Taimoor Rana is seasoned criminal defense attorney specializing in DUI related cases. He shares his expert legal opinion here « DUI and Driving With a Suspended License Charges Should Be Taken as Different.
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- It common for a driver to be caught while driving under the influence (DUI) of drugs or alcohol (generally described as DWI, DUI or drunk driving) and at the same time driving while having suspended license or recently reissued license, or DWLS, in Florida. In such cases the lawyer will have to file two charges in the information, one for driving with suspended license (DWLS) and one for DUI. Both of these charges are served in separate while defendant take these to court for trial. It also mean that the jury that take trial for DUI case will not hear the case or judge the case related to the driving with a suspended license (DWLS). For each case jury will be different for hearing.
It is because of the reason that charges of one case are different with the other. As the evidence related to driver suspended license, such as his driving history, have not concern with evidence related to DUI.
This gives the idea that jury must not take any prejudice decision while hearing evidences. It is possible for state to provide evidence of the defendant’s driving history and information regarding his/her suspended driving license while the is about DUI and this only is to highlight that defendant has a bad history. The same can be happened while the jury listen a case regarding DWLS charges.
Where a defendant has been charged with drugs and driving with a suspended driving under or the influence of alcohol or revoked license in the same case, it is important for the defendant lawyer to file a motion to sever those charges so the state is not permitted to admit unnecessary and prejudicial evidence against the defendant at the trial. The jury has to hear the evidences that are concerned to the specific particular case or charges.
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