Ocala, Florida Driver Found Not Guilty of Enhanced DUI
Florida Highway Patrol responded to a two-vehicle traffic crash at County Road 484 and Marion Oaks Blvd. Trooper’s interviewed witnesses who provided statements regarding who was the driver of the vehicle. Based on those statements Trooper located the supposed driver and began to conduct a DUI investigation, the Trooper noticed that the suspected driver has bloodshot eyes, slurred speech and an odor of alcohol beverage coming from his breath. The Trooper then transported the suspected driver to the Marion County Jail were the Trooper requested he perform field sobriety exercise, which he refused. The Trooper then placed him under arrest and requested that he provide a breath sample which again the suspected driver refused.
Meldon Law was contacted, and we were able to assist in getting the felony charge dropped and two misdemeanors being sent down to County Court. After filing a motion to suppress, motion to sever, and motion to bifurcate, Meldon Law took the case to trial. Prior to trial, the defense visited the crash location at the same time of night the incident occurred, allowing them to see how poorly lit the area was. During the trial the attorney effectively cross-exam the State’s witness creating doubt as to who they saw operating the vehicle. Additionally, the defense presented evidence showing the person arrested was not driving the vehicle and there was reasonable doubt regarding the State’s evidence of impairment. The Jury returned with a verdict of Not Guilty on the Enhanced DUI. The civil traffic citation for failure to stop at a red light was dismissed. Finally, a Meldon Law was able to successfully negotiate a favorable plea to the remaining charge. (Date of Arrest: September 15, 2017).
DISCLAIMER: The results are specific to the facts and legal circumstances of each of the clients’ cases and should not be used to form an expectation that the same results could be obtained for other clients in similar matters without reference to the specific factual and legal circumstances of each client’s case.