Campbell District Court, Case No. 08-T-08177
Client was charged by Wilder Police Department with speeding in violation of KRS 189.390, driving outside of marked lanes in violation of KRS 189.300 and Driving Under the Influence of Alcohol (DUI) in violation of KRS 189A.010. 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”. Client refused to provide a breath sample. After reviewing the video and directing the Commonwealth to matters which contradicted the officer’s written notes, counsel was able to work out a plea to a lesser charge of Reckless Driving, punishable by a fine only. Counsel had scheduled and was prepared to go forward with a Jury Trial.