Elizabeth Scott, a former FBI agent charged with driving under the influence and eluding police, is seeking to complete a program that would help her avoid a conviction.
An attorney for Scott, 37, asked a judge on Monday to allow her to do a pretrial intervention program. It would last for six to 18 months and if completed successfully, charges against Scott would be dropped.
Judge W. Douglas Baird granted a continuance in the case until Nov. 4.
But Bruce Bartlett, chief assistant at the State Attorney's Office in Clearwater, said a pretrial intervention is not an option for Scott because she faces traffic-related offenses.
"It's not even something that would be of consideration," Bartlett said. "Bottom line is she's not going to get (pretrial intervention)."
According to Bartlett, the prosecutor handling the case on Monday should have put a stop to the request for a pretrial intervention, but failed to recognize it was not an option.
Bill Burgess, the prosecuting attorney who initially investigated Scott's case, said defense attorney John McAvoy called him to ask if the there were any objections to the defense applying for the pretrial intervention.
"He called me some time ago and asked me about it and I didn't see any problem with it _ if he didn't make the request he'd be remiss," Burgess said, but noted that the final decision lies with the State Attorney's Office.
McAvoy declined to comment.
On July 17, police said they found Scott stopped at a Clearwater traffic light asleep behind the wheel of her car. Officers said they tapped on the car window, awaking Scott, who appeared startled and refused to roll down her window.
Scott drove away. Officers followed her for four blocks until she stopped at a red light. Police said Scott had a blood alcohol level of 0.183 _ more than twice the level that Florida law presumes impairment. She was charged with eluding and fleeing police, a felony, and DUI, a misdemeanor.