Not-Guilty Verdict in Criminal DUI Jury Trial

On September 23, 2010, a local Monroe County man was acquitted from one count of Driving under the Influence, commonly referred to as DUI. The offense of DUI is a charged as a violation of Florida Statute, 316.193. David Hutchison and Vincent Tubiana successfully argued during trial that the Defendant was not impaired from drugs or alcohol while he driving home with a passenger from dinner at a friend’s home. Hutchison and Tubiana’s theory of defense was premised on the fact that while their client consumed alcoholic beverages during the course of the evening, his normal faculties were not impaired in violation of the statute. David Hutchison aggressively impeached the police officer’s testimony during cross examination. This was all that Vincent Tubiana needed during his closing argument to convince the jury that their client was not guilty of the offense charged. Although the charge carried a maximum fine of $1,000.00 and up to one year in Monroe County jail, the jury needed less than 30 minutes during deliberation to return a unanimous verdict of not guilty.