"A plea offer should be weighed against the evidence the State could actually use in front of a jury. The client deserves an honest assessment of that evidence — and gets to make the call."
— Carolle El-Naffy
TL;DR – In State of Florida v. P.J., our client was charged with three counts of DUI with property damage/injury and one count of DUI. We moved to suppress our client's statement about having had alcoholic beverages before the accident, and the court granted the motion. Our client turned down an offer to plead to reckless driving. On the day of trial, the State dropped two counts (nolle prosequi). After a two-day jury trial, the jury found our client not guilty on both remaining charges.
This is the first case-result post on our blog. Every fact about the case below comes from the summary already published on our Case Results page. Where you might want more detail, we explain the general Florida law instead — the client's privacy comes first.
The Charges
Our client, P.J., was arrested for driving under the influence after a crash into two vehicles that caused property damage and injuries to passengers. The charges were:
- Three counts of DUI with property damage/injury
- One count of DUI
Under § 316.193(3), Florida Statutes, DUI with damage requires more than a DUI. The State must prove a DUI violation, that the person operated the vehicle, and that the operation caused or contributed to causing the damage or injury. DUI that causes damage to the property or person of another is a first-degree misdemeanor, punishable by up to one year in jail under § 775.082. If the operation causes serious bodily injury to another, the offense is a third-degree felony. For the full statute, see Florida Statute 316.193: The DUI Law Explained.
The Motion to Suppress
After P.J. retained our firm, we filed a motion to suppress our client's statement that they had alcoholic beverages before the accident. The court granted the motion, and we set the case for trial.
Speaking generally, in a DUI case an admission to drinking can be one of the most damaging pieces of evidence the State has. It speaks directly to the "under the influence" element, in the defendant's own words. When a judge suppresses a statement, the State generally cannot present it to the jury as evidence of guilt.
The Plea Offer, and Why Our Client Said No
Before trial, the State offered to change the charge to reckless driving. Our client declined, because they did not want anything on their record.
That choice belonged to our client. Under Rule 4-1.2 of the Rules Regulating The Florida Bar, whether to accept a plea is the client's decision, made after consulting with counsel.
Reckless driving can sound like a soft landing, but it is still a criminal offense in Florida, not a traffic ticket. Going to trial carries real risk too: Florida law does not allow a court to withhold adjudication on a DUI conviction (§ 316.656). Weighing those two paths is exactly the conversation a client and lawyer need to have before trial.
Trial Day: Two Counts Dropped
On the day of trial, the State dismissed two of the counts of DUI with property damage/injury by nolle prosequi. The case went to the jury on the remaining one count of DUI with property damage/injury and one count of DUI.
The Verdict
After two days of jury trial, the jury found our client not guilty of both charges.
Result: Acquitted by a jury on one count of DUI with property damage/injury and one count of DUI; nolle prosequi on two counts of DUI with property damage/injury.
In Florida, the State must prove every element beyond a reasonable doubt, and a verdict requires all jurors to agree (Fla. R. Crim. P. 3.440). A not guilty verdict is final — the Florida Constitution, Art. I, § 9 bars putting a person twice in jeopardy for the same offense.
What This Case Shows
- Statements deserve close scrutiny. In any DUI case, how and when a statement was obtained can affect whether a jury ever hears it.
- Charges can change right up to trial. Here, two counts were dropped on the day of trial. A case is not fixed by the charges filed at the start.
- A reduced charge is still a charge. A plea offer deserves a clear-eyed comparison against the evidence that would actually be admitted at trial.
- The decision is the client's. A lawyer's job is to give an honest assessment of the risks on both paths.
For more on how suppression works, see The Power of a Motion to Suppress in Criminal Defense.
What is a motion to suppress in a Florida DUI case?
A motion to suppress asks the judge to keep specific evidence out of trial because it was obtained unlawfully. Under Fla. R. Crim. P. 3.190(g), as amended effective July 13, 2026 (In re Amendments to Fla. R. Crim. P. 3.190, No. SC2024-0839), a defendant who claims the State obtained statements unlawfully may move to suppress them. The motion must identify the statements and the reasons for suppression, and it must be filed before trial or by a deadline the judge sets, unless there is good cause for the delay or the State does not object.
Statements can be challenged on several grounds, depending on the facts:
- Miranda. Warnings are required for custodial interrogation regardless of how minor the offense, but the U.S. Supreme Court has held that ordinary roadside questioning during a routine traffic stop is not "custodial" (Berkemer v. McCarty). Whether and when a driver was in custody is a fact question.
- Florida's crash-report privilege. Under § 316.066(4), statements made for a crash report generally may not be used as evidence at trial, although an officer may testify about a crash participant's statements if the person's privilege against self-incrimination was not violated.
- Corpus delicti. Before a defendant's confession or admission can be used against them, Florida requires independent, substantial evidence tending to show that the charged crime was committed, including the existence of each element; the defendant's identity as the person who committed it does not have to be proven independently (State v. Allen, 335 So. 2d 823 (Fla. 1976)).
The published summary of P.J.'s case does not state which grounds were argued, so we don't speculate here.
Is reckless driving a criminal conviction in Florida?
Yes. Reckless driving under § 316.192 — driving "in willful or wanton disregard for the safety of persons or property" — is a criminal offense, not a civil infraction (§ 318.17). A first conviction carries up to 90 days in jail, a fine of $25 to $500, or both; reckless driving that causes damage to the property or person of another is a first-degree misdemeanor, and causing serious bodily injury makes it a third-degree felony. A conviction also adds 4 points to a Florida driver license (§ 322.27). If a court adjudicates the person guilty, that record is not eligible for court-ordered sealing under § 943.059.
What does nolle prosequi mean in a Florida criminal case?
A nolle prosequi ("nolle pros") is the prosecutor's formal decision to stop prosecuting a charge. It is neither a conviction nor an acquittal. In general, the State may refile a nolle prossed charge, but it cannot use a nolle pros to get around Florida's speedy trial rule (Fla. R. Crim. P. 3.191(o)), and the statute of limitations still applies.
Does a not guilty verdict clear a DUI arrest from your record in Florida?
Not by itself in every case — the arrest record exists. Florida law directs the FDLE to automatically seal a criminal history record when the charges were dismissed or nolle prossed as to all counts, a not guilty verdict was rendered as to all counts, or a judgment of acquittal was entered as to all counts, with exceptions such as forcible felonies (§ 943.0595). The statute does not expressly address a case that ends in a mix — for example, some counts nolle prossed and the rest resolved by a not guilty verdict — so it is worth confirming with the FDLE whether a record was actually sealed. Even a sealed record is still kept by the FDLE and other criminal justice agencies. Separately, a person may petition for court-ordered expunction when charges were nolle prossed or dismissed or a not guilty verdict was rendered, subject to other requirements, including generally never having been adjudicated guilty of a criminal offense and never having had a prior record sealed or expunged (§ 943.0585). See Can You Seal or Expunge Your Criminal Record in Florida?
Past Results Do Not Guarantee a Similar Outcome
This post describes one case, as summarized on our Case Results page. Past results do not guarantee or predict a similar outcome in any other matter. Every case is different and turns on its own facts, evidence, and law. This article is general information, not legal advice, and reading it does not create an attorney-client relationship.
Charged With DUI in Broward or Miami-Dade? Get Advice Before You Decide on a Plea
Before you answer questions, accept an offer, or decide whether to go to trial, get an honest look at the evidence against you. Carolle El-Naffy defends DUI cases in Broward and Miami-Dade, from suppression motions through jury trial.
Call (305) 456-7576 75 Valencia Ave, Suite 800, Coral Gables, FL Confidential consultations available
