Driving home from Applebee’s Restaurant, the Defendant’s vehicle was observed by Police traveling at a high rate of speed. Police followed the Defendant and witnessed his vehicle making a left-hand turn, hitting into a cement curb, and landing in shrubbery. A Police Officer made contact with the Defendant and noticed a strong odor of alcohol, bloodshot eyes, and slurred speech. The Defendant refused sobriety tests as well as a breath test. He was arrested and charged with DUI, DUI with Property Damage, and Refusal to Submit to Breath Test.
DUI With Property Damage
Anyone who has been convicted of a DUI (Driving Under the Influence) with property damage will have enhanced penalties compared to just a simple DUI charge.
When there has been property damage done during a DUI, it is considered a first-degree misdemeanor. A Florida judge is required to impose the following penalties on a person who has committed property damage:
- Up to one year in jail
- Up to one year of probation
- Six to twelve months revocation of the offender’s driver’s license
- A fine between $500 and $1,000
- Ten days of the impoundment on the offender’s vehicle
- Completion of a DUI schooling
- 50 hours of community service
- Completion of psychosocial evaluation to see if any therapeutic treatment is needed
- Any other recommended treatment
Points Assigned to Licenses
Points that have been given to your driver’s license for a traffic offense will stay on your record for 3 years. However, points will accumulate with each new charge.
In the state of Florida, if you have received too many points on your driver’s license, you can lose your license. A driver’s license will be suspended immediately if the following are true:
- The offender receives 12 points in a span of 12 months (license suspended for 30 days)
- The offender receives 18 points in 18 months (license is suspended for 3 months)
- The offender receives 24 points within 36 months (license is suspended for 1 year)
If within a period of 5 years, you receive either 15 minor offenses or 3 major offenses, your driver’s license will face being suspended.
Musca Law Firm
If you are in need of legal assistance, Musca Law Firm would love to fight for you. We serve all of Florida with offices located in multiple cities for your convenience. We offer a free initial case consultation to determine how our services could best serve your needs and circumstances. Our attorneys have over 150 years of combined experience, which gives us the experience and skill to develop strategic defenses and negotiate effectively with the prosecution. Please call us today at (888) 484-5057 to speak with one of our experienced attorneys.
RESULT: Our experienced DUI defense attorneys aggressively challenged the admissibility of the refusal to submit to a breath test and convinced the Prosecutor that they did not have sufficient evidence to support a DUI conviction. The Client entered a plea to a lesser charge, resulting in NO FORMAL FINDING OF GUILT on the DUI charge and no points added to the Client’s license. The Client is now eligible to have his record expunged!