Recent Hernando County DUI Results

Case 1: DUI Dropped to Reckless Driving

Brooksville, Hernando County. A driver on prescription Xanax pulled in front of a Hernando County Deputy patrol car and, according to police, almost caused an accident near downtown Brooksville.

The 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.

The officer arrests our client for DUI on prescription medication. The client was taken to the police station, blew .000/.000, and then submitted to a urine test.

The Law Offices of Whittel & Melton immediately challenge the validity of the arrest and the DUI investigation. Our objection focused on 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 charge was dropped; pleaded to Reckless Driving.

Case 2: DUI Dismissed Due to Unlawful Blood Test

Case 2: DUI Dismissed Due to Unlawful Blood Test

Brooksville, Hernando County. A driver in Spring Hill pulls in front of the client on a motorcycle. Our client crashes into a vehicle and is rushed to hospital.

FHP attempted to conduct a blood test. However, the Hospital would not allow it because of the client’s condition. FHP arrests the client for DUI and—despite the client’s physical inability to submit to or refuse a blood test—marks the case as a refusal, thus jeopardizing the client’s 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 Whittel & Melton immediately contest both the DHSMV refusal Suspension and the DUI arrest, mainly focusing on the admissibility of the Refusal and the alleged Blood Test. Ultimately, the suspension was invalidated, and the blood test was never admitted as evidence.

The result of the DUI case was that it was dismissed.

Please note that this page is still under construction. More Results to Come…

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