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Ft. Lauderdale DUI Lawyers

• Pedro E. Dijols: A crime is a wrong committed by a person against a state or the federal government. Because a wrong is committed against all members of the community, not just the particular victim, the victim does not make the decision to prosecute the accused person. The state or federal government, acting as the people's representative, prosecutes the crime. A crime is punishable by imprisonment, fine, restitution, or other penalty.
• Richard Petryk: All lawyers involved in the criminal justice process, whether they are prosecuting or defending, must adhere to a complex set of rules of criminal procedure to ensure a fair trial. Because of this complicated procedure, only lawyers experienced in criminal defense law can effectively navigate the intricacies of the criminal justice system on behalf of the accused. Defense lawyers should become involved in the matter as early as possible, usually even before police interrogation begins. The police have the obligation to inform possible defendants of their right to counsel and the right to have counsel appointed by the court if they cannot afford to pay for one with their own resources. Most people have seen these warnings-often called "Miranda" warnings based on the case that made them mandatory-in television "cop" shows and crime dramas.
• Robert Malove: If you were arrested for DUI and took a breath test and scored a .08 or higher, or if you refused to take the test, then your license was suspended and you only have 10-days from the date of arrest to file a request for a special hearing. If you dont ask for a special hearing at the Florida Department of Highway Safety and Motor Vehicles Bureau of Administrative Reviews (DHSMV BAR), then your license will remain suspended for up to 18 months. Time is of the essence. DONT GET STUNG BY THE 10-DAY RULE!
• Schaet & Hoffman:

  CATEGORIES OF CRIMES

  Florida acknowledges two distinct categories of crimes, misdemeanors and felonies. There are two types of misdemeanors and three types of felonies.

  *MISDEMEANOR

  FIRST DEGREE misdemeanor is punishable by a maximum of 356 days of incarceration and a maximum of one year of probation. The minimum is 0 days of incarceration and 0 days of probation. The most common crimes that are in this category are: assault, battery, driving under the influence and marijuana possession.

  SECOND DEGREE misdemeanor is punishable by a maximum of 90 days of incarceration and a minimum of 0 days of incarceration.

  *FELONY

  FIRST DEGREE felony is the most serious charge in State Court. The maximum that an individual can be incarcerated is life imprisonment. The minimum days of incarceration depends on the charge. For example, drug trafficking is a first degree felony and carries a minimum of three years of imprisonment. The most common crimes that are in this category are: drug trafficking, murder, sexual battery and kidnapping.

  SECOND DEGREE felony is punishable by a maximum of 15 years of imprisonment. The minimum is 0 days of incarceration. The most common charge that are in this category are: aggravated battery, aggravated assault, possession of a controlled substance with intent to distribute and lewd and lascivious behavior.

  THIRD DEGREE is the most common felony. The maximum length of incarceration is five years, while, the minimum is 0 days in custody. The most common crimes that are in this category are possession of cocaine, felony driving with a suspended license, felony possession of marijuana and felony driving under the influence.

• Chris Fisher: The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
• Benjamin & Aaronson: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• Justin Weisberg: Appellate courts frequently state that "a defendant is entitled to a fair trial but not a perfect one" when invoking the "harmless error" doctrine to review trial court decisions. Essentially, the doctrine recognizes that some legal errors, however blatant they may be, are harmless. "Harmless errors" may not warrant a reversal of the trial court's verdict; the error must have possibly affected the outcome of trial before an appellate court will reverse a verdict based on that error.
• Goodwin Law Offices: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
• 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.
• Dell & Schaefer: "Mouth alcohol" refers to the existence of any alcohol in the mouth or esophagus. If this is present during a breath test, then the results will be falsely high. This is because the breath machine assumes that the breath is from the lungs; for complex physiological reasons, its internal computer multiplies the amount of alcohol by 2100. Thus, even a tiny amount of alcohol breathed directly into the machine from the mouth or throat can have a huge impact. Mouth alcohol can be caused in many ways. Belching, burping, hiccuping or vomiting within 20 minutes of taking the test can bring vapor from alcoholic beverages still in the stomach up into the mouth and throat. Taking a breath freshener can send a machine's reading way up (such products as Binaca and Listerine have alcohol in them); cough syrups and other products also contain alcohol. Dental bridges and dental caps can trap alcohol. Blood in the mouth from an injury is yet another source of inaccurate breath test results: breathed into the mouthpiece, any alcohol in the blood will be multiplied 2100 times.
• Scott Gunn: When you are arrested for Driving Under The Influence, you need an experienced criminal attorney to represent you.
• David Sale: Whether it's a trial or a plea bargain, it is your life and liberty that is at stake.
• Dale Cohen: The first question asked by most people who have been charged with DUI is, "do I need a lawyer?" No, you do not need a lawyer, what you need is a DUI lawyer. Defending a DUI is very different from handling any other type of criminal matter. The elements of the DUI offense are extremely technical in their details. This requires an attorney who is not just merely familiar with DUI's, but one who actually specializes in handling them.
• Jason Forman: An arrest for DUI can have very serious consequences. Your license may already be suspended if you refused to submit to the tests the officer "asked" you to do or if your blood alcohol level was .08 or higher. It is very important to know that you have only 10 days from the date of your arrest to challenge this administrative suspension. You must request a hearing within this 10-day period.
• Lustig & Associates: If a police officer pulls you over and asks you if you have been drinking and he smells any alcohol at all, there are two likely scenarios with vastly different outcomes which are likely to occur depending on which choice you make as the subject of the roadside investigation. If your response to the question is "just on drink or just one beer," you have joined the ranks of thousands of individuals who have been convicted of D.U.I. A conviction for D.U.I. remains on your record for life. So you may want to pay attention. "I had just one drink officer" may prompt the officer to ask you to step out of the car to perform roadside sobriety exercises and the breathalyzer back at the station.
• Michael J. Rocque: If you have been arrested for DUI it is important that you consult an attorney as soon as possible, preferably an attorney with a great deal of expertise in the area of DUI defense
• Norman Eliot Kent Of all the criminal charges that exist, the one that the "average and ordinary" citizen is most likely to be charged with is Driving Under the Influence (DUI). This is because DUI is not a crime that is reserved for hardened criminals. Rather, it is a crime that is often faced by people who are otherwise productive and law-abiding members of society. Anyone who is a social or casual consumer of alcohol has probably stepped behind the wheel of a car after having a drink or two and that is all it takes to be arrested and charged with DUI.
• Daniel Tedesco: If the police take your license at the scene, they will issue you a citation, which operates as a temporary drivers license for 10 days. During those 10 days, you or your attorney, if you retain one, must file an administrative appeal with the Florida Department of Motor Vehicles (DMV), in order to get an extension on your right to drive. A hearing on the legality of your administrative license suspension will then be scheduled. Missing the 10 day deadline will result in your drivers license being suspended at the end of the 10 day period. Once that occurs, you may be entitled to a limited right to drive, commonly referred to as a Work Permit, provided you have signed up for DUI school and pay the appropriate fees. But under those circumstances, you will not be able to drive for a 30 day period before getting the work permit.