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Search for Florida DUI
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Ft. Lauderdale DUI Lawyers
- Ivanshuk, Jeffrey:
Ten. In order to save your driver's license, you or your attorney must notify the driverŐs license bureau within the specified period of time!
Nine. You must notify the licensing bureau in writing and have a receipt of delivery.
Eight. Don't rely on a telephone call. This will not preserve your rights and you will have no proof.
Seven. If you do not act within the specified period, the licensing bureau will take action against your driving privileges immediately, whether you are in state or out of state.
Six. Even if you have a license from another state, and even if the officer did not take your license, your state may also take action against your driving privileges. Due to the sharing agreement between most states, things have become difficult for the convicted DUI driver.
Five. TEMPORARY DRIVER LICENSE'S are only valid for the time listed on the document provided. If you did not receive this document, you can ask the officer's supervisor to have this issue explained and clarified.
Four. Do not confuse the previous mentioned license issue with your court date! The most unrealized fact is that the state will punish you both by taking your license through administrative action and then punishing you again in criminal court. These are two separate proceedings!
Three. There are three (3) issues at Florida admin hearings, was there probable cause to stop the individual, did the officer find a reasonable suspicion and the taking or refusal of the breath test. If you refused, this fact will be used against you to imply that you are guilty. Usually you must explain refusals completely to win. Don't try this alone though; hearing officers are trained to handle these hearings.
Two. The state must satisfy the burden of proof to prevail on all issues. If the state satisfies the burden of proof on only part of the issues, you win. ItŐs the law!
One. All this attorney has to do is knock out one issue to save your license & you avoid the harsh civil penalties now being imposed by licensing bureaus in Florida!
DONT LOSE YOUR OPPORTUNITY TO CHALLENGE YOUR LICENSE SUSPENSION
I would like to speak with you!
I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.
- Ostrow & Amaroso:
If you are charged with DUI, you have only (10) days from your arrest to contest any potential driver license suspensions!
- Richard Bellis:
In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful.
Prosecutors decide whether to file charges against a defendant
Convictions may result in fine, jail, or both
The burden of proof is "beyond a reasonable doubt"
Usually the government will pay for your attorney if you can't afford one
Criminal defendants are almost always entitled to a jury trial
- Samuel Halpern:
Whether the length of a Terry detention violates the Fourth Amendment standard of reasonableness varies with the circumstances. In 1985, the Court held in U.S. v. Sharpe that the unreasonableness of a detention depends on "whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant." Applying this measure to the facts at hand, the Court approved of the 20-minute detention of a driver who had evaded drug agents, reasoning that the DEA agent "diligently pursued his investigation" and that there was no unnecessary delay involved.
- Kaplan & Singhal:
DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
- Lloyd Golburgh:
You have strong, valid defenses if you can answer yes to
any of the following questions:
- Did you have only a small amount to drink and
refuse the breath test?
- Did you look "good" on video despite having some
drinks?
- Were you not informed of your rights before
answering questions, performing roadside tests, or
taking a breath test?
- Do you have any illness or injuries that may cause
you balance difficulties?
- Were the field sobriety tests conducted on a
surface that was not flat, dry, well-lit, and
totally free of debris?
- Did the patrol car's lights blind you or disorient
you when you performed the field sobriety tests?
- Did you perform roadside tests near passing cars?
- Did the officer mistake your fear or exhaustion
for impairment?
- Do you have diabetes, hypoglycemia, or any medical
condition that may cause you to seem impaired?
- Were you involved in a traffic crash?
- Did you do well on the roadside tests?
- Did officers fail to watch you for 20 minutes
before you took your breath test?
- Did the officers ask you to remove your removeable
dental work and rinse your mouth before giving you
the breath test?
- Were you driving impaired by something other than
alcohol or a controlled substance?
- Were you driving impaired by drugs and didn't make
any admissions or provide a urine sample?
- Loring Spolter:
Was the breath test operator doing his or her job properly? Improper
administration of breath tests can lead to artificially inflated
alcohol readings. Police departments and prosecutors rarely
voluntarily disclose when breath tests were conducted improperly or
when DUI breath test machines are defective. That's why Loring N.
Spolter investigates the operational records of DUI breath test
machines and analyzes events occurring during the arrest process. When
uncovering improper police conduct or the use of faulty DUI breath test
equipment, Mr. Spolter files legal pleadings asking judges to dismiss
evidence or even whole cases pending against his clients.
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