Defending a DUI in Florida

Welcome to the .......

Law Offices
of
Edward J. Chandler, P.A.
A professional Association 
Attorney & Counselor At Law
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

Visit our web site: www.chandler-law.com

"Serving Broward, Dade and Palm Beach County"

Attorney Edward J. Chandler has successfully represented numerous clients in criminal cases throughout Broward, Dade and Palm beach Counties in the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch.

In addition to personally handling your case, Edward J. Chandler, Esq. will be available to you during every step of the process. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  - Your phone consultation is free and completely confidential.  

                       Law enforcement officers ("LEOS") are notorious for stopping a vehicle on a "hunch" that the driver has been drinking. Once stopped, the tools used by LEOS to evaluate a driver's possible impairment are crude and inaccurate. Many LEOS making DUI arrests have limited or no experience in evaluating the effects of alcohol on the body. In turn the machines relied upon by LEOS to test your breath, blood, or urine for alcohol are subject to error. 

                  Additionally, these machines are tightly regulated and often are not properly maintained. Before a trial is ever held, a DUI can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out by the State. The primary areas for challenging a DUI are: 

* The Stop 
* Field Sobriety Tests 
* The Breathalyzer (Blood Alcohol Measurement Tests) 
* Your Statements

                   So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury. If I challenge one link in the State's case that results in evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In DUI defense, winning one battle can result in winning the war!
 
Challenging The Stop

The law is very clear that a law enforcement officer may only stop you for one of two reasons: (1) If the LEO has a reasonable suspicion that your are committing a traffic infraction, or (2) if the LEO has probable cause that you are committing a crime. However, many times it can be shown that the officer was mistaken in his reason for stopping you. If this is proven, all of the evidence in your case will be thrown out and the State will be forced to dismiss your case.
A rather simple example would be if an officer stopped you for an expired license plate and subsequently arrested you for being under the influence. If I can prove that your motor vehicle license was not expired and that the officer was therefore mistaken, the Judge will find that the officer made an illegal stop and throw out all of the evidence against you.

Challenging Field Sobriety Test

In most DUI cases, law enforcement will administer Field Sobriety Tests to determine if you should be arrested. The officer's interpretation of these tests can be challenged or suppressed based on many factors. Does the officer know what your true balance and coordination is? Do you have any physical disabilities like a bad back or bad knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making them unreliable and inadmissible. Is the officer qualified to perform the specific Field Sobriety Test? Some Field Sobriety tests, such as the HGN test (eyes following pen test), may only be performed and testified abut by certified alcohol recognition experts. Other tests, such as the reverse alphabet test are not deemed reliable by the courts.
 
Beating the Breathalyzer

As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back.

Did the officer observe you for a period of 20 minutes prior to taking the breath test? Did the officer tell you to "keep blowing" during the breath test? Did the officer calibrate the machine properly prior to beginning testing? Did the officer read you Florida's Implied Consent Law or did the officer incorrectly state the implied consent law to you? The failure of an officer to do any of these simple steps, or possibly other steps not mentioned, may result in the breath test results being thrown out.

Throwing Your Statements Out

One of the most well known Miranda Warnings states: "Anything you say can be used against you in a court of law." However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking.

Nevertheless, if you do say something incriminating to law enforcement, I may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida's accident report privilege.


Your Right to Remain Silent

An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.
A common problem that arises in DUI arrests is when it is clear that you are no longer free to leave, the officer never reads you your rights, and continues to question you about your activities prior to being stopped. This practice is illegal and any incriminating statements gained by an officer during this time can be thrown out by a judge.

Florida's Accident Report Privilege

Many times, persons involved in an automobile accident are later accused of DUI. And in Florida, persons involved in an automobile accident are required by law to report the accident to authorities, raising the possibility that a person suspected of DUI may make incriminating statements to law enforcement regarding the accident. Fortunately, Florida law prohibits most statements given to law enforcement by drivers, owners, or occupants regarding an automobile accident from being used in a later civil or criminal trial. This is known as Florida's Accident Report Privilege and the purpose of the privilege is to encourage witnesses to cooperate with law enforcement in the investigation of automobile accidents.

However, the Accident Report Privilege is not absolute and there is one major exception. If a law enforcement officer suspects that you are were driving under the influence, or committed another crime related to the crash, he may "switch hats" and inform you that he is no longer conducting a crash or accident investigation and that he is now beginning a criminal investigation related to the accident. To continue questioning you, the officer must then read you your rights if he wishes to continue. At this point you should decline to answer anymore questions and request a lawyer.
Many times the officer fails to state that he is "switching hats" and read you your rights. If an officer fails to properly "switch hats" or to read you your rights, any statements you make to the officer may be suppressed as being privileged under Florida's Accident Report Privilege.
 
Spontaneous Statements

The biggest exception to your right to remain silent and the Accident Report Privilege occurs when you make a spontaneous statements. A spontaneous statement is one that is volunteered without being asked a question. Any spontaneous statements you make before or after being read your rights can be used against you, regardless if other statements are thrown out due to illegal police misconduct or the accident report privilege.


CALL ATTORNEY CHANDLER TODAY (954) 788-1355

Welcome to the .......

Law Offices
of
Edward J. Chandler, P.A.
A professional Association 
Attorney & Counselor At Law
708 East Atlantic Boulevard    Telephone:  (954) 788-1355
Pompano Beach, Fl 33060    Facsimile:  (954) 788-1357
Call Today! 24/7

Visit our web site: www.chandler-law.com

"Serving Broward, Dade and Palm Beach County"

Attorney Edward J. Chandler has successfully represented numerous clients in criminal cases throughout Broward, Dade and Palm beach Counties in the State of Florida.  Edward J. Chandler  prides himself on aggressive representation with a personal touch.

In addition to personally handling your case, Edward J. Chandler, Esq. will be available to you during every step of the process. Edward J. Chandler guarantees that you and your case will receive his undivided attention.

Call the Law Offices of Edward J. Chandler, P.A.  at (954) 788-1355  - Your phone consultation is free and completely confidential.  

THE CRIMINAL PROCESS

Although the laws are complex and each case is different, the procedures for criminal cases are basically the same.

If you are suspected of a crime, an arrest warrant may be issued and you may be taken into custody. In serious cases, evidence is first presented to a grand jury, and, if the charges are justified, the government will proceed with an indictment against you. While you are awaiting trial you may be released on bail.

You have the right to choose an attorney or have the courts appoint one to represent you.

You have the right to choose whether your trial is by judge and jury or judge alone. The prosecution will present its case by introducing evidence to prove their charges. Remember that you are presumed innocent until proven guilty. The burden of proof is on the prosecution and they must prove guilt beyond a reasonable doubt.

You have the right to enter a “not guilty” plea. If you are found innocent, you are free to go. If you are found guilty, the judge will pronounce sentence.

You have the right to file an appeal if you are found guilty, but the prosecution cannot appeal against you if you are found innocent.

Criminal procedure rules are generally applied to more serious crimes called felonies. Less serious offenses, called misdemeanors, are usually handled in a different way.


GLOSSARY OF LEGAL TERMS

WARRANT
A warrant is a written order usually issued by a judge or court clerk and given to a law enforcement agency (sheriff, marshal, local officer of the peace and constable). The most common types are search warrants and arrest warrants.

ARREST
You may be arrested for an alleged violation of civil or criminal law. A criminal arrest is most often accomplished by presenting an arrest warrant but any one can exercise their right to make a “citizen’s arrest” without a warrant if they witness you committing an alleged felony. Please note that you have the right to immediate counsel regardless of the circumstances surrounding your arrest.

SEARCH WARRANT
A search warrant is a written order by an official of a court authorizing an officer to search a specific place for specific objects and to seize them if found. Your Fourth Amendment rights guarantee that a search warrant may only be issued on oath or affirmation that a crime was probably committed. The U.S. Supreme Court does not recognize evidence presented if it was obtained without a proper search warrant.

INDICTMENT
An indictment is a formal written accusation naming specific persons and crimes. An indictment may be issued by a grand jury if they determine that the evidence presented to them is sufficient to support the charges brought against you.

The Fifth Amendment to the U.S. Constitution safeguards your right to a preliminary hearing by a grand jury in major federal cases. The U.S. Constitution stipulates that no person may be tried in a federal court for a serious offense without a formal indictment, but beware that less than 50% of the states honor your constitutional right to a preliminary hearing. Make sure that your attorney insists on your Fifth Amendment rights.

BAIL
If you have been accused of committing a serious offense you may be eligible to be released from custody while you await your trial. The court has the power to decide whether or not you are entitled to bail and you do not have the absolute right to bail. However, the Eighth Amendment to the Constitution of the United States does provide that "excessive bail shall not be required”.

If you qualify for bail, the court will place a monetary value on your freedom. You may pay the ordered amount in cash, or by signing over the title to any property you have, or by using the services of a Bail Bonds company. A Bail Bonds company is like an insurance company because they require a cash premium from you (approximately 10% of the total amount of your bail). They rely on you to comply with the court’s instructions and, if you don’t, they have the authority to apprehend you, return you to jail, and keep your money.

EVIDENCE
Evidence presented in court must be directly related to your charge. The rules governing evidence (Common Law, the basis of our judicial system) began in Britain during the 16th century. Even though the rules regarding evidence have been modified to reflect modern times, they are still extremely complicated. In short: the prosecution must establish that the evidence presented pertains specifically to the charges against you, each juror must prove neutrality, each juror must swear to being unbiased, and must advise the court of any immediate knowledge of the dispute.