Aggressive DUI Enforcement Comes With High Rate of Dropped or Reduced Charges
As Naples DUI criminal defense lawyers, we were pleased to see a recent series of articles focusing on DUI enforcement in the Daytona Beach News-Journal. Just in time for New Year’s Eve, which law enforcement says is the biggest drinking holiday of the year, the newspaper is running a three-part series on the large percentage of drunk driving cases in Volusia County that end with dropped or reduced charges. The second installment, published Dec. 28, focuses on the way intoxicated driving is handled in the city of Port Orange. The city has the highest rate of DUI arrests in the county, the newspaper said -- but also the highest rate of dropped and reduced charges.
The Port Orange Police Department has a reputation for being aggressive in its DUI enforcement and prevention efforts, and has even won an award for its traffic safety work. The News-Journal said the city has consistently had the most DUI arrests of any city in Volusia County since 2000. However, the newspaper said almost 64% of Port Orange cases involving a single-charge DUI end with dropped or reduced charges. That’s the highest rate in the county and substantially greater than the 53% rate in Daytona Beach Shores. Drunk driving defense attorneys told the newspaper that it tends to be easier to find flaws in cases from Port Orange than in cases from other cities. At least one lawyer told the newspaper he believes Port Orange police make arrests for crimes that wouldn’t result in arrests in other cities.
The article outlined some of the most common problems with DUI arrests that can lead to a dismissal or reduction of charges. Among them are mistakes with either the initial traffic stop or the administration of the breath test. Our Fort Myers drunk driving criminal defense attorneys frequently use mistakes by police during these vital phases of the arrest to help our clients. For example, as the article notes, Florida law does not compel motorists to give blood samples without a warrant. If a police officer has told one of our clients that it does, any evidence resulting from that interaction may be illegal. This can allow us to ask the judge to throw it out, weakening the prosecution’s case. Without much of a case, the prosecution is substantially more likely to offer a reduced charge like reckless driving in exchange for a guilty plea.
Law offices of Sebastian John Balliro, P.A. starts every intoxicated driving case by looking through the evidence for any flaws like this that can be used to mount a strong defense. Even a first DUI is a serious charge in Florida, carrying loss of your driver’s license, potential jail time, hundreds of dollars in fines, community service, probation, DUI classes and more. Losing the driving privileges alone can cause chaos in many people’s lives, taking away a tool they need to earn a living. That’s why our West Palm Beach DUI defense attorneys defend drunk driving cases as aggressively as we can, including representing clients at the DHSMV driver’s license hearing whenever possible. Even if our clients prefer to plead guilty, we can often find a way to exchange that guilty plea for reduced charges or penalties.
If you’re charged with drunk driving, drugged driving or a related offense in Florida, don’t hesitate to call Law offices of Sebastian John Balliro, P.A. for help. We are available to our clients and potential clients 24 hours a day and seven days a week, because we know legal trouble can and does happen outside business hours. For a free consultation, please contact us through the Internet or call us toll-free from anywhere within Florida at 1-866-ARRESTED.
