A Broward Circuit Court Judge who was arrested for DUI several months ago has resolved her case.
The State Attorney’s Office offered a plea of a breakdown to reckless driving with 3 months of administrative probation, community service, and drug counseling.
The DUI occurred when the Judge allegedly crashed into a police car near the entrance to the courthouse.
While a breath test measured a reading of .00, the judge was believed to be under the influence of drugs. The Judge refused a urine test.
As it turned out, the Judge had apparently taken too much of the prescription sleep aid Ambien the night before. The drug, which is noted for its effectiveness, had not worn off when she went to work the morning of her DUI arrest.
However, since Ambien is not a controlled substance under Florida Statute 893, she could not legally be charged with DUI. Reckless driving was the appropriate charge.
The Judge received a withhold of adjudication, which means that she has not been convicted of the offense.
In any DUI case, a breakdown to reckless driving is a good result because there is no mandatory driver’s license suspension. Any plea to DUI requires some period of a driver’s license suspension.
Eric Matheny is a DUI attorney representing clients in Miami and Broward.