A six-person jury found Dan Priotti, 44, guilty of drunk driving in a one-day trial, his third DUI within 10 years, a charge resulting in a felony and the likelihood of jail or prison time when Circuit Judge Terence Perkins sentences Priotti on June 17. Friday’s trial included a motion for a mistrial over a key revelation the jury was not supposed to have heard: Priotti’s prior DUIs. The judge denied the motion, opening the way for a certain appeal.
Priotti, who owns Agua Construction Company, a pool-contracting business in Palm Coast, gained notoriety when he was trespassed from Palm Coast City Hall in 2016 on allegations that city employees considered him hostile and offensive, an action not revoked until last year (after the city revoked a secret “difficult citizens” list), and when Priotti sought an appointment to the county’s Contractor Review Board in 2019. He was not appointed.
He’s had several arrests on minor charges since 2010, never spending more than a few hours in jail each time. The jury was unaware, or was supposed to be unaware, of his criminal history.
A longer stint in jail or prison concerned Perkins because of Priotti’s disability: he is in a wheelchair and has no motor functions below the waist, according to his attorney. He was allowed to stay out on bond until sentencing.
The trial on Friday was notable in several regards: it was the rare case of a DUI charge against a disabled person, where the defense made law enforcement’s handling of Priotti’s disability during field sobriety exercises a central plank in its strategy. The judge gave Priotti a last-minute chance to resolve the case with a plea, all but offering house arrest to avoid jail time, which Priotti rejected. And the introduction of evidence by way of a trooper’s video included brief segments that were supposed to have been kept away from the jury. They were not, giving the defense a significant opening for grounds to appeal.
The prosecution almost always extends defendants settlement offers before trial. But what that offer may have been was unclear before trial, even to Perkins. But the judge still tried hard to get Priotti to go for a settlement, even as the jury was in a room down the hall, waiting to walk in.
“The state wants a prison sentence,” the judge told Priotti–not just jail time. Last October, another local business owner, Terry McManus, whose management company at the time was running the Ocean Palms Golf Club, was sentenced to four years in prison by Circuit Judge Chris France after being found guilty of his third DUI in 10 years. Florida law calls for a minimum of 30 days in jail, and a maximum of five years in prison, for a third DUI in 10 years.
“Here’s what my fear is. And let me be real candid about it,” Perkins continued. “My concern is that if you get convicted, the state is going to be asking to put you in prison, and you have a unique medical need. That would be really difficult to address both in prison, and frankly, in jail, in any incarcerated circumstance. I just think it’s difficult. Can they handle it? Of course they can handle it, they can handle and have handled a lot worse. But is it difficult for you? More difficult than maybe for the next guy? Probably so. And so I want to make sure that we all go into this with our eyes wide open, because the state is going to argue that at some point, I’m going to really have no choice but to put you in jail at least for 30 days and maybe they’re going to be asking for not just jail but prison in this case.”
Perkins, through a plea deal, wanted to “see if we could somehow fashion a community based sanction that keeps you out of jail or prison so that you can pursue treatment with your own doctors, pursue whatever accommodations you need at home that you already have and that you’re used to doing, so that we wouldn’t have to impose an incarcerative sentence.” Community-based sanction would mean house arrest, with allowances to go to work. “So I’m interested in seeing if there is any room for discussion with regard to the state and the defense.”
Five minutes from now, Perkins told Priotti, that avenue would be off the table. It actually took 15 seconds.
“So if we’re going to resolve the case, now’s the time. Do you have any interest in that, Mr. Priotti?” the judge asked him.
“No, sir. I have an interest in the trial,” Priotti replied.
“Okay. We’re ready to bring in our jury? Let’s bring them in.”
On June 7, 2019, Priotti was clocked driving at 99 miles per hour in a 70 mph zone on I-95 late that night. He was pulled over by a Florida Highway Patrol trooper, later joined by another. The trooper “could immediately smell a very strong odor of alcohol emitting from the cab of this truck,” the prosecutor said, while Priotti had “red bloodshot glassy eyes and he had a flush face.” Priotti said he had two or three tequila drinks around 9 p.m. that night. Since Priotti is in a wheelchair, he performed an altered version of the field sobriety exercises. The trooper determined Priotti to be impaired, and arrested him. Priotti refused to take a breath analysis. A dashcam video recorded the incident.
The prosecutor called it a “straightforward case” of driving impaired.
The defense focused on Priotti’s disability. “To know if his normal faculties were impaired, we have to know what normal faculties are right,” McKenna Mundy told the jury in her opening argument. “What are normal faculties? There’s walking, there’s talking, there’s balance, there’s cognitive ability, there’s depth perception, and things like that. Now some of you might have noticed that Mr. Priotti is wheelchair-bound. You may or may not know that he only has function and control from here up, anything down below–no muscle control, no control of bodily functions. I’m not saying that to make you feel bad for him or because I want you to pity him. I say that because his normal faculties are not the same as my normal faculties, they’re not the same as Mr. [Aaron] Delgado’s, likely the state attorney’s, likely many of yours. He has different faculties, and the officers that responded to that DUI investigation that evening. Just weren’t prepared to handle that situation.” (Delgado is the lead defense attorney.)
Priotti, the defense argued, had been pulled over for speeding–not weaving in and out of lanes, which was not observed or testified to. He acknowledged having some drinks earlier that evening, as did his passenger, explaining the odor in the truck, the attorney said. “Then the officers wanted him to perform FSEs,” Mundy said, using the acronym for field sobriety exercises. “That’s where they get stuck. They have no idea how to do FSEs for someone in the wheelchair.”
The cops are heard saying so. “I’m not saying they’re bad officers or it’s their fault that they weren’t prepared to do this on someone that is wheelchair bound,” Mundy said. “Maybe, maybe not. But it’s certainly not Mr. Priotti’s fault that they weren’t prepared to handle his situation. And he can’t be held accountable for their lack of training or experience in that area.” In contrast, Priotti, she said, was able to maneuver his way “without any flaw” out of the cab of the truck and into his wheelchair, conducting a maneuver that would prove he had all the necessary faculties to be in control of his capacities.
That’s what Priotti’s attorneys rested their defense on: his ability to place himself into a wheelchair, from his truck, “without hesitation.” It was a fallible foundation on which to counter two troopers’ observations, Priotti’s refusal to take a breath test and his speeding nearly 30 miles per hour over the speed limit, and in the end the jury didn’t buy it.
That may prove immaterial if the defense makes its case on appeal that information the jury was not supposed to have heard, like Priotti’s prior drunk driving convictions, was nevertheless in the video recording the jury watched. Delgado, the defense attorney, brought up the issue after the playing of a lengthy video, once the jury was removed from the courtroom.
“There are several times on there where he talks about his prior DUIs,” Delgado told the judge. “We were told that would be redacted. I guess I can say I should have watched all 43 minutes. I just thought that it would be redacted per our agreement. So I may have to move for a mistrial based on the jury having heard those statements from my client, and if the court denies the mistrial, then I think we need to have the video edited so that if it does go back to the jury, they can’t watch that testimony.”
The defense said Priotti talked about his prior convictions in a “very mumbled” way and during “crosstalk,” making it unlikely that the jury heard it. But in the video, Priotti is clearly heard telling the trooper, “I’ve had a DUI before.”
The prosecution conceded that instance. The rules of a fair trial are such that a defendant’s prior convictions are not allowed to be discussed or alluded to, so as not to prejudice the jury regarding the charge in play. “Unfortunately, we missed it, I don’t know how, but I certainly caught it when we played that video” Assistant State Attorney Mike Willard said. “I would argue, your honor, again, this was unintentional, it certainly wasn’t a focus.” He proposed showing the video to the jury again, properly redacted. “I would argue that it is not material, it was not something that was focused on, it’s an isolated event.”
Delgado said he would not presume to put himself in the jurors’ position as to what they did and did not hear. “It’s very prejudicial about being probative,” he said. “I don’t think that we shouldn’t have to guess as to the impact it would have on the jury. It’s just classically inadmissible evidence. It should have not been included. And I’m not attributing malice or intent to the state. These things happen.” But the fact that it happened was a serious breach, Delgado argued–and moved for a mistrial.
Perkins denied it. “Even listening pretty closely to it, it doesn’t come across as the pejorative, you know, ‘I got a history of this kind of thing,’” Perkins said. “ It didn’t come across as in any way inappropriate or as an admission in that respect. I also note that it wasn’t elicited by anything any of the officers said under any circumstance. This is just something that was said by your client under the circumstances. That doesn’t make it admissible, I understand that part. But at the end of the day, I find it harmless. That being said, because I don’t mean to presuppose what the jury heard, but I would imagine that none of them heard that.”
Perkins offered Delgado “curative instructions,” meaning that the judge would let the jury know that what they heard should not have been introduced as part of the evidence. But Perkins said doing so would only focus the jury on the very element it was not supposed to have heard. So he asked that there be no such instruction. But Delgado wanted the video properly redacted, just in case the jury were to ask to watch it again during deliberations.
The jury did no such thing. It deliberated less than 35 minutes, suggesting that for its six members, it was, as the defense had suggested in its opening argument, a straightforward case.
Disclosure: Aaron Delgado is a member of the FlaglerLive Board of Directors. He was not interviewed, on background or for the record, for this article or in connection with any previous hearings or steps in the case.
Yes u should go says
This dude is a no good person!! If any one deserves prison time it’s this guy right here. He has always used his disability as a way out he got his disability as a result of one of his dui accidents think he would of learned
Dennis C Rathasm says
POPPYCOCK!!!!! A DRUNK IS A DRUNK!!!! Take his licence before this ingrate kills someone….
Steve says
He gambled and lost. We won by getting him off the road and potentially prison time. 3rd DUI Conviction you would think he’d get it at some point.
Jimbo99 says
Driving is a privilege. to be caught 3X speeding at nearly 30 mph over the speed limit over 10 years is habitual. At least theoretically, everybody has to play by the same rules on that. If I’m a betting man, I’ll wager this happens more often than 3X in 10 years. Here we have a handicapped individual that is most likely impaired every weekend, boozers & drug addicts are like that. It doesn’t matter how well they clean up for court date(s), what their role is in the community. The rules are there to protect every person on the roads. Anyone has an obligation to try to get around in this world with as safe a process for every man, woman, child, pet, wild animal, endangered species & property (did I miss anyone/anything ?). So flawed is catching this one in the act and continuing to allow that to happen. I don’t want to see a dude in a wheelchair in prison and law enforcement doesn’t get their jollies out of having to deal with this problem every weekend for binge/bender that he feels entitled to put the rest of us thru. When is it enough ? That he’s bought his way out prison time & time again. They aren’t abolishing alcohol. so drive your couch, not your pickup truck and you shouldn’t have anything more than cirrhosis of the liver in your lifetime. But know you did it to yourself and stop blaming the system that has been that lenient for decades. Somehow, I can’t help but have sympathy for him or anyone that alcohol has a grip on like that. But then I look at everyone else around me and one miserable & wretched soul should never take precedence over the safety & well being of an entire community of sober citizens just trying to get thru the decades of their lives with as much life fulfillment. Getting plastered & driving at his age isn’t a right of passage.
C’mon man says
Send him to prison. Should he get a free pass because he’s handicapped? If it was anyone else they wouldn’t have that argument and would get prison.
Ryan says
Consequences for ones actions
Concerned Citizen says
Disabled or not this guy continues to thumb his nose at Law Enforcement and Society in general.
How many breaks has he had up until now? Disabled and doing almost 100mph he can easily kill someone. Nope I think it’s time he pays the price of flagrant disregard. And gets some time away from us. Who knows it might save his life. And the next person that happens to drive next to him while he’s drunk and speeding.
Sorry if this sounds harsh. But DUI is a choice. Not a mistake. And a poor one at that.Tired of people calling it a mistake.
Ellen says
Three strikes your OUT, the best thing for the safety of the public is to put him in prison for awhile and he can dry out and think about innocent lives he could have harmed. Enough is enough. He obviously hasn’t learned his lesson from the first time.
Accident waiting to happen says
I can’t even fathom a drunk handicapped person driving 99 mph on I95 who has had 3 previous DUI’s, scary as hell. Please someone get him professional help. I shall never forget a horrific fatal accident back home of a family returning home from a relative’s wedding reception, this family did everything right hiring a private limo to drive them and their loved ones because they felt that they would be too tired or not sober enough to drive, so here comes that drunk driver in his pick up who hit them and split the limo in half. There was a child in that limo who died because of his selfishness, carelessness and bellligerence, this family will never recuperate.
Land of no turn signals says says
Had him come over my house a give me a pool estimate. Out of no where told been clean and sober for years.Glad I passed on hiring him had enough problems with my house builder attention to detail my ass.
Anonymous says
Dan hasn’t had any alcohol in 2 1/2 years, yes he has made plenty of mistakes but he has changed and I just feel like people who are judging him, worried about their safety on the road or wishing him cirrhosis should know he’s not a drunk today. People can change and learn from their mistakes
Concerned Citizen says
Your loyalty to your friend is commendable. But..
He had 3 DUI’S in a 10 year time period. And DUI is not a mistake. It’s a choice. I suppose I need to say that louder for the folks in the back. Years ago as a young Deputy I lost a girlfriend who was killed coming home from work by someone much like this guy. She was an ER Nurse and had just saved a life before going home. The dude that killed her walked away with minimal injuries and a laughable sentence when it was all said and done. He got a break. She didn’t. Didn’t her life matter?
All told between Law Enforcement and Fire Rescue I spent over 25 years of my life witnessing the end results of guys like this. Have you ever worked a crash scene where a DUI with a fatality was involved? I have. And it’s always unpleasant. I have zero sympathy for anyone who chooses to get behind the wheel of a vehicle and drive irresponsibly. Hopefully he has like you said learned from his poor choices. But time will tell
Accident waiting to happen says
Did you ever hear the expression “Misery loves company”, from what I’m reading on hear about this person fits that to a T with many unpleasant encounters with the public, and where did anyone on here wish him cirrhosis??? If anyone is a true friend of his they will help him get to rehab. Some people need to go back more than once.
Richard Hastings says
A while back, when I read on FlaglerLive that this gentleman (I use this term loosely) ran for some sort of office in Palm Coast or Flagler County, I sent in a comment sincerely hoping he was not elected. Aside from his self-destructive as well as dangerous habit of driving drunk and getting 3 DUI’s, he is a real menace to society. And, by the way, if he got caught and charged with 3 DUI’s, it’s reasonable to assume he drives drunk all the time. I managed a business in town for over 15 years. This “gentleman” would stop in every few months and ALWAYS created an ugly scene with managers, employees and other customers. A number of other business owners around my vicinity as well as others around town, often described their very negative encounters with him. He is and has always been a bullying, mean and nasty person. He hides behind his disability (which I believe he acquired while driving drunk), and gets away with extremely anti-social behavior. I hope they throw the book at him this time, and, at the very least, take away is driving privileges. It’s just a matter of time before he either seriously injures or kills someone.
Such Perfect People says
Dan Priotti is a difficult person to say the least. However he is a good person inside. How does a disabled person who holds 3 contractors licenses and operates 4 separate businesses from a wheelchair hide behind his disability? How perfect are you to judge him? How many times have you exceeded the speed limit even by one mile per hour? Was your breaking of the law not the same? Is there a degree of right and wrong? What Dan has accomplished from his wheelchair (behind his disability) is to most an amazing feat. Sure that all his accomplishments pale in comparison to your insignificant contributions to society. This strange feeling you have which causes harsh judgements and condemnation of a person you know nothing about is called jealousy. Welcome to Florida 95 does go north.
Accident waiting to happen says
Such Perfect People: No one is perfect , I agree with you in this aspect, but I ask you what would it take for this person to learn some lessons in life??? Instead of getting behind a wheel of a truck that evening why couldn’t he have someone who was sober take that wheel, and WHY for goodness sake drive almost 30mph more than the speed limit on I95 where we have the most horrendous fatal accidents without anyone drunk! Have you ever lost a loved one to a drunken driver? Thank goodness he was not hurt and did not hurt others. Mr. Parotti seems to have gotten alot of chances in life and seems to think that he is invincible, one would think that he would take that good person on the inside to the outside world. Jealously is the only thing you can come up with? You are doing a great disservice to Mr. Perotti who clearly needs professional help and to have respect for others.
True friend. says
[Note: the IP address for this comment is connected to Dan Priotti, who would be violating the comment policy if he is in fact commenting under an assumed name to a story where he is named, or using multiple different nick-names to make it appear as if several people are reflecting his point of view.–FL]
Mr. Priotti was sober and bringing a drunk guy home. Priotti may be a a a little difficult when dealing with police amd has learned over the years. Bit one thing Mr. priotti is is a man of integrity. He won’t candy coat anything amd has admitted to his fault in his early years. Once he came back from college at 33 in 2011 he achieved many accomplishments amd actually has been pretty alcohol free amd then after his dad died hasn’t been a lot more easier to deal with. Amd we all of his real friends know he hasn’t drank in close to 3 years now so to this . His words. I won’t drink or touch alcohol that way they will need we have nothing on me. So for all you who think and judge this man. Get to know him. He’s not as bad as flager live has made him out to be.
Concerned Citizen says
If you’ve read the comments a good many of us have had dealings with this individual. He’s well known around town.
Along with his liking to drink and drive
I myself am concerned with the fact that he’s had 3 DUI’s in 10 years. And with the last one was driving more than 30mph over the speed limit. I’ve been personally affected by someone much like him. And in my career dealt on a regular basis with the end results of people who acted similar. (My contribution to society thank you.)
It amazes me when folks like you tell us we can’t have different opinions. And if we do then to take a hike. In my life time I’ve more than earned the right to speak out about drunk driving. So no I won’t take 95N
Regardless of what good deeds he may have done DUI is a choice. Not a mistake. I will say it again louder for the folks in the back. You intentionally drink and then get in the car and endanger others lives.Same goes for texting, playing with devices or (gasp, smoking pot).
Life is fleeting enough as it is. Why shorten yours or more often than not someone else’s because you get behind the wheel of a vehicle and make poor choices (not mistakes) and do stupid stuff. I spent over 25 years total between Law Enforcement then retired from Fire Rescue. I can tell you that a large percentage of the calls we ran were either DUI or some other form of impaired driving. And when fatalities are involved it saddens you.
I understand your need to defend him though. But perhaps some hard talks as a friend to friend to point him right are needed. And maybe helping him get around some so he’s not behind a wheel of a vehicle. At least until he calms down. And works out his issues. Sometimes it just takes something to flip that switch and get someone going on the right path again,
None says
Do you know Dan personally? Do you drink? Do you know alcoholism is a disease and not a mistake? Do you know dan is a veteran? Many people can assume they know what took place from a flagler live story that the attorny sits o. The board. I’d be questioning that. Mr. priotti was in fact sober that night. He was bringing a drink guy home, he was also in a new truck with new hand controls that got Stuck . All documented that the attorny on record at the time never used. As well as call in local politicians that were with Me. Priotti a couple hours prior to this.
So yes people change and yes mr.Priotti has been sober close to 3 years now. Bit you all act like you know this man or ever walked a day in his shoes,
Home Owner Palm Coast says
I know him. He has called be on many a Sunday in the last year hammered. He is a dirt bag using his disability that he received in a DUI accident he caused.
Poetic justice says
Do you know Dan personally? He has a liking to drinking and driving? Are you serious? This statement makes you look extremely unintelligent. I’d advise you to go to the court records and follow the mistrial: the state messed up Priottti’s original attorny was fired. I’d guess laziness of thinking priotti would plead to something he didn’t do. Amd never did his legal obligations to defend priotti. Priottti is a man of integrity and principals. He has pleaded guilty to two previous dui 1 when he was 22 1 at 32. He did not have 3 dui in 10 years like this article states. The law is 3rd with in 10 years of last one. Bit from following this case the state keep continuing as they had nothing to hold. Seems priottis attorny knowing he has money, could charge him more for mistrial and appeals . Seems to me priotti has grown up. I see him donating to many good causes around town as well as drinking Arnold palmers. Since you all comment like you know him has any one seen him with a drink on his had in the last 3 years? The Answr is NO . Flagler live has had it out for Dan and so has the city of palm coast for years due to priotti always standing up for him self and not letting government walk all over him. Maybe you people could learn a thing or two about integrity something priotti holds close to him.
Accident waiting to happen says
Poetic justice: Did you ever hear of a dry drunk??? A person may no longer drink but maintains the same behavior patterns of an alcoholic , despite a person who leaves alcohol and de addicts themeselves still there personalities are embodied in their drunkard selves. During the phase of a dry drunk the addict faces restlessness, frustration, anger, impatience and craving. It takes a long time for a person who is in to their sobriety to overcome these feelings but as their sobriety continues the less intense these periods of dry drunkenness continues. And you did not address the issue of Mr. Perotti going 30mph over the speed limit which is another issue in itself.
Concern concerned for judgmental people says
[Note: the IP address for this comment is connected to Dan Priotti, who would be violating the comment policy if he is in fact commenting under an assumed name to a story where he is named, or using multiple different nick-names to make it appear as if several people are reflecting his point of view.–FL]
30 mph over was caused by his malfunction in his hand controls. A dry drunk is still sober correct? A bad attitude is not illegal as far as the law is at this point corect? It’s clear you don’t know Dan or you would know he has changed in many way. All for the better. You can all assume but none of you really know.
Accident waiting to happen says
Concern concerned for judgmental people: You make no sense what so ever, You mean to tell us that one doesn’t know when they are going 30 MPH over the speed limit and now you blame this on the speed controls of the vehicle???? Maybe if one was going 5 or 10 MPH over the speed limit we can understand but 30 mph one should feel this when driving despite faulty controls! My comment is not about questioning Mr. Perotti’s sobriety, it was more so about him getting and seeking the help he may need cause you are doing a great disservice to him.
Crystal says
Regardless of the disability he should be treated like anyone else! If it was me, I’d be in jail!! He is a miserable man anyway!! Lock him up!
Home Owner Palm Coast says
Complete dirt bag. Unfortunately I used him as a contractor for a job in Palm Coast. The 2 month job took 2 years. He would call me drunk on Sundays asking for crazy amounts of additional $$. Saying he hasn’t had a drink in 3 years is a complete lie! Check out the Flagler county contractor board agenda.
Lisa Edwards says
Three DUI’s is two, too many. When he kills someone, will it be your son or daughter? Are you willing to accept that it is you who are to blame for someone’s death at his hands? Will those of you who defended hime be attending that funeral to apologize to their loved ones? I certainly hope so. Actions do have consequences. Driving is not a right. He has had plenty of time to learn right from wrong and he believes he is above the law. He may need to get a driver and be inconvenienced. The truth is ugly and unpleasant, but it is still the truth.