Aggravated DUI Battery dismissed in Miami County; Plea of Guilty to DUI first offense
September 2026
Client was charged with Aggravated battery DUI following a 2-car collision in rural Miami County. DA charged client with Aggravated battery despite the "injury" to the defendant being: 1. very mild-marking on neck due to seat belt; and 2. no injuries to the other driver involved. Based on DUI statute, the injury must be to the other driver and must be significant enough to rise to the level of "aggravated battery." In this case, the injury was very minor and therefore the 'aggravated' element of the statute was not met. Due to the nature of the crash (T-bone at intersection), the client agreed to plead Guilty to the misdemeanor DUI charge as a first-time offender. She was placed on probation and required to complete alcohol classes. The result was both fair and just given that nature of the collision, non-injury to the victim, and the fact that insurance covered the other parties damages.
Practice area(s): DUI / DWI
