The judge ultimately granted Ms. Rizzo’s motion, dismissing all charges against her client.
Sarasota, FL (PRWEB) January 12, 2013
Florida DUI defense attorney AnneMarie Rizzo of the law firm Finebloom, Haenel & Higgins recently argued a successful motion during trial that resulted in the judge completely dismissing DUI charges against her client.
According to court documents, the driver was involved in a car accident which resulted in what the North Port police officer on scene believed to be serious bodily injury to the other driver. The officer noted signs of alcohol impairment, and due to that and the concerns for injuries to the other driver, he forced a blood draw against the defendant to test blood alcohol level. There were no field sobriety tests performed, and the defendant was not arrested at that time.
According to the court documents, the blood sample was sent to the Florida Department of Law Enforcement for analysis, and within 60 days the FDLE reported the defendant’s blood alcohol level was .196, or more than three times the legal limit. The North Port police requested that the State Attorney’s office issue an arrest warrant for the driver on charges of DUI. The driver, who also had a previous DUI conviction, was subsequently arrested on these charges and immediately sought representation from DUI defense lawyer AnneMarie Rizzo of Finebloom, Haenel & Higgins.
Ms. Rizzo began her investigation and strategized defenses for the DUI charges with the client and his family. Through her investigation, she learned that there were issues with the manner in which the blood was drawn, the manner in which it was stored, and a lack of compliance with Florida laws pertaining to blood draws for investigative purposes. After discovering these errors, Attorney Rizzo contacted the prosecutor’s office, but they were unwilling to make an offer acceptable to the client and Ms. Rizzo then set the case for trial.
According to court documents, on the eve of jury trial the State Attorney’s office listed a last-minute expert witness to try to minimize some of the blood draw issues uncovered by Attorney Rizzo. Ms. Rizzo filed a motion to exclude the testimony of this witness, and the judge reserved ruling and proceeded with jury selection for trial. The jury was impaneled and sworn, and the State began to introduce evidence against the client. When the prosecutor attempted to introduce the blood draw as evidence, Ms. Rizzo strenuously voiced her objections. The judge excused the jury to hear arguments on the several issues regarding the blood samples, along with renewed objections to the State’s violation of rules of discovery with the last-minute witness. The judge ultimately granted Ms. Rizzo’s motion, dismissing all charges against her client.
For more information from the attorneys at Finebloom, Haenel & Higgins about Florida DUI with serious bodily injury, go to: http://www.fightyourdui.com/dui_defense/dui-bodily-injury.aspx.
A former Assistant State Attorney, Florida criminal and DUI defense lawyer AnneMarie Rizzo has earned a reputation as a zealous and aggressive client advocate through extensive trial experience. Rated “Superior” (10 out of 10) by independent lawyer rating service Avvo.com, she has trained law enforcement officers and prosecutors across the state of Florida regarding evidence-based prosecution and trial advocacy in the areas of criminal traffic and domestic violence. A graduate of University of Florida and University of Florida Levin College of Law, Ms. Rizzo now works with Finebloom, Haenel & Higgins on the criminal defense side, protecting the rights of clients.
Finebloom, Haenel & Higgins
Founded in 2004, Finebloom, Haenel & Higgins is a Florida criminal defense law firm. Its team of aggressive attorneys fights cases involving DUI, license suspensions, drug charges, sex crimes, juvenile offenses, battery and other crimes. Telephone calls are answered seven days a week, and case consultations are free. The firm has offices throughout Florida in Sarasota, Tampa, Orlando and Clearwater. For more information about the firm and criminal defense attorney AnneMarie Rizzo, call 1-800-FIGHT-IT.