J.H. called after he was arrested for DUI. He lost control of his vehicle during heavy rain and hit another car on I-275. The other car had serious damage and the other driver was injured. The Florida Highway Patrol (FHP) investigated the case and arrested him for driving under the influence. J.H. refused to provide a breath sample. After his arrest, he reached out seeking help.
Because this was his first DUI, we were able to help J.H. get a hardship license right away by getting him enrolled in DUI school and helping him with the paperwork. Being able to drive was essential for J.H. to get to work. After he got his hardship, we got to work on his case.
Reduction to Reckless Driving:
Because the crash was serious, J.H. was not eligible for the DUI diversion program in Pinellas County (“D.R.O.P.”). Yet, we still had J.H. enroll in DUI school, complete a MADD Victim Impact Panel and start on community service while we waited on the police report and DUI videos.
When the video from FHP came back, we noticed the police report did not match the video.
Because the trooper did not accurately document his investigation, this gave us the leverage, along with the mitigation, to get J.H.’s case reduced. Additionally, even though there was a serious crash I was able to convince the prosecutor to not impose jail time or a CAM (alcohol monitor).
Benefits of a Reckless Driving Outcome:
Because his case was reduced from a DUI to a reckless driving, J.H. avoided having a DUI conviction on his record, another driver’s license suspension, and the expensive insurance requirements related to a DUI conviction (FR-44). Additionally, should J.H. ever get another DUI, he will avoid the enhanced penalties for a repeat offender.
In all, J.H. was ecstatic to avoid a DUI. He is in his 20’s and a DUI conviction would have seriously affected the rest of his life.