In DUI property damage (or even non-serious personal injury) cases the stakes are higher. Contact a Tallahassee DUI Attorney at the Law Offices of Don Pumphrey, Jr., to discuss important defenses that apply to these cases including:
- whether the prosecutor has a witness that saw the defendant actually driving the vehicle;
- whether the defendant's injuries from the accident created the false appearance from alcohol or drug intoxication;
- whether the defendant's injuries from the accident impacted the defendant's performance on the field sobriety exercises; and
- whether the arresting officer violated the accident report privilege or failed to read Miranda warnings.
Tallahassee DUI with Property Damage Defense Attorney
Attorney Don Pumphrey, Jr., has the experience necessary to fight these difficult cases. Prosecutors with the State Attorney's Office often take an aggressive stance in DUI with property damages cases, especially when the accident involved another vehicle. Call to discuss your driving under the influence (DUI) with property damage charges in Tallahassee in Leon County, FL, and the surrounding areas of North Florida including Monticello in Jefferson County, Crawfordville in Wakulla County, Quincy in Gadsden County, and Bristol in Liberty County, Florida.
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Florida's DUI with Property Damage Statute
Florida Statute 316.193(3) provides for certain penalties, sanctions and punishments that are far greater than for a DUI that does not involve a vehicle crash. Even if the driver has no prior arrest record, the crime can be charged as a First Degree Misdemeanor punishable by twelve (12) months in the county jail. Additionally, certain other minimum conditions must be imposed by the judge including probation.
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Legal Requirements for Proving DUI Property Damage at Trial
The prosecutor with the State Attorney's Office must prove several things at trial beyond all reasonable doubt (often called the elements of the offense) including:
- The person accused of DUI with property damage either drove or was in actual physical control of the motor vehicle;
- While operating the vehicle, the person accused of property damage DUI contributed to causing personal injury to another person or damage to the property of the another person;
- The person accused of the DUI car accident either
- Had a breath or blood alcohol content (BAC) of 0.08 or more grams of alcohol (for 210 liters of breath or 100 milliliters of blood; or
- Was impaired by alcohol intoxication or drug impairment to the extent that the driver's normal faculties were impaired.
The term "normal faculties" are defined under Florida law to include things like walking, talking, seeing, hearing, driving a motor vehicle, making decisions, and acting in emergencies. In fact, the standard jury instructions also define the term to mean being able to normally perform the many physical acts and mental tasks required in our daily lives.
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The Law Offices of Don Pumphrey, Jr. | DUI Causing Property Damage Lawyer in Tallahassee
After an arrest for driving under the influence of drugs or alcohol causing property damage or even non-serious bodily injury, seek our experienced representation. Florida drunk driving defense attorney Don Pumphrey, Jr., has the training and experience necessary to fight these difficult cases throughout Tallahassee in Leon County, and the other areas of the Second Judicial Circuit including, Quincy in Gadsden County, Monticello in Jefferson County, Crawfordville in Wakulla County, and Bristol in Liberty County, Florida.