JAB was cited for DWLS with knowledge by a St. Lucie County Sheriff’s Deputy on March 17, 2008. JAB attempted to explain that he was driving for work-related purposes and, in fact, showed the Deputy a restricted license issued by the Bureau of Administrative Review pending the outcome of his formal review hearing.
JAB had previously been arrested for DUI with injury and property damage. The new arrest for DWLS would violate the terms of his pre-trial release and could have resulted in his being returned to jail without bond. He would then have languished in jail until his underlying DUI case was disposed of.
If the prospect of returning to jail without bond were not problem enough, JAB was faced with the prospect of losing eligibility for a restricted license for a period of one year if he was found to have committed the offense of DWLS.
These concerns motivated a strong defense. To get the DWLS charge completely dropped as quickly as possible was the goal of this defense.
The defense produced the employer’s affidavit relative to the scope and nature of employment on the day in question. The defense obtained other documents establishing that JAB was actually working, and that such work would have required driving at the location of the arrest.
With this evidence in hand, the State filed a nolle prosequi on April 14, 2008, just 28 days after the initial arrest. The prompt response to this DWLS charge saved the client a trip to the “crossbar Hilton” and preserved his ability to secure a restricted license after his period of hard suspension ended.