- “Innocent until proven guilty is the cornerstone of our criminal justice system.”
- --Flanagan
“When interrogated by the police, answer their questions but remember everything you say WILL be held against you. If in doubt keep silent..” - --Flanagan
- “When you’ve been arrested, you need to choose a lawyer that you can trust to represent your interests. You need a lawyer that has trial
experience..”
- --Flanagan
- “Equal protection means everyone is supposed to be treated equally, but equal protection may be determined by the quality of your representation..”
- --Flanagan
If you’ve been arrested you know how traumatic and frightening the event can be. You’ve probably even replayed the event over and over in your mind. The police treat you like you’re the worst person on the face of the earth. You’re handcuffed, detained, and isolated from society.
St. Petersburg DUI Lawyer
Anyone who’s had a drink after work or a glass of wine at a restaurant before getting behind the wheel may be subject to a Florida DUI charge. DUI charges can arise from a law enforcement officer’s perception of your driving and your speech patterns and coordination after the DUI stop is made. While a failed breathalyzer (.08 or greater), will automatically lead to a DUI charge, you may face a DUI even if you refuse to submit to the breathalyzer. If you refuse the breathalyzer, your license will be automatically suspended for one year unless you request a formal review hearing with the Department of Motor Vehicles within 10 days of the arrest to contest the suspension and attempt to retrieve your license.
In defending DUI cases, there are many avenues from which to choose. The breathalyzer’s results may be faulty due to improper maintenance or improper administration of the breathalyzer test. There also may be lack of probable cause for the traffic stop in the first place. The police officer’s perception of your driving behavior can be challenged. As I’ve personally experienced on many occasions in defending DUI cases, the police officer’s typical remarks concern a) the smell of alcohol, b) bloodshot eyes, and c) lack of good motor skills i.e. stumbling out of the vehicle. These are three of the most common criteria by which a DUI defendant will be prosecuted. All three may be and should be, in many instances, challenged by an experienced DUI trial lawyer.
In Pinellas County, DUI traffic stops and the field sobriety tests are videotaped the vast majority of the time. This videotape evidence can refute the officer’s assertion that the client failed a field sobriety test.
If you are stopped by a law enforcement officer and asked if you’ve been drinking or how many drinks have you had, you don’t necessarily have to respond to the officer. However, you are required to produce a valid driver’s license, vehicle registration, and proof of insurance. You do not have to submit to a search of your vehicle unless the officer has probable cause such as the odor of an illegal substance or the “plain view” of an illegal object such as an open container and/or weapon.
If you’ve been charged with a DUI, contact me for a free initial consultation.