How a Florida DUI Judge Can Change Your Future
|DUI Cop Claims
He Made a Mistake
Photo is NOT the
Actual Cop – Is Jodi’s
“Cop claims he made a mistake”
The best DUI defense strategies anticipate the cop incorrectly filling out sworn documents. It happens. In Florida, this Judge would not stand for it. After reversing the conviction, the Judge demanded the Assistant State Attorney file perjury charges against the cop according to Orlando, Florida media sources.
“Are you going to nolle pros [dismiss] that case, or am I going to get mad at you today?”
There are two boxes to check on the standard DUI citation. The sworn officer of the law must state whether the driver blew over a .08 in the first box OR the driver refused to submit to a test. This poor driver neither refused to submit to a test nor blew over a .08. Cop claims he made a mistake.
“the court is of the opinion that the evidence is
insufficient to warrant a conviction. . . . “
Here is how a typical DUI citation looks when someone is alleged to have failed a breath test.
The cop claimed he made a mistake when he checked the first box, that the driver was not legally over a .08, since there was never a breath test administered. When the Department of Highway Safety and Motor Vehicles (DHSMV) Bureau of Administrative Reviews (BAR) saw the citation, it rubber-stamped the suspension and the driver’s license was suspended. If no one challenges the arresting officer within 10 days, the license is suspended.
Here are some details about the case:
Cop pulls lady over for DUI
Police Officer arrests driver for DUI
Cop claims there was no one available to give breath test
Cop issues a DUI citation for DUI over .08 with NO Breath Test
Can a Florida DUI Attorney get your conviction overturned?
As a side note, the second box is checked when a driver fails to submit to a chemical test (usually a breath test). These two small sections of a Florida Uniform DUI Citation are very important, since a driver’s license cannot be suspended for DUI unless they have been given notice of the suspension for over .08 or for refusal. Usually, a competent DUI Defense Attorney can choose the best course of action.
“This whole case is fishy,”
The traffic citation serves as a sworn document that the driver was informed of their rights under the Florida Implied Consent Law and either blew over .08 or refused to submit to a test. If either box is checked and the suspension is not challenged within 10 days of the arrest, the driver’s license is suspended.
Here are some quotes from the Florida DUI Judge video:
“This whole case is fishy,” said the Judge.
“You know what? … I’m rescinding the sentence. I’m granting the JOA.”
“JOA for the defendant. You’re done,” The Judge said to the Assistant State Attorney.
“Are you going to nolle pros [drop] that case, or am I going to get mad at you today?” The Judge queried.
Here is the Definition of Judgment of Acquittal (JOA)
A judgment of acquittal is an order by the Court that the Defendant be acquitted. Usually, a request for judgment of acquittal is made at the close of the state’s case and at the close of all evidence presented. A motion for judgment of acquittal is made when “the court is of the opinion that the evidence is insufficient to warrant a conviction.” In case the motion for judgment of acquittal is granted, the state may have little or no right to appeal.
Here is the Florida Criminal Rule on Acquittal Rule 3.380
(a) Timing. If, at the close of the evidence for the state or at the close of all the evidence in the cause, the court is of the opinion that the evidence is insufficient to warrant a conviction, it may, and on the motion of the prosecuting attorney or the defendant shall, enter a judgment of acquittal.
(b) Waiver. A motion for judgment of acquittal is not waived by subsequent introduction of evidence on behalf of the defendant. The motion must fully set forth the grounds on which it is based.
(c) Renewal. If the jury returns a verdict of guilty or is discharged without having returned a verdict, the defendant‘s motion may be made or renewed within 10 days after the reception of a verdict and the jury is discharged or such further time as the court may allow.
WFTV Channel 9