Recent Updates
April 28, 2010
State Must Prove Defendant's Knowledge of Driver's License Suspension
April 13, 2010
Sentencing Commission Votes to Eliminate Recent Criminal History Points
October 15, 2009
Consent to search inside of vehicle does not extend to locked containers
October 14, 2009
Making phone calls to get drugs for personal use not a felony
October 07, 2009
Duval County schools agree to reduce number of students getting arrested
DUI Accident Privlege Overcomes Agressive DUI Prosecution in Jacksonville
In the recent 1st DCA decision in Skinner v. State, the court found that the Jacksonville DUI prosecutors failed to present sufficient evidence that the defendant was the driver of the vehicle and threw out the case. In Florida, there is an accident privilege which allows drivers to discuss the details of an accident without those statements being used against them, whether it be in a vehicular homicide or DUI. In this case, the Florida Trooper in Jacksonville merely took the information by the defendant and did not separately question him after Miranda warnings.
In Florida, before a driver can be detained for a DUI, there must be reasonable suspicion the driver committed a DUI. The Court ruled that once the defendant's statements were suppressed due to the accident privilege, there "was no competent substantial evidence proved petitioner was the driver." DUIs with accident, particularly single car accidents can be hard for the State to prove. However, as demonstrated above, the State will often pursue the cases even when there is little or no evidence that can be presented that the defendant was driving.
DUI prosecutors in Jacksonville and the surrounding counties often have less than 1 or 2 years of experience and are tasked with aggressively prosecuting their cases. Therefore, it is important to have a Board Certified trial attorney are your side to even the playing field and hold the State to strict proof under the law. It is likely that hundreds of defendants are prosecuted or plea out every year in Jacksonville on cases that had significant suppression issues. Pleas once entered and a DUI penalty is imposed are extremely hard to undo. Contact the DUI criminal defense attorneys at Arnold Law Firm, LLC if you are charged with a DUI in Jacksonville, Ponte Vedra, St. Augustine, Yulee, Orange Park, or Green Cove Springs.
