2012 CT 004794 NC (Sarasota County)
Result: DUI Reduced to Reckless Driving & Adjudication was Withheld
Defendant was stopped for speeding by a Sarasota Sheriff’s Department DUI unit deputy, who is also a trained drug recognition expert. Deputy noted signs of intoxication and requested driver perform field sobriety tests, which she did not perform to his satisfaction. Driver was arrested and attempted to provide breath samples at the jail to measure alcohol content. The Intoxilyzer 8000 machine showed “Volume Not Met” error messages, and the officer conducting the test accused the defendant of intentionally manipulating the machine, deeming the failed test a refusal. Attorney AnneMarie Rizzo conducted her own investigation of the stop and, based on her findings, filed a motion with the court to suppress the evidence in the case. After intense negotiations, State Attorney’s office agreed to reduce the DUI charge to reckless driving, withholding adjudication and not requiring probation.