The Defendant was driving his car when the vehicle he was operating crashed head on into a tree. The defendant crossed into the opposing lane of traffic and struck the tree with no tire marks on the road. Fire rescue was attending to the Defendant and they indicated that he told them he had been drinking. The Defendant was taken to the hospital where the officer met him. He admitted he was with friends and drank 4-5 beers. He smelled like alcohol and consented to a blood draw upon request from the officer. The results came back with a blood alcohol level of .235 and .234 (almost 3 times the legal limit). A medical blood was also taken from the Defendant which yielded approximately the same results. The Firm took depositions of all of the state witnesses including the officers involved, medics and nurses. After a 2 hour hearing, the judge assigned to the case agreed with the Firm that the legal blood would not be admissible in court should the case proceed to trial. Furthermore, the Firm pointed out problems with the case on the day before the trial regarding the medical blood. The State of Florida dismissed the charges for DUI the day before the trial after almost two years of the firm vigorously fighting for our client.
DUI & Criminal Division
