A DUI ARREST REQUIRES IMMEDIATE ACTION
Florida law says that you have only 10 days after your DUI arrest to challenge the suspension of your driver’s license.
For many people, losing their driving privileges has disastrous consequences affecting all aspects of their daily living. Many companies require that their employees have valid licenses, and, regrettably, many employers terminate employees when they get a DUI.
A DUI conviction will also almost certainly mean that your auto insurance company will drop you. Some people even face time in jail for DUI convictions.
BUT IT MIGHT NOT HAPPEN THAT WAY
If you had the time, we would invite you to come with us to court and see for yourself that many DUI’s may be reduced, or even dismissed, without going to trial. YOU REALLY NEED TO KNOW THAT:
- Breath Testing Machines can give false, inaccurate results.
- Certain prescription medications cause side effects that mimic intoxication.
- Breath Test results, in some cases, can be thrown out by the court.
- Your performance on Field Sobriety Exercises can be used against the state.
- DUI police videos can be employed as powerful tools in your defense.
You can’t afford to wait because while you are reading this and figuring out what you are going to do…. THE CASE AGAINST YOU HAS ALREADY BEGUN.
I BELIEVE THAT EVERY DUI CASE CAN BE WON
Really, I say this all the time and it’s not trash talk or a salesman’s pitch. It is my honest professional opinion based upon what I learned and accomplished for the past 20 years representing people that have been charged with DUI.
I know, believing that every DUI case can be won really bothers some people when they hear me say it. While this may sound like bragging, it’s really an observation that most successful DUI attorneys already know and live by. Every good Tampa DUI lawyer knows that there is no such thing as “a slam dunk case.”
Granted some cases present better fact patterns than others, but that doesn’t mean that they can’t be won in some fashion. “When there is a will to win, there will be a way to win” I have found that every case has certain weak points that expert Tampa DUI lawyers can exploit to their client’s advantage.
More than once, I have had clients tell me in trial that, “there’s no way we can win.” Yet time and time again, something happens in the case that turns certain victory into stunning defeat for the prosecution. Don’t forget that a DUI is a crime based upon someone’s opinion and jury’s are free to believe or disbelieve that opinion no matter what the so-called evidence shows.
A seasoned DUI lawyer once told me that the prosecution’s DUI case is only as good as the police officer who made the arrest. When the officer’s testimony is poor and mistake-filled, then everything surrounding the arrest becomes suspect. When the arresting officer is a decent person who gives excellent testimony, then even good people sometimes make mistakes.
In the end, the facts of the case are not always as important as the circumstances surrounding the case. A really good Tampa DUI attorney knows when to argue facts and when to argue circumstances.
HEADS WE WIN; TAILS THEY LOSE
The Prosecution in a DUI case has to prove each and every element of its case beyond a reasonable doubt. That means that even in a case where the facts support a guilty verdict, if one or more jurors has some nagging doubt about some part of the prosecution’s case, the verdict will be Not-Guilty.
That’s why I believe that every DUI case can be won. A good salesman never prejudges a prospective customer and a good seasoned DUI lawyer never prejudges the facts and issues of a DUI case before the case is tried.
10 proven strategies to beat a DUI charge
- The arresting officer did not see you driving.
- You performed Field Sobriety Exercises reasonably well.
- You refused to take a breath test.
- The DUI video did not portray you as being under the influence
- Eyewitnesses who give positive testimony for you.
- Finding and exploiting technicalities and loopholes in the law.
- Identifying when police do not follow proper police procedures.
- Documenting medical conditions that makes you look drunk or under the influence.
- Refusing to perform any DUI tests and exercises.
- Destroying a breath test reading that is simply not believable.
“One thing is certain in all DUI cases; you can’t win by pleading guilty or no contest.” We set cases for trial to give our client’s the best chance of winning. We know that most prosecutors really don’t begin to take your case seriously until you ask for a jury trial. Most of our DUI cases set for trial are eventually reduced or dropped at the beginning of the Jury Trial week. By setting your case for trial, we force the prosecution to seriously evaluate their case against you. The hard reality sets in that they are going to have to put in a tremendous amount of time in preparation for a hotly contested trial against an experienced DUI lawyer who has a history of winning even the hardest DUI cases.
Ask About Our Methods for Winning Your DUI Case
First Objective: Getting your Drivers License back at the DMV hearing The arresting officer at the scene probably took your Drivers License. You were given a yellow ticket to carry as your effective drivers license for ten (10) days after your arrest. Florida law requires that you petition the Department of Motor Vehicles (DMV) for a hearing to contest the suspension of your license within 10 days of your arrest. Upon petitioning for a review of your license suspension, you will receive a 30-day temporary license.
Our year-to-date results have been extraordinary! Last year, more than half (50%) of our DUI clients had their driving privileges restored when we appeared at the DMV hearing. This fact alone means as much to our clients as winning their DUI case. The DMV hearing is also a chance for us to evaluate the evidence that will be presented later in the DUI case.
We find that attending this hearing is a critical opportunity that should not be avoided even if you believe that you won’t prevail.
Second Objective: Can they prove that you were driving? This seems like a foolish question. There are, however, many situations where the DUI officer did not see you driving and cannot place you behind the wheel. This situation is further complicated if the arresting officer came on to the scene after you have left your vehicle.
Third Objective: Is there a valid Breath, Blood, or Urine Test that shows your Blood Alcohol Level (BAC) was above 0.08? Recent scientific studies have shown that Breath Testing machines are not accurate measurers of Blood Alcohol.
My law firm has been successful in throwing out breath test results when we have shown that the readings were not reliable. We also associate with highly regarded experts who can testify in your case that the breath testing machines are flawed and can give false or exaggerated readings. Blood and urine testing have serious limitations as well. You can be successful in diminishing or excluding this type of evidence, which can defeat the prosecution’s case against you.
Fourth Objective: Create and execute the “Winning Game Plan” We know that every person’s DUI case is different. What worked for us in the last case may not for in your situation. Therefore, we will create a case plan to fit your particular needs and budget.
Devising a “Winning Game Plan” means that the client and attorney working together will identify the strengths and weaknesses of the case. We will use our superior knowledge of the case facts to build around you a wall of “reasonable doubt” that not even the best prosecutor can overcome.
DUI Trials: Attorney time spent preparing for trial is essential to achieving success in any case. My experience confirms there is no substitute for comprehensive trial preparation.
Typically, we spend three to four hours preparing for one hour of time in the courtroom. Most DUI cases last one full day. Jury selection usually lasts several hours on a different day. Jury trial fees are different in every case.
The attorney will present the client with a proposed jury trial fee in the event that such action is contemplated by the parties. It is usually not possible to accurately determine what the exact cost of a trial will be until the facts and issues of the case have been thoroughly examined. We look forward to assisting you and hope that this material has given you better insight into how our law firm is able to help people just like you win their DUI case.