Florida's Premier Criminal Defense Firm

Recent Posts in Actual Physical Control Category

December 21, 2011

Client Arrested for DUI after Crashing Car into a Ditch has DUI Charges Reduced

DUI AMENDED TO RECKLESS DRIVING – NO CONVICTION – CRASH! (MAY 2009)
Florida Highway Patrol arrived on the scene of an accident after client had allegedly crashed his car into a ditch. Witnesses on the scene claimed they could establish that defendant was the driver of the vehicle. Tampa DUI lawyer Stephen Higgins negotiated with the state attorney and argued that the state would not be able to produce a ‘wheel witness’ to prove their case. Stephen was able to resolve the case to the lesser charge of Reckless Driving with no conviction. (Ref. No. 6214-XCB)

December 21, 2011

All Charges Dropped for Client Charged with DUI

DUI CHARGES DROPPED!
The defendant was arrested in Tampa in his front yard at 8:00 AM for DUI. He was unable to perform field sobriety exercises and provided a breath sample of .24. Stephen Higgins refused to take any offer from the state attorney other than a dismissal. He argued that the State could not prove beyond a reasonable doubt that his client was DUI because there was no evidence the defendant was ever driving the vehicle. On the eve of trial, after lengthy negotiations, the State Attorney dismissed all charges. (Ref. 9173-XCF)

December 21, 2011

DUI Charges Dropped Due to Lack of Evidence that the Client had Actual Physical Control of the Vehicle

Defendant was charged with DUI in Tampa, Florida after he and a vehicle were found in a ditch. Tampa DUI lawyer Stephen Higgins, arguing vigorously on behalf of his client, refused to take an offer by the Pinellas County State Attorney’s office to reduce the charge. Knowing that they could not prove that defendant was ‘driving or in actual physical control of a vehicle,’ Stephen pushed the case to trial. Immediately prior to a jury being sworn, the State Attorney dropped all charges. Because Stephen had won the administrative hearing regarding defendant’s license, defendant never went one day without driving and no charges related to the incident will appear on his driving record. (Ref. No. CTC088661XAUASP)

Web Statistics