The defendant was a passenger in a vehicle that was pulled over by Florida Highway Patrol in St. Lucie County. The driver admitted to the trooper that his driver’s license was suspended. The trooper arrested the defendant for Permitting an Unauthorized Person to Drive claiming the defendant admitted to knowing the driver did not have a valid license but let him drive because she was tired. Defense Counsel immediately demanded a trial. At trial, Defense Counsel cross examined the trooper and was able to show the trooper made material assertions at trial that were not included in his sworn affidavit. Additionally it was established the trooper never investigated who the vehicle actually belonged to; therefore the prosecutor was unable to prove an essential element of the charge – that our client possessed ownership, dominion or control over the vehicle. The Judge dismissed all charges in the middle of trial, prior to Defense Counsel even putting on his evidence. The judge found the prosecutor failed to establish all the necessary elements to proceed further. Our client was found to be NOT GUILTY.
DUI & Criminal Division
