3rd DUI outside of 10 years.
On Thanksgiving day, our client drove to his grand daughter’s house. His Jaguar crashed into a truck that submerged in Payne’s Prairie, with only it roof sticking out. The five wet occupants were unable to identify our client due to being transported to UF Shands hospital. Our client exhibited multiple indicators of impairment, performed FSEs, but refused the breath test. The Prosecutor attempted to get medical blood, but we blocked the subpoena. Through negotiations with the prosecutor over the span of 10 months and presented un-filed motions to suppress, the prosecutor dismissed the charges due to lack of positive identification and other issues with the case.
Nolle Prosequi.