Brooksville, Hernando County – Driver on prescription Xanax pulls in front of Hernando County Deputy patrol car, and according to police, almost caused an accident near downtown Brooksville. Driver is asked to perform roadside or physical sobriety exercises. Driver performs poorly on tests but denies drinking earlier in the day. Our client tries to explain to the officer that he does not drink and merely takes medication for anxiety. Officer arrests our client for DUI on prescription medication. Client is taken to the police station and blows .000/.000 and then submits to a urine test. The Law Offices of Jason M Melton immediately challenge the validity of the arrest and the DUI investigation. The focus of our objection was the training and education of the officer who administered the roadside or physical sobriety tests as well as the grounds he had to request such tests from our client. After further review of the discovery in the matter, the lawyers negotiated with the State Attorney’s Office.

RESULT: DUI Dropped; plead to Reckless Driving.

Brooksville, Hernando County – Driver in Spring Hill pulls in front of client on motorcycle. Our client crashes into vehicle and is rushed to hospital. FHP attempts to conduct a blood test, however the Hospital would not allow it due to the condition of the client. FHP arrests the client for DUI and—despite client’s physical inability to submit to or refuse a blood test—marks the case as a Refusal, thus jeopardizing clients driving privileges.After being flown from Spring Hill to a hospital in Tampa, the client then has his blood taken by the hospital. The Law Offices of Jason M Melton immediately contest both the Refusal Suspension by DHSMV and the DUI arrest – especially focusing on the admissibility of both the Refusal and the alleged Blood Test. Ultimately the Suspension was invalidated and the Blood Test was never admitted into evidence.

RESULT: DUI DISMISSED

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