Practice Area:DUI and DWI
Outcome: Motion to Dismiss Granted
Description: Our client was arrested for 2 counts of DUI after getting into a minor collision on the interstate near downtown Tampa. The arresting officer alleged that our client was under the influence of a controlled substance, not alcohol. We conducted extensive legal research and submitted a letter to the State Attorney’s Office requesting them to drop the case entirely. Our argument was that based on the facts of our client’s arrest, they were not under the influence of a substance that was illegal under Chapter 893 – which is necessary to sustain a conviction for DUI.
The State Attorney’s Office did not agree with our request. As a result, we drafted and filed an extensive Motion to Dismiss with the court, requesting the judge to throw out the case. The judge agreed with our position and granted our Motion to Dismiss. Our client tearfully thanked us in the hallway and was pleased to move on with their life, free of the criminal justice system.