We informed the State that we would only accept a reduction from DUI to Reckless Driving and a dismissal of both the Refusal and Driving While License Suspended charges based on the problems we had identified. The State agreed to our offer.