The Best DUI DefensesSuspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. ... Breath Alcohol Testing Can Be Inaccurate. ... Illegal Stop of Person or Vehicle. ... Field Sobriety Test is Inaccurate or Invalid. ... No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.
If any of the evidence can be shown as invalid or errors made during your arrest can be proven, the DUI charges against you will be dismissed or reduced to a lesser offense in most circumstances.
Probably, somewhere around 1 or 2% of cases actually make their way to trial, whereas the vast majority of cases end up in a plea agreement with another small percentage ending in the dismissal of the case in full.
about three to six monthsNow, there is one caveat to the timeline: a misdemeanor DUI case generally takes about three to six months for rural and suburban counties in Florida.
In most situations, it is not helpful to refuse to take a breathalyzer test. If you are convicted of a first-time DUI in Florida, you face fines, possible jail time, and could be required to have an ignition interlock device (IID) installed.
Criminal Penalties You May Face for a First-Time DUI Conviction. A conviction for a first-time DUI offense in the state of Florida could cost you as much as $1,000, up to six months in jail, the possibility of losing your driver's licenses for up to six months, and fifty hours of community service.
If you plead no contest or guilty at the time of arraignment, the judge will proceed to sentence you. The sentence may include such punishment as incarceration, a fine, probation, house arrest, license suspension, substance abuse treatment, etc. If you plead not guilty, the case will then be set for a pretrial hearing.
Your attorney goes before the court, and the judge decides on your case's important key issues, such as admissibility of evidence. Motions regarding discover may possibly be argued at your hearing. At an evidentiary hearing, the arresting officer usually gives a testimony.
When is DUI a Felony in Florida? Generally, a first or second DUI without any “aggravating factors” is prosecuted as a misdemeanor offense. For a first or second DUI to be charged as a felony, usually the impaired driver would have to cause serious bodily injury or death to another person.
To put it simply, it is possible for your first DUI offense in Florida to be reduced. However, to do so, it is almost essential to have the assistance of a knowledgeable criminal defense attorney on your side.
If you're facing a DUI charge in Florida, you could face serious penalties because prosecutors and judges take these crimes seriously. However, facing charges is not the same as being convicted. You still have the right to hire a DUI defense attorney to fight a DUI charge and protect your future.
Florida DUI CostsDUI FEESAttorney's Fees$2,500 to over $6,000Bail Bond$100-3000DUI Class- 1st Time Offender 2nd Time Offender$264 $395DMV BPO Hardship License: 1st Suspension- by DHSMV 2nd Suspension- by judge, if Convicted$223 $22312 more rows
Fort Lauderdale DUI Attorney, Michael Dye, represents individuals charged with all types of felonies and misdemeanors including, but not limited to contempt of court. For more information, please contact Mr. Dye at his Fort Lauderdale or Miami office:
Make any incriminating statements. If where you were or what you were doing had to do with anything that could be perceived as illegal, simply state “I am not going to answer any questions without a lawyer present.” You may get arrested anyways, but that is what attorneys are for.
The vast majority of the checkpoint videos that I have recently seen on Youtube involve what I call “cop baiting.” “Cop baiting” is when an individual does something stupid with the intent on getting under the cops skin and then turning around and acting like a victim when the officer gets upset . Cop baiting is not the simple act of being disrespectful towards a police officer. Cop baiting is going out of your way to intentionally provoke a response from a police officer. I have no sympathy for anybody who intentionally provokes a response from a police officer whether it be foul language or a smack upside the head.
Sitz was remanded to the Michigan Supreme Court, the Michigan Supreme Court ruled that the Constitution for the State of Michigan provided additional protections for drivers than the United States Constitution. Consequently, the Michigan Supreme Court ruled that checkpoints were not permitted pursuant to the State Constitution rather than the United States Constitution.
Provide the police officer with your license, registration and insurance;
In Brown v. Texas, 443 U.S. 47, 50, 99 S.Ct. 2637, 2640, 61 L.Ed.2d 357, 361 (1979). The Supreme Court stated that the trial court must look to “ (1) the gravity of the public concerns served by the seizure, (2) the degree to which the seizure advances the public interest, and (3) the severity of the interference with individual liberty.” Other cases that significantly modified how a checkpoint can be conducted are:
Most importantly, ROLL DOWN THE WINDOW! This seems to be all the trend on the cop baiting videos. The police officer cannot ask you questions with your window rolled up. If it is cracked the officer will claim he couldn’t hear you. Maybe you interfered with the states right to determine reasonable suspicion because he couldn’t tell if there was an odor of alcohol. Who knows what the police officer will say, but if you obstructed, you get arrested.
One of the first questions your criminal defense attorney should ask is: “Was the detention and arrest for DUI legal?”
Section 901.15 (1) , Florida Statutes, states that an officer may arrest a person without a warrant if that person has committed a misdemeanor in the presence of the officer.
The first exception is the traffic crash provision which permits an officer to make a misdemeanor DUI arrest if the officer’s investigation of the crash establishes “reasonable and probable grounds” for such an arrest. Florida Statute Section 316.645, Florida Statutes.
When the arresting officer didn’t actually witness all elements of the DUI offense, the court might throw put evidence. If evidence is suppressed, then your entire case might be dismissed.
one officer calls upon another for assistance and the combined observations of the two or more officers are united to establish the probable cause for the arrest (often called the “fellow officer” rule).
901.25 Florida Statutes provides that if an officer observes a person commit a crime in her own jurisdiction then the officer may pursue that person into another jurisdiction to affect an arrest (often called the hot pursuit exception).
When an arrest is made outside of one of those three circumstances, the DUI defense attorney can file a motion to suppress all evidence gained as a result of the illegal detention or arrest.
DUI, which stands for driving under the influence, is a term describing driving or operating any motor vehicle while under the influence or impairment of alcohol or narcotics.
There have been attempts across the US to challenge the legality of DUI checkpoints on fourth amendment grounds. The fourth amendment protects citizens against unreasonable search and seizure. Currently, 38 states and the District of Columbia permit law enforcement to set up DUI checkpoints, including Florida.
Officers at DUI checkpoints must select cars randomly under a neutral formula, such as every third car. Although it is legal to turn around before a checkpoint, this could potentially lead to additional attention from law enforcement and they could pull over this motorist based on erratic driving or a traffic violation.
First Appearance. The first appearance is a hearing that is held in jail within 24 hours of your being arrested for DUI. At this hearing, a judge informs you of your charges and reviews the police reports to determine whether there is probable cause for your detention. You will also be informed of your right to hire an attorney.
The first step in the Florida DUI court process is referred to as the arraignment, which is a formal hearing wherein you are charged with DUI and are to make your plea of not guilty or guilty.
All Florida DUI defendants, however, have a constitutional right to a trial by jury. A DUI jury trial consists of 7 jurors.
Pretrial Conference. The next step of the court process is a pretrial conference. A pretrial conference is a hearing scheduled several weeks after the arraignment and prior to trial, so as to update the judge on the progression of your case.
If you are found guilty, however, you will be given a sentence on the spot. The sentence may include classes, costs, fines, community service, and possibly even incarceration. By Denmon Pearlman Trial Lawyers, Florida.
Christian Denmon is an experienced DUI defense lawyer based in the Tampa Bay area and co-founder of Denmon & Denmon Trial Lawyers. Denmon & Denmon Trial Lawyers have tried more than 150 criminal cases to Jury, and have run countless other motions in defense of the accused, exonerating clients facing, first, second, third, and even fourth time DUIs in Court.
The date of your trial may or may not be postponed depending on any issues with further negotiations, discover, availability of witnesses or even conflicts in the attorneys’ schedule. Should negotiations go favorably, your attorney will discuss any offers with you, as well as any benefits or ramifications.