Orlando and Seminole County DUI and Accident Attorney Corey Cohen
If you have been charged with a DUI involving an accident call the Law Office of Corey Cohen, P.A. immediate at 407-246-0066 to make sure your legal rights are preserved.
There are many winnable defenses to DUI involving property damage or a crash that many people are not aware of. The charge of DUI has multiple elements that the state must prove for you to be found guilty. The first element that must be proven is that you were driving or in actual control of the vehicle. Many times after an accident and before the police show up you are already out of your vehicle. There may be multiple people at the scene of the crash and the police may have a hard time putting you behind the wheel of the vehicle.
This may surprise you, but the state may have a hard time proving you were the driver even if you admitted to driving. How is this so? In Florida there is a law that anything you tell a police officer during a crash investigation cannot be used against you in court. Even if you admit to driving the officer cannot testify about that in court. Now there are exceptions to this law and that is why you need to have an experienced DUI attorney on your side. You need someone who knows the law and every exception to the law so that your rights are protected. I have won many cases at trial based on this doctrine which is called the accident report privilege and will continue to win many more in the future because of this.
As your DUI attorney I will also fight any civil citations you may receive as part of the DUI. Many times after a crash if the officer feels that you were at fault he or she will write you a citation for careless or reckless driving. These are additional points on your record and in some circumstances may result in a suspension of your driving privileges.
Sometimes a DUI that involve an accident make the best and most winnable DUI cases because of numerous factors such as:
- No one can put you behind the wheel of the vehicle at the time of the crash
- You may have performed poorly on the field sobriety exercises because you were injured from the crash
- Your eyes may be bloodshot and watery, your face may be flushed and your speech may be slurred from the accident and the trauma of the crash
- Many times when hit in the head with the airbag or any head injury as a result of the accident will throw off the results of the HGN field sobriety exercise
Those are just a few of the Defenses I have used in the past to win DUI trials that involve an accident and have been successful.
For more information on how I can successfully defend your DUI case involving an accident please call Corey Cohen at 407-246-0066, or you may email me at corey@coreycohen.com for more information and to schedule a free consultation by phone or in person.
