FLORIDA DUI AND TRAFFIC CASES

Every year a multitude of Floridians and visitors are charged with traffic and criminal traffic offenses. These charges can lead to license suspensions or revocations, fines, court costs, community service, probation, counseling, schools and even jail or prison. People accused of these offenses need representation they can count on.

We handle all types of traffic cases, including but not limited to: DUI, DUI Manslaughter, Vehicular Homicide, Culpable Negligence, Driving with License Suspended, Leaving the Scene of an Accident, Not having valid DL, Reckless Driving and any type of Auto Accident Case. Call us for more details.

FLORIDA DUI CASES

1. The Officer took my license, can I get it back?
2. Can I still drive even though the officer took my license?
3. What happens if I am convicted of DUI?
4. Will a DUI stay on my permanent record?
5. What factors are considered in a DUI case?

1. The Officer took my license, can I get it back?

YES! You have 10 days from your date of arrest to set a review hearing at the DMV. We can set and attend this hearing for you, inspect the evidence, question the officer and motion the DMV to reinstate you license.

2. Can I still drive even though the officer took my license?

YES! You can use the DUI ticket as a temporary license for 10 days from your date of arrest. If you set a formal review hearing the DMV will issue a temporary permit that allows you to drive for “business purposes”. Call me for more details.

3. What happens if I am convicted of DUI?

The sentence can include: fines, costs, DUI school, community service, victim impact panel, a minimum 10 day impound of your vehicle, license suspension, an intoxilyzer device in your vehicle, probation, jail time and even Florida State Prison in some cases. Call us to discuss the specifics of your case.

4. Will a DUI stay on my permanent record?

If you are convicted of DUI it will stay on your record for life. However it is possible to get a DUI charge reduced to Reckless Driving. You can receive a withhold of adjudication, instead of a conviction, on a Reckless Driving charge. This puts you in position to seal your record and have your “mug shot” taken off the internet.

5. What factors are considered in a DUI case?

Some of the factors are: the breath test or refusal of it, the field sobriety tests, the basis for the stop and arrest, whether or not the officer saw you behind the wheel, any admissions that you made, the police reports, the breathalizer test, maintenance records, prior convictions, and the videotape made by the police during the investigation. I can help you to gather and analyze this information.

THE STOP

• Did the officer violate your constitutional rights by stopping you illegally?
• Did the officer stop you based on bad information from an unknown informant?
• Did the officer stop you based on a hunch?

THE SEARCH

• Did the officer violate your constitutional rights by searching you or your vehicle illegally?
• Did the officer have a warrant?
• Did the officer trick or intimidate you into consenting to an illegal search?

THE INTERROGATION

• Did the officer read you your rights before asking incriminating questions?
• Were you tricked or intimidated into waiving your right to remain silent?

THE ARREST

• Did the officer have probable cause to arrest you?
• Did the officer charge you with more offenses than he should have?

QUESTIONS YOU SHOULD ASK ABOUT THE FIELD SOBRIETY TESTS IN A DUI CASE:

Was the Officer qualified to conduct the tests?
Were the tests conducted on a flat level surface?
Did the officer provide a straight line for your walk and turn test?
Were the tests conducted in a well lit and safe area?
Was the Officer aware of any injuries, illnesses or physical defects that you were suffering from?
Were you wearing appropriate foot wear?
Did the officer refuse to let you use the restroom prior to the tests?
Did the flashing lights on the police car make you dizzy or distract you?
Did traffic passing by distract or make you nervous?
Did the officer explain and demonstrate each test to you?
Did the officer fully answer your questions before each test?
Were you told that you could not refuse the tests?
Was your ability to do the tests affected by bad weather?
Were you involved in a traffic accident prior to doing the tests?
Did the officer read and explain your rights before the alphabet test?
Did the officer talk, critique or scream at you while you were doing the tests?
Did the officer shine his headlights, spotlight or flashlight in your eyes before or during the tests?
Was a video made of you during the tests?

WHAT WE WILL DO FOR YOU IF YOU HIRE US TO REPRESENT YOU:

• CHALLENGE THE SUSPENSION OF YOUR LICENSE
• Obtain a temporary driving permit for you from the DMV
• Set and attend the DMV Formal Review for you.
• Review and object to the DMV evidence, question the arresting officer and motion the DMV to reinstate you drivers license.
• FILE A NOTICE OF APPEARANCE
• Plea you NOT GUILTY.
• Demand that the Prosecutor supply me with all of the evidence that the Government intends to use against you.
• Attend preliminary court hearings and waive your appearance so you can go to work instead of sitting in court.
• ANALYZE THE EVIDENCE
• Review the police reports, citations, videos, breath test inspections, maintenance and calibrations
• Interview law enforcement, civilian and expert witnesses
• Inspect physical evidence, accident and field sobriety sites, and review any admissions you are accused of making
• CHALLENGE THE EVIDENCE
• If applicable we will:
• File a motion to suppress illegally obtained statements
• File a motion to suppress illegal searches
• File a motion to suppress illegal stops
• File a motion to suppress illegal arrests
• File a motion to suppress unreliable or prejudicial evidence
• File a motion to dismiss due to lack of evidence
• NEGOTIATE A DEAL
• Attempt to convince the prosecutor to drop the charges against you
• Negotiate a reduction to RECKLESS DRIVING in order to avoid a DUI conviction
• Negotiate non-consideration of your prior record in order to obtain a better deal
• Motion the Judge to waive mandatory sanctions that come with a DUI conviction
• CONDUCT A TRIAL
• Prepare client and defense witnesses for trial
• Conduct jury selection, opening statement, direct and cross examination of witnesses, introduction of evidence and closing arguments
• POST TRIAL
• Seal or expunge your record and demand that your information be removed from county and state web sites
  
  

FREE DUI CASE EVALUATION (e-mailed directly to Michael Herron) *all fields required*
Name:
Phone#:
E-Mail Address:
Which county were you arrested in?:	Hillsborough Pinellas Pasco Other:
Do you have a prior DUI conviction?:	No Yes, When:
Why were you stopped or detained by the officer?:	Speeding Weaving or swerving Auto Accident Road Block Asleep at the wheel Crossing center lane Failed to maintain lane Running stop sign or red light Other:
Did you do field sobriety tests?:	Yes No
Did you take a breath test?:	Yes No
Did you admit to drinking alcohol or using drugs?:	Yes No