If you hang around a county courtroom in Florida long enough, you will undoubtedly overhear a prosecutor and defense attorney talking about whether the prosecution can “put the driver behind the wheel” in cases involving allegations of driving under the influence (DUI), driving while license suspended or revoked, reckless driving, leaving the scene of an accident and a myriad of other driving offenses. Why is this so important? If the suspect is not placed behind the wheel, he or she goes free as a matter of law.
Each criminal case has “elements” that must be proven beyond a reasonable doubt before a judge will allow a jury to determine whether the accused is not guilty or guilty (if the jury cannot reach a unanimous decision there will be a “hung jury” and a mistrial). In alleged driving offenses, the prosecution must prove that the defendant was driving. If this cannot be proven, the case will not go to the jury and the defendant will be found not guilty. Since jeopardy attached when the jury was sworn, the defendant can never be tried again for the same offense since that would be double jeopardy and banned by the United States Constitution and the State of Florida Constitution.
Frequently, when emergency medical personnel and law enforcement officers arrive at an accident scene, the suspect is not near the vehicles. He or she may be walking around, sitting across the street, unconscious on the side of the road, and, in more cases than you might think, at a bar near the accident scene drinking alcohol. Investigating law enforcement officers are frustrated in these situations since they cannot determine who was driving and whether there is sufficient evidence to charge the suspect with DUI or other driving offenses. Investigating officers are under tremendous pressure to arrest a suspect since someone has been injured or died. The frustration is compounded when the investigating officers cannot convince the suspect to waive his or her Miranda rights.
If you are involved in such a situation, it is critical that you not waive your Miranda rights. If you are injured in the accident, you should immediately seek medical care especially if you lost consciousness for an extended period of time or blacked out briefly at the accident scene. Investigating officers will try to say you were impaired at the time of the accident in order to “make” a DUI manslaughter, DUI with serious bodily injury, DUI with property damage or DUI case when you were actually suffering from injuries sustained in the accident. Medical evidence showing that you sustained a closed head jury or other head trauma or other physical injuries will be helpful in disproving the impairment argument raised by the prosecution.
You should immediately call an experienced criminal defense attorney and seek his or her legal advice if you find yourself as a suspect in these circumstances. If you do not protect your legal rights as soon as possible, you may face years in prison or risk jail time. Time is of the essence in these circumstances. Reputable criminal defense attorneys have 24-hour answering services and are willing to travel to the jail or hospital to see you in order to protect your legal rights.
