DUI Property Damage

One minute you're driving in your car.  The next minute - chaos.  Breaks squealing.  Tires skidding.  Metal grinding.  Seconds pass in slow motion.  Then you hear the sounds of sirens in the distance.  If you were drinking prior to driving and you were involved in a motor vehicle accident, you should contact an experienced DUI attorney in Jacksonville as soon as possible. The experienced DUI attorneys at Musca Law will investigate your case to determine whether law enforcement properly followed accident investigation laws and procedures and develop the best possible defenses for your case.

Elements of DUI Property Damage
            DUI property damage without serious injury is a misdemeanor.  In order to prove the crime of DUI property damage Florida Statute § 316.193(3), the State of Florida must prove the following three elements beyond a reasonable doubt:

1. (Defendant) drove or was in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, (defendant)
1. was under the influence of (alcoholic beverages) (a chemical substance) (a controlled substance) to the extent his or her normal faculties were impaired.
2. had a (blood) (breath) - alcohol level of .08 or more grams of alcohol per (100 milliliters of blood) (210 liters of breath).
3. As a result of operating the vehicle, (defendant) caused or contributed to causing (damage to the property of (victim) (injury to the person of (victim).

Accident Report Privilege
            The State of Florida (prosecution) will likely seek to introduce any statements a DUI defendant made to law enforcement officers at the scene of the accident.  However, under the law in Florida, these statements may be privileged - meaning the statements cannot be used against the defendant as evidence at trial.  This law is commonly known as the Accident Report Privilege.  Florida Statute § 316.066(4) states:

            "Except as specified in this subsection, each crash report made by a person involved in a crash and any statement made by such person to a law enforcement officer for the purpose of completing a crash report required by this section shall be without prejudice to the individual so reporting. Such report or statement may not be used as evidence in            any trial, civil or criminal. However, subject to the applicable rules of evidence, a law enforcement officer at a criminal trial may testify as to any statement made to the officer   by the person involved in the crash if that person's privilege against self-incrimination is not violated."

            The Florida Supreme Court clarified the Accident Report Privilege in State v. Marshall, 695 So.2d 686 (Fla. 1997), stating – “we emphasize that the privilege granted under 316.066 (Accident Report Privilege) is applicable if no Miranda warnings are given.  Further, if a law enforcement officer gives any indication to a defendant that he or she must respond to questions concerning the investigation of an accident, there must be an express statement by the law enforcement official to the defendant that “this is now a criminal investigation,” followed immediately by Miranda warnings, before any statement by the defendant may be admitted.

            Simply put, the Accident Report Privilege may protect you if you have been charged with DUI after an accident.  In many cases, the best evidence that the State may use against you at trial is your own statements and admissions to law enforcement officers.  However, skilled criminal defense attorneys will seek to suppress (or exclude) any statements you made to law enforcement officers in connection with an accident investigation if the officers did not read you Miranda rights.  In other words, depending on the judge's ruling at pre-trial hearings, your defense attorney may be able to prevent the jury from ever hearing your statements.  The experienced DUI defense attorneys at Musca Law will thoroughly evaluate your case to determine whether the Accident Report Privilege may work in your favor.

Restitution
            In addition to civil liability, if you are charged with DUI resulting in property damage, you may also be court-ordered to pay restitution to the owner of any property damaged as a result of the accident caused by your drunk driving.  Restitution is monetary compensation paid by criminal defendants to compensate victims for loss, damage or injury.  If the court orders restitution in addition to the mandatory DUI penalties, you may be on the hook for thousands of dollars. 

            Restitution is not automatic.  The State must prove the nexus (or link) between the crime and the injury or damage.  In DUI property damage cases, the State must prove that the damage was caused while the defendant was driving under the influence of alcohol or a controlled substance.  Experienced DUI defense attorneys will seek a hearing on restitution or negotiate with the prosecutor to secure the best possible outcome in your case. Hire an Experienced Florida DUIAttorney

            In Florida, many DUI accident investigations are conducted improperly by law enforcement -- violating your rights.  An experienced DUI attorney will investigate your case and provide you with the best chance of reducing your charges or completely avoiding a conviction.  For more information on DUI property damage in Florida, or if you were arrested for DUI after an accident, please schedule a free, confidential consultation with an experienced Musca Law criminal defense attorney.  Contact Musca Law 24/7 by calling 1-800-MUSCA-LAW (1-800-687-2252).