May 22, 2019
State vs. SB
SB, a sixty-two (62) year old out-of-state resident was visiting his family in Pinellas County when he was arrested on April 13, 2019 for Child Neglect and Driving Under the Influence. Attorney Anthony Rickman worked with the State and successfully mitigated both charges from being filed against Mr. SB.
On April 13, 2019 (the day of the accident), Mr. SB left his family’s residence with his granddaughter to get donuts. Mr.SB experienced a blackout that resulted in his vehicle leaving its lane and traveling on the wrong side of the road. After being stopped by law enforcement and evaluated by EMS, a DUI investigation was conducted. During the investigation, Mr. SB submitted to a breath test which revealed a BAC of .000. Additionally, Mr. SB submitted to a voluntary blood test.
Mr. SB was arrested for DUI pending blood results and Child Neglect. After his release from custody, SB still felt the effects of the medical condition which predicated the alleged offense and so he went to the hospital where it was determined that he suffered from Type 2 Diabetes. As indicated in medical literature undiagnosed and untreated diabetes may cause blackouts and other symptoms commonly mistaken for alcohol and drug related impairment.
Attorney Anthony Rickman, through the thorough examination and presentation of these facts to the State, convinced the State to not file charges against SB resulting in a No File on the Child Neglect arrest and a Nolle Prosse on the Driving Under the Influence arrest.