Driver Involved in a Two Car Accident Admits to Drinking and Driving; Refused Breath Test!

The Charges

Officers were dispatched to the scene of a two-car automobile accident. The police report alleges that our client admitted to drinking, had bloodshot and glassy eyes, and had failed the field sobriety exercises. Our client refused to take a breath test.

Insufficient Evidence and Physical Control of a Vehicle

Insufficient Evidence is defined as a decision by a judge or jury that the case has not been proved by either the plaintiff or the defendant as not enough information was provided. Essentially, it is any evidence that does not meet the burden of proof. 

When a case goes to court, the prosecution will have the job of making sure there is enough evidence to establish probable cause that the defendant did indeed commit a crime. The evidence must be factual and show an objective. The case will be dismissed if the court does not find probable cause. If a prosecution does not feel that they have enough evidence to support their claims, they may also dismiss their case. 

In order for a person to be convicted of a DUI charge, the state must first prove that you were in actual physical control of the vehicle. A common example of this is when a car has crashed and is not able to be moved, or someone has passed out in the driver’s seat.  

Physical control of a vehicle is defined as “the means of a person driving a vehicle to initiate any movement of, and in close proximity to the operating controls of the vehicle,” according to the USLegal.com website. This is not the same as actual physical control, which is defined by the same website as “a person who is physically in or on the vehicle and has the capability to operate the vehicle, regardless of whether s/he is actually operating the vehicle at the time.

Musca Law Firm Services

At Musca Law Firm, we offer exceptional legal services by the best attorneys in the state of Florida. Our firm has over 150 years of combined legal experience in criminal law. We consistently provide our clients with defenses that are solid, strong, and strategic. What makes us different from everyone else is that we believe in our clients’ innocence, and we take the time to hear their side of the story in order to undergo a thorough investigation of their case. When it comes time to negotiate with the prosection, we stand up and fight hard for our clients and their rights. We want the most favorable outcome for our clients, of either having their charges reduced considerably or dismissed entirely. 

Please call us today at (888) 484-5057 day or night to schedule your free initial appointment. We have offices located all across Florida for your convenience. 

RESULT: Based upon the deficiencies in the arrest packet materials, we chose to not subpoena any police officers. The Musca Law Defense Attorney on the case persuaded the court that there is insufficient evidence to prove that our client was driving, or in actual physical control of a motor vehicle. When the police officers arrived, our client was being treated by EMS and was not in his vehicle. License REINSTATED!