How can you get arrested for DUI under .08?

Many times clients wonder how did I get arrested when I blew under the legal limit? Florida’s DUI statute places a presumption of guilt once a driver has .08 or above. The Statute does allow an arrest to occur for .05 to .08, however, the State must actually prove that at the time the Defendant was driving their were “under” the influence.
How would they do that, you ask. One way is through expert testimony of “retrograde extrapolation”. In short some scientist who is deemed “an expert” state that at the time you were driving your blood alcohol level was much higher.
This theory has been called into question a number of times.
Please read more here: http://www.oneidadispatch.com/general-news/20151005/retrograde-extrapolation-estimates-questioned-in-dwi-cases
So despite common belief you can be arrested for a DUI under the legal limit.
If you do, you know who to call….

Another Public Official Arrested for DUI

Jose ‘Pepe’ Diaz pleaded not guilty today for his DUI arrest in Key West. http://www.local10.com/news/commissioner-jose-pepe-diaz-pleads-not-guilty-to-dui-charge/35657346
His plea is just the start to a legal process that can take several months.
Diaz is a Miami-Dade County Commissioner. His arrest is not shocking to anyone in South Florida as Public Officials are being arrested at an alarming rate. In 2014, Broward County had three Judges arrested for DUI.

Did you get a DUI over the 4th of July Weekend?

The summer holidays are a very busy time of year for Law Enforcement. There is a higher volume for arrests, typically alcohol related arrest. Many times police agencies set up DUI checkpoints in order to crack down on drinking and driving.
If you received a DUI or other Alcohol related arrest this past weekend, here are some tips of what you can do to minimize your exposure.
1) Write down everything you remember. As time goes on, you may forget some important details.
2) Talk to any witness you may have, get their information so you or a lawyer can contact them later on.
3) In the case of a DUI, you may have to act fast to request a DMV hearing to get a driving permit.
4) Call an experienced criminal defense attorney. Starting this process early can save you time and aggravation later on.

Judge recognizes Classmate

Its hard to say if it is a good thing that a Judge recognizes you from Jr. High. I can say for this gentleman, it is:
http://www.liveleak.com/view?i=5be_1435872145
The Honorable Judge Glaser has shown us the utmost respect over the years.

Crimes I can’t Defend?

When I am asked “is there any time of crime you wouldn’t defend?” I usually explain how everyone deserves a fair trial and needs representation. I think I have finally found a crime I cannot defend…
http://www.cbc.ca/news/trending/canadian-band-nickelback-wanted-for-crimes-against-music-in-australia-1.3081333
Apparently the band Nickelback is ‘wanted’ for crimes against music. I believe It would be morally reprehensible for me to defend Nickelback.

Domestic Violence Investigation always results in an arrest?

I have been handling domestic violence cases in my 13 years of practice. Like all cases, each one is different. However, I do hear a common thread in many of these cases; “I was arrested because the cop said ‘when we get called on a domestic, someone has to go to jail’.”
I find this troubling as there is no statute requiring any officer to make an arrest because someone made a domestic violence allegation. To the contrary Florida Statute 741.29 state that “[w]hether or not an arrest is made, the officer shall make a written police report that is complete and clearly indicates the alleged offense was an incident of domestic violence.” Thus it gives an officer discretion to make an arrest or not make an arrest.
What this brings us to is, as I understand, local police departments have it in their own policy to arrest someone on a domestic violence call regardless if the evidence is unclear if an act of domestic violence has occurred. This means, it removes the requirement under Florida Statute 741.29, and our US constitution, that an arrest be made when there is “probable cause”.
This is policy is not helpful and causes irreparable damage to the family. That being said, I want to be clear, officers can and should arrest those they believe are “primary aggressors” in domestic violence acts, only when they have enough evidence to support their probable cause.
If you have been arrested for domestic violence call my office to see how I can help you.

MASS CHALLENGE TO THE BREATHALYZER IN PALM BEACH

If you have an open DUI in Palm Beach County 2010 or after, there is a mass challenge to the validity of the results. A similar motion was argue in Broward County and was granted suppressing the results of the breath test in many DUI cases.
If you want more information to challenge the Breath Test in Palm Beach County. Call my office at 561-671-5995.
This challenge will be a one time challenge and if you are not part of the Class your case may not be subject to the suppression.

Few More days left on Operation Green Light

For once, Broward County is giving you a break. If your ticket is past due, or in collections, now is the time to get your license straight. The clerk’s office is waiving penalty fees under operation green light.

Monday, February 9, 2015 until Friday February 13, 2015.
Click Here for information on ‘Operation Green Light Broward’.

Operation Green Light Broward is an opportunity to pay your outstanding Traffic tickets (Misdemeanor or Felony) and avoid paying an additional 35% collection fee. Misdemeanor Traffic payments at all Courthouse and DHSMV locations. Please note: For Felony Traffic payments you are to go to Central Courthouse, Room 160 ONLY.