Blog Posts in August, 2017

How Important are Videos in DUI Cases?

Police dashcam videos show how important the use of video technology can be when defending a DUI case. In the case of one such video, three police officers involved from Oklahoma were suspended for lying in police reports about the DUI arrest. In Miami-Dade County, Florida police agencies across the board discontinued the use of dash-mounted cameras and in-station cameras nearly two decades ago. ...

What is the Margin of Error in a Blood Test?

Some drivers assume that a blood draw test will prove that they are not driving drunk; however, this can be a false assumption. There is little room to argue that the blood alcohol instrument (Gas Chromatograph) has a significant error, sufficient to create reasonable doubt that the defendant is guilty. When it comes to testing for blood alcohol concentration (BAC) in a driver’s system, blood ...

I Failed the Field Sobriety Tests - Is There Hope That I Can Avoid a Conviction?

When you are pulled over for suspicion of driving under the influence (DUI) of drugs or alcohol and the police officer asks you to submit to a few field sobriety tests, in most cases the wise choice is simply to refuse. You can’t be punished for refusal and it is possible that the officer doesn’t have the means to conduct any blood, breath, or urine tests right then and there. However, if you are ...

Can I Turn Away from a DUI Checkpoint?

According to the Governor Highway Safety Association (GHSA), “Sobriety checkpoints (also called DUI checkpoints) are locations where law enforcement officers are stationed to check drivers for signs of intoxication and impairment.” Many states utilize DUI checkpoints as a part of their bigger anti-drinking and driving campaign, and Florida is one of them. The GHSA says that Florida conducts 15 to ...

DUI Laws - Past and Present

There were 9,878 traffic fatalities involving drunk driving in 2011, according to the National Highway Transportation Safety Association (NHTSA.) While even one death is too many, that number has decreased dramatically over the last 30 years. In 1982, there were 21,113 such fatalities. This decrease is due, in no small part, to the efforts to change both legislation and public opinion by groups ...

New Florida Domestic Violence Laws Go Into Effect October 1, 2017

Florida's Governor Rick Scott recently signed revisions to Florida's Domestic Violence laws. The changes to Florida law, which take effect on October 1st, 2017, focus on 1) minimum jail sentences for domestic violence; 2) domestic violence in the presence of a child, and 3) withholds of adjudication which previously allowed certain convicted defendants to still possess firearms. Minimum jail ...

What Five Questions Should You Ask Your DUI Attorney?

Regardless of the circumstances surrounding your DUI arrest, it has the potential to impact the rest of your life. Time in jail, heavy fines, and a suspended license are all consequences you could face without the right defense team protecting your rights. But how do you choose the right attorney? While there is a huge market for DUI lawyers, selecting a successful one can sometimes feel like ...

Can I Challenge a Police Report?

Anytime that law enforcement is involved in an incident, no matter how minor, a police report will be filed that details what the police on the scene observed. This will include a detailed recollection of events and explain what evidence law enforcement found to bring charges against you. In a DUI arrest, this police report will generally include the results of a PAS test, chemical test, and all ...