If your breath alcohol level is below .08, often times cops will then ask you for a urine sample to determine if you have any drugs in your system. Cops can only request a urine sample if there is evidence that you are under the influence of narcotics. Recently, we represented an individual charged with d.u.i., where the cops did not have the evidence to request a urine sample but they did anway. Our Tampa D.U.I. lawyer filed a motion before the Judge to have the client’s urine results thrown out of court. Result- client received no conviction!!
September 28, 2009
September 24, 2009
A Tampa DUI Lawyer on Fighting Florida DUI Arrests
When most people think of fighting a criminal or traffic arrest they think of going to Criminal Court. Unlike most criminal cases, the Florida DUI is a two headed monster. Florida DUIs not only play out in a Criminal Court setting but also in an Administrative Hearing setting as well. In order to gain a full and complete victory on a DUI case, both battles must be won.
The first aspect of a Florida DUI that one must deal with is not the court…it is the DHSMV (Florida Department of Highway Safety and Motor Vehicles). Under the current State of Florida DUI law (8/26/2009) if a person takes a breath test and the results are over the legal limit of .08 then their Florida Driver’s License is suspended for 6 months. If they refused the breath test then their license is suspended for 1 full year or for 18 months if they previously refused. These suspensions can be challenged if a Formal Review Hearing is demanded with in 10 days of the date of arrest. In some situations a temporary driving permit is then given to the DUI arrestee which typically expires a few weeks after the hearing. During the hearing the Florida DUI Attorney can challenge the State’s evidence, question the State’s witnesses, present their own evidence and call their own witnesses. At the end of the hearing the Florida DUI Attorney may make motions demanding that the suspension be set aside. If the motions are granted then the Driver’s License is reinstated.
The Court battle is much longer and more complex than the Administrative battle. The Defendant (person arrested) must appear before the court at a hearing called an Arraignment. At this hearing he will be required by the court to enter a plea of Guilty or Not Guilty. If the plea is guilty then the court will sentence the defendant either on the spot or at a later date called a sentencing hearing. If the plea is not guilty then the Defendant may participate in the Discovery process. Discovery is the exchange of information between the two sides. It includes reports, pictures, videos, witness lists, statements, and testing data. Once the Discovery is completed the case will be set for a Trial. Either side may demand a Trial by Jury. If neither side wants a Jury Trial then a Judge Trial will be set. At either type of trial there is usually and opening statement with the State going first and Defense going second. Then the State presents its witnesses followed by the Defense witnesses. Once evidence is closed then each side gets a Closing Statement. The Jury is then instructed by the Judge and sent to deliberate. Once a verdict is returned by the Jury or Judge, it is read in open court. If the verdict is not guilty then the Defendant is released, if it is guilty then the Defendant is sentenced. If either side feels the Trial Judge made a mistake they have 30 days to file an appeal.
I am a practicing Florida DUI Attorney and a 13 year veteran of the Florida Criminal Justice system. I would recommend to anyone who is facing a DUI charge in Florida that they get an experienced and skilled Florida DUI Attorney to handle their case.
August 28, 2009
A Tampa DUI Lawyer on DUIs in Parked Cars
We have all heard about the guy who is passed out behind the wheel and was convicted of dui. Well that is not always the case! In a recent case we handled, our client was charged with DUI for driving his car into a closed business and then passing out behind the wheel. During our investigation, we located a key eyewitness who testified that our client was not behind the wheel as the police officer stated. Result- NO CONVICTION!
August 4, 2009
Operation 3D
In Tampa there is a public awareness plan to help the Hillsborough County Sheriff’s Office better deal with problems when drivers drink and drive, it’s called Operation 3D. The purpose of the program is to support and improve a driver’s willingness to comply with current traffic laws. Awareness and program success include news releases and PSA’s, or public service announcements. These are being placed and distributed through local media and other types of support information. This effort serves to support the enforcement of current state laws by the Sheriff’s Office. Other agencies are being involved to assure an enhanced level of safety for the overall traveling public and for all drivers using the roadways.
In June 2009 the program was focused on all of the Districts. Each night throughout June, a different area was scheduled for this activity. This included anything from heightened patrols, without BAT or transport, to Check Points and saturation patrols. Their purpose was to identify drivers suspected of some degree of intoxication while driving. These have been used from time to time.
Read more about Operation 3D...
Use of Subpoenas by the Florida DMV in DUI Cases
Did you know the Florida DMV must subpoena the Breath Test Maintenance Officer and Operator to the DUI Formal Review regarding a DUI related Administrative suspension or the suspension will be overturned? It’s perhaps the most important single procedure that can get messed up. There are numerous cases where events improperly handled have actually set aside a seeming conviction, all because it wasn’t handled by the DMV properly.
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As with anything to do with the law, there are many subtleties to the law. This is especially true in regards to a DUI arrest even in Florida. Evidence requests need to be timely for a driver to defend himself. If a driver facing DUI charges does not have adequate time or experienced counsel.
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If the subpoena is not handled properly and the officers and others involved do not do not produce the supporting documents an entire case can be invalidated according to Florida in certain cases. For one if the support documents of the officer’s case are not there for a DUI petitioner than a constitutional issue arises in the petitioner’s behalf. That issue is due process as the fact that the actual documents supporting the arresting officer’s contention are not present to be examined. Florida DMV expects to persevere someone needs to make after a DUI arrest needs to be made quickly. Given the tight time period it must be provided in less than a week, which is why an experienced DUI attorney needs to be in your corner as soon as possible after the arrest.
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Read more about Subpoenas in DUI Cases...
July 30, 2009
Fasten Your Seat Belts
In early May of this year Steve Bousquet of the Herald/Times Tallahassee Bureau reported the Florida law regarding the wearing of seatbelts was changing effective June 30, 2009. From that time on a Florida Police Officer can stop a driver for not having one on. If the officer believes alcohol or drug use seem to be present or appear in use the Officer can test the driver and then arrest a them for DUI.
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As many states get tougher about the wearing of seatbelts as an issue, Florida too arrived with a new version. It was reported throughout the media and in The Miami Herald that Governor Charlie Crist signed legislation allowing police in Florida to ticket drivers specifically for not wearing seat belts. This reverses public policy on a decades old policy for seat belts in Florida.
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Read more about seat belt laws...
July 15, 2009
Valid DUI Evidence Suppression?
Two cases are worth considering for anyone who is concerned about being stopped for a DUI in the state of Florida. Both cases have similarities, yet have had quite different outcomes, so far. The timing of the two arrests is interesting, both within 30 days of each other, as reported in the article at www.Jacksonville.com/news. Yet both had totally different outcomes. Each case had a core commonality, refusal to submit to DUI testing.
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...read more about DUI evidence suppression
July 13, 2009
Alternatives in protecting yourself against a DUI while having a good time.
There are alternatives things one can do to protect oneself from a DUI arrest. The first is a ‘designated driver’ for the outing.
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MADD, Mothers against Drunk Drivers suggest this solution to the drunken driving problem that exists. By using a designated driver you are not in a situation to be arrested. Arranging for a reliable designated driver may be a challenge if all your friends or fellow participants are planning to consume alcohol also. You and your friends can pool together and hire a limo service if the occasion is special enough and may be a fun way to prevent any problems that driving drunk can cause.
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Another possible alternative for greater safety and fun is staying at the event if it is at a hotel. There will be no worries about driving and what may happen and then you can return the next day. If it is at friend’s home, one time you can stay at their place and the next time they can stay with you; neither of you driving after drinking. Most people who drink recreationally on weekends or on special occasions aren’t always able to make the event into a mini-vacation to handle frequent activities of celebrations involving alcohol consumption. People can make arrangements with friends to have mutual get-togethers and stay over to eliminate the possibility of driving drunk.
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...read more about DUI protection