Legal Question in Criminal Law in Florida

DUI, Traverses and Serious Bodily Injury

In October of '95 an incident occurred with 1 veh. 2 occup. which led to my being charged with misd. dui, I was not arrested and the charge was filed some time later, after 2 yrs. of wrangling the pros. was forced to nul proc the case for lack of wheel witness, 10 days later the charges were upgraded to Felony dui due to serious bodily injury, the other person has been deposed and obviously doesn't meet sbi criteria, we filed a motion to dismiss based on this fact, the state filed a traverse that simply stated that the injuries did meet criteria without supporting evidence or explanation, the judge nearly dismissed and after a bit of begging from the state then denied the motion, the other person is an uncooperative witness and can ambulate fully with all limbs (broken arm and head laceration) the states claim of sbi is based on the fact that she spent a day or two in icu for observ. the judge has ruled for downward depart. and the state is fairly lenient, however, what can i do to get the charges reduced to misd. without risking trial (31 month sent. score on conv.) there are other issues as well, while i have good rep. i would like another brain on the matter.


Asked on 1/15/00, 1:58 am

1 Answer from Attorneys
Steven Casanova Steven G. Casanova, P.A.

Re: DUI, Traverses and Serious Bodily Injury

Interesting issue(s). First I would examine a statute of limitations/speedy trial defense. Then I would file motiond to suppress the stop/arrest based on no evidence to support that you were the person who committed a crime. Then I would follow up with motions to suppress any statements made by anyone in relation to the accident based on the accident privlege, thus gutting the state's case as to liability, and injuries. Then I would move to get the hospital records of the injuried party, and re-address the sbi aspect of the case in a motion to dismiss using the fact that certain statements are inadmissible, and use the hospital records to dispute the state's claim as to sbi. In addition hire an expert to testify on the record as to the injuries not being serious. Alledge in the motion the facts that a doctor will testify to to diminish the sbi aspect. then set depos with the state atty. and various witnesses that you will call, including the doctor and the victim. Basically motion/depo the state to death and they will probably give in.GOOD LUCK...

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Answered on 1/21/00, 4:59 pm


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