One of the best ways to win a DUI breath test case (sometimes called the “DUBAL”) is to get the court to suppress the breath test, making it inadmissible at trial. In one of our recent cases, the Honorable Mary Catherine Green, in the courthouse in Lakeland, FL, suppressed our client’s breath test reading that…
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In many driving under the influence (DUI) cases in Florida, the arresting officer has difficulty remembering how the subject did on field sobriety exercises. These problems are most pervasive when there is no video recording of the roadside investigation. In those cases, the prosecutor might ask the officer if reviewing his report would refresh the…
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If you are convicted of DUI, the court must revoke your driver’s license for at least six (6) months. Of course, the best way to avoid the court-ordered revocation is to avoid the DUI conviction entirely. For example, if your DUI is reduced to reckless driving, the Court is not required to suspend or revoke…
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As a criminal defense attorney, I’ve been representing men charged with soliciting a prostitute for more than 20 years. We fight these cases aggressively to help our clients avoid a plea to Florida Statute Section 796.07(2)(f) because of the draconian sanctions and collateral consequences that come with that plea. Personally, I don’t think soliciting sex between…
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Many expect the U.S. Supreme Court will soon overturn the Roe v. Wade decision that legalized abortion. Once that occurs, many fear that police and prosecutors will come between a woman and her doctor as important reproductive decisions are made. The State Attorney in Florida’s Thirteenth Judicial Circuit has been vocal on the issue saying:…
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In 2019, the National Association of Criminal Defense Lawyers (NACDL) and several NACDL state chapters rallied to defeat ABA Resolution 114. The resolution endorsed concepts of “affirmative consent” and “trauma-informed” investigations. NACDL’s opposition to the legislation recognized that when it comes to social and sexual engineering, “[t]he criminal law is an incorrect vehicle to impose…
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After a DUI arrest, if you demand a formal review hearing and the administrative suspension is not invalidated, then you will qualify for a hardship license until after the hard suspension. The hard suspension period is: 30-day for a first DUI with a BAC over .08; a 90-day hard suspension for a DUI with a…
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Did you receive a letter concerning a subpoena for your medical records from Andrew H. Warren, State Attorney for the 13th Judicial Circuit? If you were involved in a crash and DUI investigation, even if you were NOT arrested, the investigation might trigger such a letter regarding how to object to the issuance of the…
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According to a press release issued by the Public Affairs Office of the Hillsborough County Sheriff’s Office on January 11, 2021, 71 people (all men) were arrested in “Operation Interception.” In addition to the written press release, Sheriff Chad Chronister also held a live press conference to take credit for taking a “proactive approach to…
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After an arrest, not everyone is able to immediately bond out of jail. Even some misdemeanor charges might result in a person being held until the first appearance court hearing. For serious felony charges, such as DUI Manslaughter, a first appearance hearing is required before the court will set bond. The most common misdemeanor offense…
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