February 16, 2016

DUI Arrests

10 Ways to Beat a DUI in Florida

 

  1. ILLEGAL STOP IN FLORIDA: unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated a driver cannot be stopped. Similarly, a person cannot be seized unless a violation has occurred.
  2. WEAVING INSIDE THE LANES IS NOT ILLEGAL IN FLORIDA – weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.
  3. ANONYMOUS REPORT OF DRUNK DRIVING IN FLORIDA – a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.
  4. NON-STANDARDIZED FIELD TESTS ARE INVALID IN FLORIDA – neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.
  5. BOOKING ROOM VIDEOS IN FLORIDA – Many police stations videotape suspects at the police station, where their speech is clear and their balance is good, in spite of police testimony to the contrary.
  6. IN-SQUAD VIDEOS IN FLORIDA –the suspect’s driving and performance on field tests is may be recorded contradicting police testimony.
  7. FAILURE TO PROVE DRIVING UNDER THE INFLUENCE IN FLORIDA – A defendant’s admission to driving, without more, does not prove a charge of driving under the influence.
  8. INDEPENDENT WITNESSES IN FLORIDA – Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant’s sobriety.
  9. BAD WEATHER IN FLORIDA – Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.
  10. LACK OF PROBABLE CAUSE TO ARREST IN FLORIDA – A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

 

DRIVING RIGHTS AND THE 10 DAY RULE

 

You have 10 days from the date of your arrest until your license is suspended.

You only have 10 calendar days from your arrest date to request one of two options:

Formal Review Hearing: Legally challenges the validity of the Driver’s License Suspension in an administrative review hearing.

Waiver of Review: If you have no prior DUI arrests, you may apply for the “Waiver Review” process which waives your formal claim to challenge the DUI suspension, but gives you the incentive of being able to immediately reinstate your ability to drive for business or hardship purposes with no hard suspension period.