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Miami DUI Lawyers

  • Schulefand, Daniel: aying a fine is an admission of guilt. And the violation will stay on your record for three years. If you have additional violations during that time, the points you receive can increase your insurance rates. You should not pay a fine for a traffic ticket until you have talked with an experienced moving violations lawyer. If a lawyer represents you in court, in almost all cases the fine you pay will be less than you would have paid had you simply paid the fine.
  • Perez, Robert: The outcome of any criminal case depends upon several factors: the facts surrounding the charges, the strength of the evidence, the legal validity of law enforcement and courtroom procedures, and the goals and strategy of the government and defense.
  • Robbins, Tunkey, Ross, Amsel, Raben, Waxman and Eiglarsh: You are arrested when law enforcement officers take you into custody or otherwise deprive you of your freedom of movement in any significant way, in order to hold you to answer for a criminal offense. Police officers, under Florida law, are obligated to identify themselves and to advise you that you are under arrest and why, unless circumstances make it impossible for them to do so at that time. You may, in fact, be under arrest even though no one has actually used the word "arrest" or any other comparable word. The fact that you have been deprived of your freedom of movement in some significant manner may amount legally to an arrest. Ordinarily, private citizens do not have power of arrest in Florida; but under limited circumstances a private party may make an arrest where an actual commission of a felony is involved.
  • Jorge Calil: Driving under the influence (DUI), driving while intoxicated (DWI), boating under the influence (BUI), and related convictions, can carry serious fines and punishments. These fines and punishments include revocation of your license (loss of license), mandatory alcohol education treatment, increased insurance rates, heavy fines, possible jail time, and a criminal record.
  • McGhee & Associates: Depending on the state, officers are permitted to use a variety of tests to ascertain intoxication. The types of analyses can be grouped into two types - tests that require the suspect to actually do something (also referred to as evidentiary tests), and tests where the suspect is not asked to take any action by an officer (also referred to as preliminary tests). Evidentiary Tests Include: Blood sample Standing on one leg Touching nose Breath testing - blowing into tube Walk a straight line Horizontal gaze nystagmus test (HGN) - officer tests the amount of eye-jerking in the suspect when an object is made visible to him or her Preliminary Tests Include: Smelling of alcohol Unable to stand up straight Unable to walk properly Slurring speech Bloodshot eyes Poor or erratic driving Alcohol-related highway fatality statistics continue to be steady, thus it is likely police officers will continue to employ the above tests in determining intoxication. Additionally, officer testimonyregarding a suspect's intoxication likely carries the same weight as a skilled or expert witness.
  • McKenna & Obront: In order to conduct DUI checkpoints within the limits of the Fourth Amendment, law enforcement officers should operate stops in a manner minimally intrusive on the rights of motorists. Some of the characteristics of a constitutionally permissible DUI sobriety checkpoint might include: Checkpoint locations determined by commanders or first-line supervisors Advance publicity of the checkpoint Warning signs placed along the highway to notify motorists Adequate lighting Ample room to conduct the stop at a safe location Officers in full uniform and readily identifiable
  • Jonathan Meltz: Florida Law allows a person who has plead guilty or no contest to a crime and received a withhold of adjudication to request that the court remove the records from the view of the general public. However, certain crimes are not eligible.
  • Jeffrey Feiler: The life span of a criminal case may be as brief as a few days or remain unresolved for months, even years. Every criminal case has a beginning, middle and end. The possible stages of a criminal case, from start to end are, Police Investigation, Arrest, Bond Hearing, Case Review by the Prosecutor, Arraignment, Discovery, Plea Negotiations, Motions, Hearings, Trial, Dismissal or Sentencing, and Appeals. Not necessarily in that order. Proceedings differ in each Jurisdiction. For Example, a defendant is entitled to take sworn statements of witnesses (known as Depositions) in Florida (State Court Cases). However, depositions are not permitted in Federal Cases nor are they permitted in Colorado or most other states. The attitudes and policies of Prosecutors vary from one County to the next.
  • Levine, Busch, Schnepper & Stein: A cultural stigma has become associated with drunk driving that was not present in our society even a decade ago. Public perception categorizes people charged with drunk driving as criminals, even before they have been convicted of any crime. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition. A DUI - DWAI conviction in Florida carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal traffic offense, you are probably frightened, confused, and concerned about your future and that of your family. The selection of an experienced attorney is the first step towards regaining control of your life.
  • Dray Cabrera & Zacca: A conviction for drunk driving can have a significant impact on your life including inability to get to work if you lose your driver‚s license. You need an experienced attorney to defend your constitutionally guaranteed rights.
  • Best Weinstein & Associates: "Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison. Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
  • Parks & Braxton: The following is a list of some questions that can affect both the accuracy of the breath alcohol results as well as whether the result is admissible into evidence. 
    • Did the officer observe you for a period of 20 minutes prior to taking the breath test?

    • Did the officer tell you to ‚keep blowing‚ during the breath test?

    • Did the police officer have his/her radio on during the breath test?

    • Was the initial stop by the officer unlawful?

    • Was the arrest by the officer unlawful?

    • Was the machine properly calibrated?

    • Were you absorbing alcohol or eliminating alcohol at the time of the stop?

    • Did you finish drinking just prior to being pulled over?

    • Is your body‚s partition ratio above or below 2100:1?

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