How to Get Your Kid a DUI Charge Dismissed
A Florida mom who was charged with DUI in her son’s fatal crash has filed a motion to dismiss the case.
In the motion, Jennifer Addams argues the trial court did not err in ruling that the manslaughter charge against her son, James Addams, was properly dismissed because he was under the influence of alcohol at the time of the crash.
Read moreIn the motion filed last week, Addams said she and her husband had been drinking heavily for days and that she had been unable to stop.
She also alleged that James Addars blood-alcohol content was 0.08.
She said he died at the scene of the accident, but her attorney claims the toxicology report shows no alcohol was present in his system at the moment of the collision.
In the wake of the death of her son on September 14, 2016, Florida Attorney General Pam Bondi called for a review of the case and asked the state’s Attorney General’s Office to conduct a thorough review of how the case was handled.
Bondi’s office had already reviewed the case after the crash and concluded that there was no reason to reopen the case, but that it did not find any evidence of alcohol or other drugs in Addams blood.
The Florida Department of Law Enforcement’s DUI program is required to conduct its own review of every case it receives, and in this case the agency found there was not enough evidence to file charges against Addams.
The Department of State Police also concluded that the State Medical Examiner’s Office, the medical examiner in the case that determined James Addames death, did not have the proper medical authority to perform autopsies or conduct a toxicology test on Addams before releasing the results of the toxicological test to the Florida Department for Forensic Science, which would have determined Addams alcohol level.
In addition, the State Police concluded that it was unlikely that Addams would have consumed alcohol or ingested drugs that could have caused the toxicities, which resulted in the state dropping the manslaughter charges.
In an interview with The Associated Press, Bondi said she had asked the Office of State Attorney General, which handles the Florida criminal justice system, to conduct the review and review it.
Bondis office did not immediately respond to a request for comment.
A representative from Bondi, who declined to be identified because the case is still active, said Bondi did not want to reopen Addams case until she had a more complete picture of the facts of the cause of death and whether alcohol played any role in the accident.
Bonds office said in a statement to the AP that the Department of Attorney General and the Florida Medical Examiner are conducting their own review.