A 1995 white Mercedes with Florida tags caught the attention of the police as it seemed to be speeding. The police decided to follow the vehicle. A few blocks later, they witnessed the driver attempting to make a left hand turn. The driver misjudged the turn and hit the cement curbing. His car landed in shrubbery and he was a bit dazed by the mishap. The police officers made contact with the driver and noticed a strong odor of alcohol along with slurred speech. The driver refused field sobriety tests and refused to take a breath test. He was arrested and charged with Driving Under the Influence (DUI), DUI with Property Damage, and Refusal to Submit to Breath Test.
The Miami DUI attorneys at Musca Law consistently provide winning legal defense strategies to clients who are facing serious DUI charges. Our success is based upon prompt investigation of the facts involved and an aggressive challenge to the evidence against our client.
In this DUI case, we recognize that research conducted by the National Highway Traffic Administration does not include speeding as a possible symptom of DUI. Because of quicker judgment and reflexes involved, speeding may indicate sobriety. Unlike the breath test, where refusal to submit may have serious consequences, our client had the legal right to refuse field sobriety testing. In most situations, police officers have already made up their mind on a DUI arrest and the sobriety tests are just additional evidence to use against the suspect.
Our experienced DUI defense attorneys successfully convinced the prosecutor that they did not have sufficient evidence to support a DUI conviction against our client. The admissibility of his refusal to submit to a breath test was assertively challenged by our defense team. The State Attorney agreed, and the charge of DUI was broken down to Reckless Driving, whereby adjudication was withheld. In other words there was no conviction! This decision meant our client did not have 4 points assessed to his driving record and did not have to bear the burden of increased insurance rates. The charges of Refusal to Submit, and DUI with Property Damage, were dismissed completely.
