DUI with Property Damage
A DUI with property damage carries certain enhanced penalties that are required under law. Our Attorneys firmly believe that an enhanced DUI must be aggressively defended early in the case to minimize the penalties the prosecutor may seek.
Enhanced Penalties With DUI with Property Damage
Prosecutors treat DUI’s with accidents entirely different that standard DUI’s. A typical question from a prosecutor upon initial plea negotiations is, “Did he hit anyone?”. This is not surprising, as the law requires enhanced penalties when property is damaged, including up to a year in jail and a 1K fine. A first DUI without property damage, by contrast, is punishable by only half the jail and half the fine.
Potential Defenses in DUI with Property Damage
While the charge may be more serious than a regular DUI charge, a winning defense can mean no conviction for our client. Common defenses in DUI with Property damage include:
Accident Report Privilege
A bread and butter defense in DUI with Property Damage or DUI with Accident cases. The accident report privilige is not so much a defense but a way to exclude admissions or statements made by a defendant that made be used to otherwise prove guilt. The heart of the matter is this: Public policy of the State of Florida is that we want people to be open and give information in an accident situation. To promote this public interest, any statements made pursuant to an accident investigation are priviliged. that means the statements cannot be used against you.
To clear the privilege, the investigating officer must do two things: First, he must inform the client that he is switching his investigation from an accident investigation to a criminal investigation. Secondly, after State v. Star, the officer must read Miranda. If the officer fails to do either of these, then the Statements made will likely be tossed out of court.
All Shook Up Defense
Many of the Police Officer’s Field Sobriety Exercises can have false positives as a result of the participant having been involved in an injury. The finger to nose, heel to toe, and one legged stand may be performed in a substandard manner not because of alcohol intoxication but because of being shook up from the accident. In some cases, a hit to the head can causer these severe reactions, including vomiting and unconsciousness. how the officer handles the potential for injury is important in the case, and especially in front of the Jury. Christian Denmon, a DUI attorney with the firm, has utilized this defense successfully in trial on multiple occasions.
HGN, or the “eye test” , can be compromised as well as a result of trauma to the head.
No Wheel Witness Defense
Shockingly, the most overlooked defense in accident cases. Shocking, because it is the easiest to present and the most difficult for the State to Defense. The prosecution must be able to put the accused behind the wheel at the time of driving. Mere ownership of the vehicle alone is not enough to survive a request for the Judge to dismiss the case at trial. Oftentimes the State Attorney will list alleged eye witnesses to a crash. Yet surprisingly, we find after a thorough investigation that these witnesses are not going to testify to the same facts alleged in the prosecution’s police reports.
Many cases hinge on the confessions or admissions of the accused. In these case, getting the Judge to toss out an statements made in accordance with the accident report privilege defense above is critical.
Contact an experienced DUI Attorney Today to Discuss Your Case
Call Denmon & Denmon Trial lawyers today to set up a free no-obligation consultation at 813-554-3232. Ask to speak to one of our DUI Attorneys. Your initial consultation is free.
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