An Orange County man twice faced trial for a DUI charge that resulted in two mistrials has petitioned the Court for a full dismissal of the case. Officers arrested the defendant, 41 year old William Earl Robinson, after witnessing him allegedly swerving in traffic at 3 a.m. on the morning of January 26, 2008. The arresting report states that Robinson failed roadside sobriety testing and refused to submit a breath test.
Robinson's first mistrial occurred on January 29, 2009 when a jury reached an impasse and could not agree on a verdict. The second mistrial for the charges of DUI occurred when the Assistant State Attorney, Daniel Jancha, violated the rights of the defense by speaking to the jury about Robinson's right to remain silent. The Judge in the case, the Honorable Peter Marshall, warned the State Attorney about his Courtroom conducted and declared the second DUI mistrial.
Robinson has petitioned the Court to dismiss all charges against him citing that a third jury selection would be considered double jeopardy. Judge Marshall stated he felt that even with "gross negligence" on behalf of the State, it was not enough to throw out the case. The defendant's petition is requesting a reversal of Marshall's previous order.
If you or a loved one has been charged with an Orlando DUI, contact a reputable attorney for help with your case. Musca Law has over 100 years of combined legal experience with convenient offices located across the State of Florida. You need guidance through the complex legal system. You only have one day in Court, make it count. Contact Musca Law for an in depth review of the charges against you.
