St. Petersburg Criminal Lawyer Blog
In Florida criminal proceedings, a defendant charged with DUI and related offenses may face significant challenges if the prosecution seeks to introduce prior convictions. These prior convictions can enhance the severity of the charges and potentially bias the jury. Federal and state courts must carefully balance the government’s evidentiary needs with the defendant’s right to a fair trial, as demonstrated in a recent Florida DUI case, which discussed the limits of severance and the proper use of bifurcated proceedings when prior DUI convictions are at issue. If you are charged with DUI or driving with a suspended license, a skilled Pensacola DUI defense attorney can advocate for legal safeguards that preserve your rights throughout the process.
Factual and Procedural Background
It is reported that the defendant was charged by information with two separate offenses arising from a single driving incident. The first count alleged driving under the influence (DUI) as a second or subsequent offense. The second count charged the defendant with knowingly driving with a license that had been suspended, canceled, or revoked. The prosecution intended to introduce evidence of a prior DUI conviction, specifically a judgment reflecting that the sentence included a six-month suspension of driving privileges. This judgment was offered to prove that the defendant had knowledge of her license suspension, a necessary element of the second charge.
Allegedly, the defendant moved to sever the two counts for separate trials, arguing that evidence of the prior DUI conviction would be prejudicial and could improperly influence the jury’s evaluation of the current DUI offense. The defense also requested bifurcation of the proceedings to ensure that the jury would only consider the prior DUI conviction if it first found the defendant guilty of the current DUI charge. The government opposed severance but agreed to bifurcated proceedings as to the prior conviction.
It is further reported that the defendant cited Florida law requiring bifurcated proceedings in cases involving subsequent DUI charges, pointing to precedent mandating that juries should not hear about a defendant’s prior DUI unless and until they determine guilt for the new offense. The defense argued that including the prior DUI conviction in a single unified trial would unfairly prejudice the jury by creating the impression that the defendant had a predisposition to commit the charged offenses.
Severance and Bifurcation in Florida Criminal Cases
The federal magistrate judge denied the motion to sever but granted the motion for bifurcation. In evaluating the severance request, the court applied Federal Rule of Criminal Procedure 14(a), which allows for severance if a joint trial of offenses would cause significant prejudice. The court acknowledged that joinder of the two charges in a single information was proper but emphasized that the defendant bore a heavy burden to show that a joint trial would result in specific and compelling prejudice. Citing Eleventh Circuit precedent, the court found the defendant’s claim of prejudice to be speculative and insufficient to justify severance.
The court also held that any risk of unfair prejudice from admitting the prior DUI conviction could be adequately cured through redaction. Specifically, references to the DUI charge would be redacted from the certified conviction and driving record introduced into evidence, thereby mitigating the potential for bias while still allowing the government to establish the defendant’s knowledge element for the license suspension charge.
In contrast, the court granted the defendant’s request for bifurcation. The court recognized that Florida law, particularly as articulated by the Florida Supreme Court in State v. Harbaugh, requires a bifurcated proceeding for subsequent DUI offenses. Under this approach, a single jury determines guilt for the present DUI charge before it is permitted to consider any evidence of prior DUI convictions. The court therefore ordered bifurcation to comply with this precedent, ensuring that the jury would hear about the prior DUI only in a second phase of the trial, and only if necessary.
Speak with a St. Petersburg DUI Defense Attorney Today
DUI cases involving prior convictions present complex legal challenges that can impact trial strategy and a defendant’s right to a fair proceeding. If you are facing DUI or license-related charges in Florida, the skilled St. Petersburg DUI defense attorneys at Hanlon Law are committed to protecting your rights and providing strategic, results-driven representation. Contact our St. Petersburg office today at 727-289-0222 or complete our online form to schedule a confidential consultation.