Campbell District Court, Case No. 10-T-1172
Client was charged by Newport Police Department with Driving Under the Influence of Alcohol (DUI) in violation of KRS 189A.010, as a second offense within five years and with aggravating circumstances, namely a refusal. Client had two prior DUI convictions in life, one of which was within 5 years. Client was asked to perform several standardized field sobriety tests, which he refused and did perform two non standardized field sobriety tests, namely reciting the Alphabet in reverse order and finger to thumb exercise, both of which the officer noted that the client performed poorly or “failed”. Client refused to provide a breath sample. The matter was set for a motion to suppress, and on the morning of the hearing, counsel was able to work out a plea to a lesser charge of Reckless Driving, punishable by a fine only.