A Driver under the influence of prescription pills almost hit a pedestrian and crashed into a parked car. The Police responded to the scene. The Officer noticed the Driver had slurred speech, bloodshot/watery eyes, and a difficult time keeping his eyes open. The Driver denied that he had been drinking, but admitted to taking prescription pills just hours before the accident. The Driver failed Field Sobriety Testing and agreed to a Breathalyzer Test. The Driver blew .00% and refused to submit to a urine sample. The Police arrested and charged the Driver with DUI, DUI Property Damage, and No Proof of Insurance.
DUI Property Damage
Any DUI with property damage is a first-degree misdemeanor. This is punishable by up to 12 months in jail and a fine of $1,000. Had there not been any property damage done, the DUI would have been penalized with 6 months of jail time and a fine of $500.
In order to be charged with a DUI Property Damage charge, it will need to be proved without a reasonable doubt that:
- The defendant was operating the vehicle, driving the vehicle, or was in full control of the vehicle.
- The defendant was consuming alcoholic beverages or was under the influence of them. Chemical substances or controlled substances could also be what the driver was under the influence of. The defendant’s normal facilities were impaired.
- The defendant had a blood-alcohol level of .08% or higher at the time of driving.
- The defendant had a breath alcohol level of .08% or higher at the time of driving.
- Airbags – Many believe that if airbags go off during an accident or crash, a person’s breath test will record higher.
- Intervening Cause Defense – The person’s conduct did not cause or contribute to the property damage.
- Wheel Witness – If the defendant got out of the vehicle after the accident before the law arrived, there will be a hard time proving the defendant was driving.
Defenses Used For DUI Property Damage
There are various defenses that can be used for this charge.
Musca Law Firm Services
If you have been charged with a DUI Property Damage or No Proof of Insurance, Musca Law Firm wants to help you. We have offices located in various cities in Florida, such as Tampa, Fort Lauderdale, Naples, New Port Richey, and many others. We are willing to serve the entire state for the geographical ease and convenience of our numerous clients. Our attorneys offer a free initial case consultation, and our phone lines are answered 24 hours a day, 7 days a week. Don’t hesitate to contact us today at (888) 484-5057 to speak with one of our experienced criminal defense attorneys.
RESULT: The Musca Law Criminal Defense Attorney discussed the details of the case with the Prosecution.The Defense convinced the State that their case lacked sufficient evidence. The Defense believed in the Client’s innocence and moved the case forward to trial. The Court DISMISSED the charges of DUI and No Proof of Insurance. The Client entered a plea to a lesser charge and did not receive a DUI conviction.