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12XXXXXXXX10A NO JAIL, DESPITE SCORING MANDATORY PRISON

The Facts

Case #: 12XXXXXXXX10A NO JAIL, DESPITE SCORING MANDATORY PRISON

Charges

The Results

The Defendant crashed his vehicle into 2 other vehicles on I-95. When police arrived, the Defendant’s vehicle was pushed up against the concrete barrier. The Defendant started to walk away from the area when the police arrived. He was ordered back to the area of his car to keep him on scene, as well as to maintain his safety as there were other cars on the highway. He then attempted to climb over the barricade in an apparent attempt to escape. The officer noticed the strong smell of alcohol on his breath. The officer ran his license and determined that it had been permanently revoked for multiple prior DUI’s. The Defendant was arrested for a number of charges, including DUI with Injury while License Habitually Revoked. This was his 5th DUI charge. He agreed to submit to a breath test and the result was almost twice the legal limit. A half empty bottle of vodka was found in his car. Under Florida’s sentencing guidelines, he was scoring mandatory prison time and was looking at up to 25 years in prison. The attorney for the firm investigated all aspects of the case thoroughly. He came up with a comprehensive treatment plan for the Defendant. Ultimately, the attorney for the firm filed and successively argued a motion to the Judge to permit an alternative sentence to prison. Despite the Defendant having 4 prior DUI’s, the Judge granted the motion and did not give the Defendant any prison time.