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MOTION TO SEVER OFFENSES
Defendant, XXXXX XXXXXX, by and through undersigned counsel and pursuant to Rule
3.152, Florida Rules of Criminal Procedure, requests this Court to sever charges
of offenses joined in the same Information in the above-styled case. As grounds
for this Motion, Defendant states as follows:
1. Defendant is charged by single Information with one count of Driving Under the
Influence (Count I) and one count Refusal to Give Breath, Urine, or Blood Test (Count
2. Under Rule 3.150(a), Florida Rules of Criminal Procedure (2011), two or more offenses
may be charged in the same indictment or information when the offenses are based
on the same acts or transactions or on two or more connected acts or transactions.
3. Although granting or denying a requested severance is within the trial court’s
sound discretion, a severance should be granted liberally when prejudice is likely
to flow from refusing the severance. State v. Vazquez, 419 So.2d 1088, 1090 (Fla.
4. The Florida Supreme Court has stated that, where a count requires proof of a prior
conviction, it is better practice to sever the count so as not to deprive a defendant
of the presumption of innocence. Id.
5. In the instant case, proof of the current Refusal charge would require the State
to present evidence of a prior DUI.
6. Defendant’s prior DUI has no relevance to the current DUI charge, and would unduly
prejudice Defendant by depriving Defendant of the presumption of innocence.
7. Practicality and efficiency cannot outweigh the defendant's right to a fair trial.
State v. Vazquez, 419 So. 2d 1088 (Fla. 1982). Furthermore, doubt as to the propriety
of severance should be resolved in favor of Defendant, since separate trials could
be held without harm to the interests of justice and, in turn, increase the likelihood
of a fair and error-free-trial.
WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order
severing Counts I and II from each other and try each charge at separate trial.