Driving Under the Influence
Was I properly stopped by the officer?
In the State of Florida, an officer must have probable cause to stop your vehicle if he/she believes you committed a civil traffic infraction. Officers routinely look for certain infractions including failure to maintain a single ane, driving too slowly, and driving without headlights to begin a DUI investigation. However, an officer is permitted to stop your vehicle if he/she has a reasonable suspicion you are driving while under the influence. Thus, an officer can stop your vehicle even when you have not committed an infraction.
Rest assured however, officers must strictly follow multiple steps prior to activating their emergency lights. Our job is to determine if your officer jumped through the multiple hoops necessary to stop your vehicle.
What are field sobriety exercises?
When you walked this morning from the parking lot to your job, did you walk heel to toe, counting out loud, with your arms by your side? Of course you didn’t. When you turned 16 and took your driving test, did the DHSMV require you to stand with one leg in the air for thirty seconds?
Sounds foolish, but this is exactly what officers have people do when they are suspected of driving under the influence. Field sobriety exercises are voluntary exercises used to (allegedly) determine your ability to safely operate a motor vehicle.
Rarely does an officer follow the strict protocol as set forth by the National Transportation Highway Safety Administration when administering the exercises. We pride ourselves on knowing exactly how an officer is to instruct and judge these exercises to use in your favor during the defense of your case.
What happens if I gave a breath test?
|No single question is asked more than a client than “can you beat my breath test?” The simple answer is yes, breath test cases can be beaten. While defending your breath test case, we will seek answers to the most pressing questions, including|
• Did the officer observe you for a period of 20 minutes prior to taking the breath test?
• Was your breath test operator properly certified to administer a breath test?
• Did the officer comply with rules and regulations found in the Florida Administrative Code?
• Was the breath test machine properly calibrated?
• Was the breath test machine properly inspected by the local agency and the Florida Department of Law Enforcement?
• Did the breath test machine obtain a deep lung sample?
• What medical conditions do you suffer from that can call into question your breath test result?
• Were you absorbing or eliminating alcohol at the time of your arrest and/or breath test?