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Florida Statute Section 316.193.3C1 provides for enhanced penalties for any driving under the influence case that causes or contributes to property damage or non-serious personal injury of another. DUI with property damage or non-serious personal injury is a first-degree misdemeanor. DUI cases involving the serious bodily injury (as opposed to non-serious injury) can be charged as a third-degree felony.
DUI with property damage can occur after a non-serious "fender-bender" or after a more serious car crash that involves one or more vehicles. In many of these cases, the driver is asked to submit to a breath and/or urine test, and in certain cases, the driver may be asked to submit to a blood test.
Deal Galigani with the Galigani Law Firm is experienced in representing clients charged with these serious criminal offenses. He is a Board Certified Trial Attorney, a rare distinction among Florida criminal attorneys, which recognizes outstanding skill and reputation. Dean Galigani represents clients throughout Gainesville, Alachua, Lake City, Ocala, Trenton, Macclenny and the surrounding areas of central Florida. Call the office to find out what you might need to do today to protect yourself after such an accusation.
Under Chapter 316 of the State Uniform Traffic Control, Title XXIII Motor Vehicles, Florida Statute Section 316.193 provides that any person who drives while under the influence of alcohol or any controlled substance to the extent that his normal faculties are impaired, or who has a BAC of .08 or above and who, by reason of such operation, causes or contributes to causing damage to the property or person of another, commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
Certain types of defenses are more common after a DUI with property damage case. In many of these cases, a law enforcement officer is called to the scene and often arrives long after the drivers and passengers of the vehicles have exited the vehicle. The most basic element of the offense is that the person accused was actually driving the vehicle instead of arriving at the scene after the accident or merely being a passenger in the vehicle.
In these cases, the prosecutor must often call a "wheel witness" to the scene to testify about seeing the person accused behind the wheel of the vehicle when the crash occurred or shortly thereafter.
Other defenses involving the difficulty of proving any impairment of the driver's normal faculties occurred as a result of alcohol consumption or drug impairment as opposed to being shaken up or injured after the accident. Often the injuries from the accident will cause the same type of symptoms as alcohol impairment including being unsteady and having difficulty balancing or successfully completing roadside agility exercises.
Call our office if you have been accused of any DUI offense that caused or contributed to damage to another person's property or caused non-serious personal injury in Alachua County for Gainesville, FL, or the surrounding areas of Macclenny in Baker County, Lake City in Columbia County, Titusville in Union County, Starke in Bradford County, Trenton in Gilchrist County, Bronson in Levy County,or Ocala in Marion County, Florida.
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"Dean Galigani was supportive when my son was arrested for underage possession of alcohol..." - David