Out of town client was here in Destin on vacation. While out with friends, it was alleged that his car hit another vehicle in the parking lot of a restaurant.
Although there was minimal damage, the police were summoned to the scene and my client ended up being arrested for DUI with Property Damage.
The bad news; this could be his third DUI in the last 10 years, which would qualify as a felony (punishable by up to 5 years in prison).
The good news was he had a fairly good case because there was minimal evidence of “impairment.” The client did not participate in field sobriety exercises and did not submit to the Intoxilyzer breath test. Knowing the stakes, and wanting to keep the case in misdemeanor court before it would be transferred to circuit/felony court, we quickly reviewed the discovery and video evidence.
The case was fairly strong and we felt confident about our chances before a jury, so we set the case for trial in Okaloosa County. This was a measured strategy because we figured it would be unlikely that the prosecutor would enhance the charges unless they were certain they could win it.
In the end, we were able to get what we wanted from the outset, get the DUI reduced and avoid jail time.
If you or a family member has been arrested for DUI, and have been convicted on prior DUI’s, give me a call for a free consultation at (850) 362-6655.
** Florida Law requires this statement: Each case is unique, such as Okaloosa County Criminal Case Number 2014-CT-135X, and no guarantee is made about the result we may be able to obtain.