Know Your Rights

The law is meant to be shield and not a sword.
You have rights that have been given to you by our founding fathers to protect us from the government.

 

To protect us from the government imposing their will, with all their resources, on the individual citizens that pay for all of their resources.

 

Just because you choose to exercise these rights does not make you guilty of any crime.

 

You have the right to remain silent. The government cannot use what you say and twist your words around on you if choose not to say anything. Remember that the police are not your friends and they write the story.   They have already decided their version of their story before they ever sit down to speak with you. If they are going to try to hang you for something that you did not do, do not give them the rope hang you with.

You have a right to an attorney. Let your attorney tell your story for you. Your attorney has more experience dealing with these situations than you do. You attorney is also more skilled at telling your story to the people that matter most; the State Attorney, the Judge and if need be the Jury.

You have a right to Privacy. You do not have to consent to a search of your person or your property, even if you have nothing to hide. The government cannot search you or your property unless that search is reasonable.

Do’s

  • Stay Calm
  • Be respectful and Polite even if you are not receiving the same courtesy in response
  • Once you are arrested, contact an attorney immediately
  • Ask if you are free to leave
  • Try to remember every detail about the arrest to help assist your attorney later on

Don’t’s

  • Resist arrest, even if the arrest is unjust
  • Lose your temper or act in anyway aggressive.
  • Don’t make threats to the police, you are in their custody and if they do not like you, your experience in their custody will be made worse
  • Speak to the police if have already been arrested. They have already made their decision regarding your guilt or you would not be in custody

This information is being provided on a limited basis and is not intended as legal advice for every specific case. Every case is different and you should seek out the advice of an attorney for your specific situation.

FAQ

IS IT LEGAL TO DRINK AND DRIVE?

Yes, although it should be avoided for precautionary measures and highly frowned upon, it is legal to drink alcohol and then drive your vehicle.

It becomes illegal when you drink too much alcohol that either your normal faculties are impaired or your Blood Alcohol Content test results are over the legal limit, 0.08.
So it is legal to have an alcoholic drink with your dinner and then drive home, it becomes illegal when the amount of alcohol consumed impairs your normal faculties or exceeds the legal limit of 0.08.

DID I HAVE TO DO THOSE WEIRD EXERCISES ON THE SIDE OF THE ROAD?

No, you have the right to refuse these exercises. They are voluntary.
These exercises are meant to judge your normal faculties, how you walk, talk, judge distances and your overall balance.
However, there is nothing normal about these exercises,
And the person judging your performance already believes your normal faculties are impaired or they would not be asking you to submit to them.

DID I HAVE TO BLOW IN THE BREATHALYZER?

No, just like the Field Sobriety Exercises, these tests are also voluntary.
However, if you choose to refuse this test, you are subject to:
A longer Driver’s License Suspension
Your refusal can be used against you at Trial
If you refuse more than once you are subject to additional criminal charges!

HOW ACCURATE ARE THESE MACHINES?

These machines, just like any other machine, are vulnerable to making mistakes.

Sometimes these machines malfunction due to age or the operator of the machine does not follow the proper procedures in maintaining and calibrating them.

You need to speak to an attorney to review the history of the machine’s calibration records and whether they match up to your performance on the Field Sobriety Exercises.

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

 

table titled “Stages of alcohol intoxication” is from K.M. Dubowski one of the leading experts on the medicolegal aspects of alcohol use in the United States.

WHEN CAN I DRIVE AGAIN?

On a first DUI, your DUI ticket allows you to drive for 10 days for business and work purposes.

If a DMV hearing is requested, you will be able to continue to drive for business and work purposes for another couple of months depending on when a DMV administrative hearing is set.

If you lose this DMV hearing and you refused to give a breath sample, you are not eligible for a hardship license for 90 days. If you gave a blood, breath or urine sample, you are eligible for a hardship license in 30 days.

AM I GOING BACK TO JAIL?

DUI is a first-degree Misdemeanor in the State of Florida, which means that the Judge has the power to send a person guilty of DUI to up to 1 year in Jail.

Each successive DUI, brings with it harsher penalties both in the minimum amount of Jail time, fines, court costs and special requirements.

Depending on the severity of the injuries caused and/or the amount of DUI convictions an individual has had prior, a DUI may be charged as a Felony.

DO I HAVE TO GO TO COURT?

Yes, you are required to go to court for all of your court appearances.

However, if you have an attorney, they may be able to waive your appearances for you depending on the county and the preference of the judge.

If you live in a state other than Florida, arrangements can sometimes be made by your attorney for you to remain living in the state in which you reside if probation has been ordered.

CAN I SEAL OR EXPUNGE MY DUI FROM MY CRIMINAL RECORD?

No, a first time DUI or any DUI in Florida is not eligible for sealing and expungement.

Certain criminal offenses are eligible to be sealed or expunged from public record. DUI carries with it a mandatory conviction, or adjudication, making it an ineligible offense.

This is what the legislature intended and the only way around this is if the State Attorney’s Office changes the charge from a DUI to something else, or if you go to trial and you are found Not Guilty.

I DON’T BELIEVE THE POLICE OFFICERS TREATED ME FAIRLY, WHAT CAN I DO ABOUT IT?

As a citizen of the United States you have the right to have a fair trial and have the State of Florida prove to a jury of your peers that you are Guilty beyond all reasonable doubt of any and all charges brought against you.

If you don’t feel that the police officers treated you fairly, you need a lawyer to look into your case and address these facts to the Judge and Jury.

WHAT CAN A LAWYER DO FOR ME?

A lawyer can help you through the legal process, which can act as a minefield for many who have not gone through the Criminal Justice System.

An experienced lawyer knows where these mines are and help you avoid stepping on any along the way.

For DUI purposes, a lawyer can help avoid or mitigate jail time, financial penalties, driving restrictions and the hassle of having to constantly go back to Court on a monthly basis.


CONTACT US

Your Name (required)

Your Email (required)

Subject

Your Message