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FAQ

 


 

Before a person may be convicted of a crime, the State has the heavy burden of proving each and every element of its case beyond and to the exclusion of a reasonable doubt. The Defendant is not required to prove his/her innocence.


The United States Constitution. the State Constitution and Florida Statutes protect the rights and privileges of the accused. Your DUI case is no exception. However some rights or privileges may be waived and lost if you fail to take specific action within 10 days of the arrest.

 

D.U.I.
The answers to the following questions could reveal a lack of
strength in the States case and the existence valid defense(s):


I. Actual Physical Control.
-Was the vehicle already stationed when the officer arrived?
-Where were you when the officer arrived at the scene?
-Was the vehicle operable?
-Were you asleep or unconscious?
-Where was the key for ignition?


Note: The State has the initial burden of proving that you
were driving or in actual physical control of a vehicle.


Il Reasonable. Articulable Suspicion.
-Were you approached by the officer as a result of a
road block?
-Did the officer cite you for any offense other than DUI?
-Were you asked to step Out of your vehicle without a
reason?
-Did the officer deny your request to allow you to continue on
your way?


Note: In order for ari officer to lawfully detain you for
investigation, the State has the burden of showing that the
stopping officer had a reasonable. articulable suspicion that a
crime has been committed or is about to be committed.


Ill Probable Cause.
-What were the officers questions and/or comments?
-Did the officer ask you about faculty impairment due to
disability, illness or injury?
-Did the officer ever advise you that he/she would be
conducting a DUI investigation?


Note: Even if the stop is lawful, the officer must still make a
roadside determination based on the totality of the
circumstances that there is probable cause to arrest you for
DUI.


IV. Voluntary Roadsides.
-Did the officer offer the roadside exercises as voluntary?
-Did the officer ask about illness or inlury prior to conducting
the exercises?
-Did the officer inform you that your performance was being
recorded?


Note: Most DUI cases involve the use of field sobriety
exercises. These exercises are voluntary and are intended to
aid an officer in determining if you should be arrested.
However, more often than not they are used to bolster the
officer's previously formed opinion that you are DUI.


V. Implied Consent Warnings.
-Did the officer read you the warning(s) before, after or at
the time of the arrest?
-Did the officer read you the correct warnings?
-Did you request an independent chemical test at any time?
-Did you refuse the test?


Note: When you are arrested, in addition to Miranda
warnings, the arresting officer MUST read you the correct
Implied Consent warnings. The warnings must be read in
substantial compliance with the specific statute. There are
different warnings, and the officer must read the correct
warning. You have the option of either taking the test(s) or
refusing. The officer chooses the test for you depending on
the case. However, you also have the right to an
independent chemical test of your own choosing.


VI. Administration of Test in Compliance.
-Did the officer/technician correctly comply with pre-test
observation?
-Was the instrument used in compliance with all statutes,
rules, policies and regulations?
-Were the tests results in compliance?


Note: If a chemical test is administered, the State must prove
that the test was done properly and on an instrument that
was working properly. Further, the test results themselves
must be in compliance.
The above are only some of the many complex issues
involved in a DUI case. This firm devotes its experience and
knowledge to each and every case.

 

 

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