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DISCLAIMER: Please note that every case is different and these verdicts and settlements, while accurate, do not represent what we may obtain for you in your case.

DUI Charge Reduced

A Richmond, Virginia man charged with DUI near Fort Lee avoided the charge when questions were raised about the propriety of the Field Sobriety Tests that formed the basis for the probable cause for arrest.

The man was stopped for speeding 48/35 after leaving a club at Fort Lee, Virginia, near Petersburg. Having detected the "odor of alcohol" (BTW, alcohol has no odor), the officer asked the man to perform two of the standard Field Sobriety Tests (FSTs), the Walk and Turn, and the One-Leg Stand. These tests are recommended as "reliable" indicators of impairment by the National Highway Transportation Safety Administration (NHTSA), and are standard operating procedure for most police departments in suspected DUI cases.

However, the officer was unaware that NHTSA did not recommend these tests on certain individuals, specifically here, persons who are 50 pounds or more overweight. Our client was almost 65 pounds overweight, and therefore should not have been asked to perform either of these tests. Therefore, the results were unreliable and jeopardized the probable cause for what followed.

In negotiations with the Commonwealth prior to trial, we agreed to a reduction of the charge to Reckless Driving, with a reduced fine and a 6-month license suspension (as opposed to one year if convicted of DUI), with liberal retricted license privileges to permit him to go to and from work and continue visitation with his children.

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