TEN STEPS TO WINNING YOUR DUI
Act quickly – You only have 10 days to address your suspension.
Get a lawyer with a proven track record.
Make sure your lawyer wants to win as much as you do.
Don’t hire a lawyer who treats you “Business as Usual”.
Find a lawyer who asks questions about YOU, your LIFE, and your FUTURE.
Question the lawyer about his/her knowledge the “Arresting officers, presiding judges, current prosecutors, administrative procedures”. (weed out the pretenders)
Get a comprehensive plan of attack.
Discuss potential pre-trial motions that may win your case without the risks associated with trial.
Ask the attorney point blank, “What do you do that the other attorneys don’t do?”
Hire the attorney that you are most convinced will do “ALL OF THE ABOVE”.
The Formal Review Hearing to Contest the Suspension
Some of the advantages to challenging the suspension are as follows:
- The formal review process is an important means of gathering evidence that may not otherwise be available. In dui cases you are not entitled to the depositions of the law enforcement officers associated with your case. Leave of court is required and not all judges allow for depositions. In other words, there is great significance to locking under oath statements of law enforcement as means of getting an edge on the State Attorney’s Office during the fight to win the criminal case.
- When an Administrative Suspension is won, more than just the License is returned to the client. While the suspension may only be for 6 or 12 months, the record of the DUI related suspension remains on your driving record for 75 years. In other words, a lifetime. Your criminal case could be won but a future employer can find about the case by pulling a copy of your driving transcript.
- In Miami-Dade County, the Bureau of Administrative Review (BAR) office is located at 7795 W Flagler St #82C, Miami, Florida 33144.
- The Broward County BAR office is located at 3718-3 West Oakland Park Blvd., Lauderdale Lakes, Florida 33311.
- The Palm Beach County BAR office is located at 2976 FL-15, Belle Glade, Florida 33430.
- All arrests that occur in Monroe County must be held telephonically and challenged at the Dade County BAR office listed above.
HOW WE ATTACK YOUR SUSPENSION
Grounds for Invalidating the Suspension:
At the Criminal Defense Center, P.A. we have won countless hearings for countless reasons. As stated earlier, there is no boilerplate defense. We customize our defense based on the uniqueness of every client, their life and the specific facts of their case. Some of the reasons the suspension may be invalidated are as follows:
1. There is a failure to show enough evidence that an individual was driving or in actual physical control of a motor vehicle.
2. Legally sufficient reading of the Implied Consent Law was not had.
3. The paperwork is not timely submitted from the Police Department to the DHSMV.
4. An illegal stop or an unreasonable detention occurred.
5. A legally sufficient malfunction of the intoxilyzer occurred or one of the breath readings is below a .08.
6. Significant confusion was created when the Law Enforcement Officer told the Defendant of his right to remain silent and then asked him/her for a sample of their breath under Florida Implied Consent Law.
7. A timely recanting of the Refusal when the ability to still perform a Breath Test was reasonable.
8. Improper conveyance of the appropriate procedures from when a person to get out of their car, the request to perform Field Sobriety Exercises and the arrest itself. There was a failure to perform in observation period ensuring that the Defendant did not vomit, regurgitate, belch or otherwise do any action that would take away from the scientific reliability of the Breath Test.
9. The Breath Test operator and/ or the agency did not have a valid permit.
10. The Intoxilyzer was not working properly, inspected properly or maintained properly.
Below are a list of motions that we have used successfully to win DUI cases. They include but are not limited to the following:
Motion to Dismiss;
Motion to Suppress Refusal;
Motion to Suppress DUI Test Results;
Motion to Suppress Statements;
Motion to Suppress Video Evidence (not all counties and/or agencies use video surveillance);
Motion to Suppress Blood Test Results;
Motion to Suppress Stop;
Motion to Suppress Arrest/Detention.
By attacking key pieces of evidence against our clients before that evidence is to be submitted to a Jury is perhaps the most crucial part of our practice. The ability to win a case without facing the risks associated with Trial is the best practice in DUI defense. A loss after a Jury Trial and exposed the client to penalties above the minimum mandatory requirements to be able to win the case or the very least to take away the most damaging evidence in the State Attorney’s case without risking jail or other enhanced penalties is crucial.