NAPLES, Fla., Oct. 2 /PRNewswire/ -- DUI Dismissal - Client was arrested for DUI after failing Field Sobriety Exercises. Attorneys of Musca Law argued that the drug recognition expert never submitted a report. The State dismissed the charges.

A Florida Sheriff's Office was dispatched regarding a hazardous driver. The vehicle was moving at a slow speed and was impeding traffic. A traffic stop was conducted, where it was observed by the arresting officer that the driver was disorientated, had slurred speech and that the vehicle had damage to the front driver's side.

The officer administered the Standard Field Sobriety exercises on the driver, where the driver failed the performance exercises. The driver stepped off line several times, used her hand for balance, and stopped twice during the walk and turn exercise. The driver also showed signs of Horizontal Gaze including Nystagmus (GN), Vertical Gaze Nystagmus (VGN), and was unable to follow the stimulus pen.

Based on the results of these Standard Field Sobriety tests, the driver was placed under arrest for Operating a Vehicle Under the Influence of a Intoxicant under Florida law 316-193 (1). During transport to the county jail the driver was unable to stay awake.

Due to the inability of the client to pass the field exercises, a drug recognition expert was requested by the officer. After the drug recognition expert's observations and evaluation, it was believed that the driver was under the influence of a CNS Depressant which slows down normal brain functions. CNS Depressants are commonly used in the treatment of anxiety and sleep disorders.

The Attorneys of Musca Law advised the State that their client had been visiting a friend, where she had complained of a headache. The client had asked for an aspirin, and in return received a Xanax which was unbeknown to the client. The most common side effects of Xanax are fatigue and coordination problems. Attorneys argued that after repeated requests, the drug recognition expert failed at submitting his report and evaluation results, and never advised if there was a urine sample taken. This left the State with no option but to dismiss the charges.

If you have been charged with a DUI in Florida, you should know your rights and retain an experienced and skilled defense lawyer to evaluate your case. Penalties for Driving Under the Influence are very serious and can include jail time, hefty fines and a lengthy driver's license suspension. Attorneys of Musca Law provide aggressive criminal law representation, with the knowledge, dedication and experience needed to defend your case. Protect yourself by contacting Musca Law today!

SOURCE Musca Law

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