CRIMINAL TRAFFIC (NON-ALCOHOL OFFENSES)
DUI DUBAL (Driving Unlawful Blood Alcohol Level as Count II, Count I Aggravated Fleeing and Attempting to Elude)
2012: Client was driving on a busy bridge when he suffered a mechanical failure caused his vehicle to crash into a portion of the bridge, and another vehicle. His passenger was seriously injured; the client was injured and ultimately about to be charged with felony driving under the influence with serious bodily injuries. However, prior to filing a formal charging document, the defense was able to point out an irregularity in the initial probable cause statement and traffic crash report. This discovery was communicated to the State and this led to a reduced filing of DUI with an accident and personal injuries.
Subsequent discovery revealed that the client’s statements were inadmissible due to the Florida Traffic Crash Report Privilege. Result: SUBSTITUTED CHARGE OF RECKLESS DRIVING
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