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Our client was driving in Tempe and was pulled over for speeding.  He was traveling 50 miles per hour in a 35 mile per hour zone.  The officer activated his lights however, the client passed a couple of opportunities to pull over.  The client made an admission to consuming two beers.  Additionally, it was alleged that the client had bloodshot watery eyes, flushed face, slurred speech, circular sway, and a portable breath test of.111.

On the Horizontal Gaze Nystagmus (HGN) test, the client exhibited six out of six clues.  On the walk and turn test, the client exhibited four out of eight clues, on the one-leg stand test client exhibited two out of five clues.

The officer arrested the client and the client submitted to a breath test.  The results were a .127 on the first blow and a .127 on the second blow.  

During the interview with the officer, the officer asked the client to place his level of impairment on a scale of 1 to 10.  1 was perfectly sober and 10 was falling down drunk.  The client said three to four when pulled over and two to three now. 

The prosecution made an offer for the client to plead guilty to DUI impaired to the slightest degree and as a result, the DUI over a .08, speeding, no insurance, and no registration would be dismissed.  Instead of accepting the plea, we set the case to trial.  After the case was set to trial the prosecutor made a new offer for the client to plead guilty to reckless driving and all of the other charges would be dismissed.  The client entered the plea to Reckless Driving.

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