After a discussion with the State Attorney related to the legal issues in the case and the fantastic mitigation Mary had completed since arrest, the offer on the case went from: DUI, 10 days in jail, 12 months probation, 12 months driver’s license suspension, a breathalyzer for 12 months, and much more, to DUI dropped to a Reckless Driving with 0 day jail, 6 months probation, no Driver’s License suspension, and no breathalyzer. The State Attorney remedied the case via a breakdown of the DUI to reckless driving.
Mary J. was worried that her outcome would be much worse since this was her second arrest for DUI within 5 years.
In the State of Florida to be found guilty of DUI, the State needs to prove that you were under the influence of alcohol while either driving or being in actual physical control of the vehicle. When an officer doesn’t actually see you ‘driving’ the car on the road then the only other way you can be legally charged with DUI is if you were found to be in “Actual Physical Control.” In March, Mary was arrested for her second DUI within 5 years in Fort Lauderdale. When the officer arrived on the scene, he observed the front two tires of the car to be so flat that the rims were touching the floor. In fact, photos of the scene show one tire entirely off of the car and a spare-tire taken out for replacement. During the crash investigation, in this case, it was concluded that the damage had rendered the vehicle “inoperable” by one witness
At the DMV hearing, the arresting officer was questioned about the case intently by Manny. Manny asked him a flurry of poignant questions related to our defense. The officer admitted to never seeing the defendant driving the car. The officer admitted to never seeing the vehicle in movement on a roadway. The officer admitted to finding the vehicle in the condition depicted in the pictures. The officer admitted that such a vehicle could be considered inoperable – but he would not 100% commit to whether he thought the car was inoperable or not. Nevertheless, it was a victory. Adam took the officer’s testimony from the DMV Hearing and evidence to the State Attorney.
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Rossen Law Firm’s legal team understands what’s at stake when you’re charged with a crime in South Florida. We’re committed to defending you and protecting your rights. Our legal team is ready to create a customized strategy for your case to fight for the best possible outcome. We handle Criminal, DUI, Federal, Domestic Violence, Marchman Act & Baker Act cases, and more.
Rossen Law Firm