On behalf of The Law Office of Gustavo E. Frances, P.A.
The Florida Highway Patrol suspects that a Brevard County woman was impaired when she allegedly rear-ended a vehicle belonging to the Cocoa Police Department near the intersection of Clearlake Road and Michigan Avenue. Reportedly, the Sept. 27 incident occurred at about 5 p.m.
The officer in the police vehicle suffered minor injuries in the crash, yet that same officer investigated the incident. It was not clear immediately following the event whether the Brevard County woman was injured in the crash. The officer eventually took the woman into custody for drunk driving. Reportedly, the police were informed that the Brevard County woman had, earlier in the day, struck a van and subsequently fled the scene.
When drivers are accused of drunk driving in connection with a traffic accident, they might be subjected to field sobriety testing, chemical sobriety testing or both. Drivers might be charged with DUI if police have reason to believe, based on these tests, that they were impaired at the time of the crash.
However, not all drunk-driving accusations result in DUI convictions, and whenever DUI charges are filed, prosecutors bear the burden of proving guilt beyond reasonable doubt. This can be an exceedingly difficult chore, above all when accused individuals retain the counsel and resources of a criminal defense attorney to help them mount an aggressive and multi-pronged defense. Besides ensuring that the rights of accused individuals remain inviolate, defense attorneys may also challenge the validity of the evidence constituting the DUI charges. In the event that the evidence does not pass muster, the defense attorney may cast enough doubt on the prosecution’s case for the charges to be reduced or dismissed altogether.
WFTV, “FHP: Drunk driver in Brevard hits Cocoa PD officer’s car“, September 28, 2014