An officer observed an aggressive driver straddling a lane marker, accelerating rapidly, turning abruptly, and then almost hitting a light pole. The officer stopped the driver and smelled alcohol on his person. The driver agreed to perform field sobriety exercises and performed poorly. The officer arrested the driver for DUI (Driving Under the Influence) and the driver became emotionally escalated. He violently banged his head on the glass and cage of the patrol car on his way to the jail, and subsequently refused breath testing once at the jail.
Motion to Dismiss Case
A motion to dismiss must be filed either before or at the defendant’s arraignment. However, there are a few exceptions to that rule, such as in cases where the defendant has been pardoned for the offense.
A motion to dismiss can be filed for a variety of reasons. The statute of limitations may have passed or there could have been a pardon. Other reasons to file include prosecutorial immunity, double jeopardy, speedy trial expiration, or legal insufficiencies in the information provided.
Reckless Driving Versus Driving Under the Influence
In many cases, if there are weak points in the case itself, the prosecution could drop a DUI charge to a reckless driving charge. In a reckless driving case, the defendant will have up to 6 months of probation and spend up to 90 days in jail. They will also be required to pay a $500 fine. This charge is considered a misdemeanor charge in the second degree. Examples of reckless driving include tailgating, illegal passing, speeding, running a red light, and weaving through traffic.
In a DUI case, probation will be one year with jail time of six months. A fine will range from $500 to $1,000 and the offender will be required to do 50 hours of community service. The offender’s license will also be suspended for six months to one year. The vehicle of the offender will also be impounded for 10 days. Fines will be increased for offenders that have a person under the age of 18 in the vehicle with them or if they have a blood-alcohol concentration (BAC) of .15% or higher. If an accident occurred where there was property damage or injury, fines will also be enhanced.
Musca Law Firm
Should you find yourself arrested and charged with a DUI, it is crucial to your case to obtain legal services as soon as possible. Musca Law Firm serves the entire state of Florida, with multiple offices in various cities across the state. We have successfully won many cases for our clients, either by helping their charges be dismissed or reduced. Our main goal is to have a favorable outcome for all of our clients. We accept phone calls 24/7 for our clients’ ease and convenience of access. Please call our firm today at (888) 484-5057 to set up an initial consultation with one of our experienced attorneys.
RESULT: The Musca Law Defense Attorney filed a motion to dismiss the case based on missing video evidence of the client’s arrest. The prosecution offered to amend the DUI charges down to reckless driving in lieu of proceeding with the Defense’s motion, resulting in NO DUI CONVICTION!