Our Client Blew .000, But There Were Six Different Drugs in his System. Case Reduced to Reckless Driving with No Conviction.
We were prepared for trial in a case where our client had .000 alcohol in his system, but the police were so certain that he was impaired that they demanded a urine sample. The urine sample came back with a finding of six different controlled substances in it.
The case was a bit of an embarrassment for the police who loudly insisted throughout the arrest video that they could smell alcohol on our client's breath. But he had no alcohol in his system. He had drunk one beer about three hours earlier.
The problem was the various controlled substances found in his system, including Nordiazepam, Temazepam, Oxazepam, Dihydrocodeine, Hydrocodone and Hydroxy-THC, a metabolite of marijuana.
We got the marijuana metabolite excluded from evidence, as it stays in your system for weeks, and is non-impairing anyway. The other five substances are all metabolites of our client's prescription medication. And since all that was found was metabolites, that meant that he was being truthful when he told them that he hadn't taken his medication on the day of his arrest. This was enough to convince the Assistant State Attorney that he didn't want to try this case.
So the charge was reduced to reckless driving and adjudication was withheld. (Which for all practical purposes, means "not guilty.")
Practice area(s): DUI / DWI
Court: Sarasota County Court