Boone District Court, Case No. 09-T-13887
Client was charged by Florence Police Department with driving outside of marked lanes in violation of KRS 189.300, after a crash, Careless Operation in violation of KRS 189.290 and Driving Under the Influence of Alcohol (DUI) in violation of KRS 189A.010(5B), after submitting to a breath test and testing .171 BAC. Client was asked to perform several standardized field sobriety tests, namely the Horizontal Gaze Nystagmus (HGN) test, the One Leg Stand test and the Walk and Turn Test, as well as several non standardized field sobriety tests, namely reciting the Alphabet in reverse order, and counting in reverse order, all of which the officer noted that the client performed poorly or “failed”. This was the Client’s 2nd offense within 5 years. Counsel filed an application to have the prior conviction not used for enhancement purposes, as the client was unrepresented by counsel. The application motion was set for hearing, and Counsel was able to negotiate a plea to a 1st offense DUI, with minimum sentence, saving Client at least 8 months of mandatory driver’s license suspension.