Minor accident DUI

[Deep Dish]

What is the name of your state (only U.S. law)? Florida

Hello!

I am facing a DUI charge related to a minor car accident. When a highway patrol officer arrived on scene, I was standing outside of my vehicle and was just finishing up giving the occupants of the other vehicle my insurance information. I did not get their information, I have no idea who they were. The occupants of the vehicle I hit did not wish to file a report and the state witness list includes only the officer.

In the state of Florida, the state must prove driving or actual physical control of the vehicle. There must be a wheel witness. There were certainly the occupants of the vehicle but since their identity is unknown and therefore nobody to testify, and the officer did not see me in my car, is there a wheel witness?

 

[HighwayMan]

It was your car? Did you make any statements during the accident investigation?

 

[Deep Dish]

It was my car and the only questions I was asked was if, when, and how many drinks I had. (I admitted to three drinks about three hours prior.)

Today was my hearing at the DMV and my lawyer actually won. I come to find out there's no video tape from the scene. So, no video tape, no witnesses to testify, no breathalyzer (I refused), it would seem the state has no probable cause against me. I'm now hoping for a nolle prosequi. If I can withstand the preponderance of evidence, surviving reasonable doubt seems easier, it would seem.

 

[HighwayMan]

So you denied that you were involved in the accident?

What was the DMV hearing about? Your refusal?