Jacksonville Criminal Defense Lawyer Blog
As a Jacksonville DUI Attorney, I have represented many Jacksonville DUI (Driving Under the Influence) Defendants. The State can charge a driver with DUI based on impairment by alcohol or controlled substances. In order to obtain a conviction, the State must have evidence to prove the DUI. If the State is trying to prove that a Jacksonville DUI Defendant was impaired by a controlled substance, this can be difficult without a urine sample.
In State v. Annis, 8 Fla. L. Weekly Supp. 421d, the police officer testified that he found the Defendant slumped over the steering wheel, passed out, with his car running in an intersection, and seemed totally lethargic. He urinated on himself and was slobbering and incoherent. He arrested him for DUI. The Defendant gave two breath samples with the results of .000 and refused the urine test. The trial court granted the Defendant’s Motion for Judgment of Acquittal (JOA), and the case was dismissed.
The State failed to present enough substantial, competent evidence to prove a prima facie case that the Defendant’s impairment was caused by a controlled substance. The circuit court agreed with the trial court, because the state failed to present evidence from which the jury could exclude every reasonable hypothesis of guilt.
If you have been arrested for Jacksonville Driving Under the Influence of Alcoholic Beverages or a Controlled Substance, contact Jacksonville DUI Attorney.