3rd degree felony, punishable by up to 5 years in prison plus fines), use of a motor vehicle in commission of a felony, a person under the age of 21 operating a vehicle with a blood alcohol level of 0.02% or higher, and illegal window tint. Two hours after the wreck, Bollea's blood alcohol content was 0.055%. Police believed that Nick Bollea and Danny Jacobs were speeding "in excess of in the posted zone" on the wet road prior to the crash and both were charged with reckless driving. Eyewitnesses claimed the cars were racing. The official police report says that the two cars were racing, but that Jacobs' actions were not a direct cause of the crash. Prior to the trial, Bollea's lawyer said that the crash was not the result of speeding, emphasizing that Bollea was wearing a seatbelt and Graziano was not. Bollea's lawyer released a store's surveillance video from earlier in the day which he claimed could disprove the police report that Bollea was driving at least 50% faster than the posted speed limit. The Graziano family denied rumors of a civil suit, but later the Graziano family lawyers suggested a civil suit against the Bolleas to pay for Graziano's lifetime medical care. Incarceration On May 9, 2008, Bollea entered a no contest plea and was sentenced to eight months in Pinellas County Jail. The sentence also called for Bollea to serve five years of probation, 500 community service hours, and his driver's license was suspended for three years. After a public records request, Pinellas County Sheriff's Office released audio tapes of Bollea's jail phone conversation from his overnight incarceration several months earlier. The conversation included Bollea saying that crash victim John Graziano was a "negative person." The press was critical of the excerpts blaming the crash victim. Bollea later sued the Pinellas County Sheriff's Office for releasing the tapes of his phone conversations. Bollea was separated from the general jail population because he was a minor. His attorneys asked for reconsideration of his sentence, seeking temporary house arrest until he was 18 years old. On June 3, 2008, the motion was denied. Soon after, Bollea was moved to join three other juvenile inmates. On July 27 (his 18th birthday), he was moved to Pinellas County Jail general population. On October 21, 2008, Bollea was released from the Pinellas County Jail due to "good time" credit