Charges Reduced
DUI Amended to Reckless Driving
The client was charged with Aggravated DUI 2nd Offense. Before conducting the traffic stop, the officer observed the client swerving in and out of their lane. The client admitted to having “a couple of drinks.” During the standard field sobriety tests, the client displayed multiple signs of impairment. At the county jail, the client took a breathalyzer test, registering a BAC of .185, which qualifies as an aggravated level in Kentucky. However, upon reviewing the jail camera footage, our team identified several violations of the proper procedures for administering the breathalyzer. We filed a motion to exclude the test result, and the prosecutor did not contest the procedural violations. As a result, the court suppressed the breath test evidence. Without this key evidence, the Commonwealth reduced the charge from Aggravated DUI 2nd Offense to Reckless Driving. This resolution spared our client 14 days in jail, an 18-month license suspension, and the stigma of a DUI 2nd Offense conviction.