Yoel Molina :
All DUI CASES HAVE A DEFENSE!
But you must choose an attorney with the experience and
knowledge so that you can be properly
defended! (Please see below!)
A simple plea or post verdict DUI conviction can have
devastating economic effects on you and your family. Your
immediate and future financial stake may be compromised.
Insurance
A DUI conviction can lead to increases insurance rates for
you and everyone else in the home. Your insurance
companies may decide to cancel or to not renew your
insurance policy. If you have no insurance your license
may be suspend and will remain that way until you are able
to secure a new insurance policy.
Suspension
A conviction for DUI (by plea or after trial) can lead
to your license being suspended from anywhere from 6
months to permanently.
Economic impact
The conviction of a DUI can lead to the loss of
employment, the loss of the ability to earn an income, the
time and actual costs of attending court ordered courses,
costs of classes and costs of treatment. You will be
ordered to pay fines, court costs, probation costs and
take time out of your schedule to complete community
service hours. And you can only imagine the impact
to your family’s financial state if you are sentence to
jail.
None of this has to happen if you aggressively defend
yourself with the aide of a competent attorney ...!
Many police officers’ are poorly trained and use
antiquated methods to detect “drunk drivers” (But this
fact is of little value to you unless it is investigated
and brought to light.)
The breath machines can provide false readings and may be
improperly maintained and modified. (But the machine
reading must be properly challenged and the state must be
required to prove that the machine works properly.)
Officers often time do not follow the proper procedures
when investigating DUI suspects. (The officers’ background
and training as well as the case itself must be properly
investigated to bring this out.)
Officers rarely taken into consideration any illnesses,
injuries or fatigue the suspect may be suffering. (The
proper interview of the client by his attorney can bring
out proper information and relevant information that may
explain the performance on the “roadside exercises.”)
Otherwise innocent facts (watery eyes, flush faced, blush
shot eyes, etc) are automatically assigned indications of
intoxication when a DUI investigation is commenced. (An
experience attorney, like Yoel Molina, can properly
explain and attribute these conditions, if applicable to
your case, to the appropriate innocent behavior)
Roadside conditions (traffic, weather, uneven sidewalks,
poorly lit areas, police lights that can cause dizziness)
are rarely considered in your favor, but your attorney
must have the ability and knowledge to evaluate your case
and see if these issues apply to your case so that they
can be used in your defense.
Kenneth Walton:
A defendant is guaranteed the right to a public trial under the Sixth Amendment of the United States Constitution. The right to a public trial is also an element of the defendant's due process rights, which rights are guaranteed under the Fourteenth Amendment of the United States Constitution. In addition, states have enacted provisions in their constitutions that guarantee a defendant's right to a public trial. The public also has a right to attend criminal trials under the First Amendment of the United States Constitution.
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’Äôs 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 ’Äúkeep blowing’Äù 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’Äôs partition ratio
above or below 2100:1?