,128 BAC reduced to reckless driving and owner dui dismissed.

My client was stopped for a traffic violation (no seatbelt), which the officer only issued a warning.  After speaking with the defendant, the officer noticed an odor of alcohol, poor performance on the HGN, and a few clues on the other remaining tests.  After being read the implied consent law, the defendant registered .128.

A plea to reckless driving was reached due to the fact that there was no poor driving and the field tests showed only a few clues.  The owner dui case was dismissed.  Case no. 06-102.