Your Defense Against DUI Charges

DUI (Driving Under the Influence) is one of the most common  traffic violation cases nowadays, probably most especially during the holidays. And if you are charged with a DUI, it’s advisable to get a lawyer who is specialized and experienced enough to handle such a case. In this particular article, suggestions are provided on how to find the right DUI defense attorney.

According to one article, a police officer can charge you with a DUI even by just using observational evidences. Here’s an excerpt from the article,

A Florida Police Officer’s Observation: Your DUI Defense

“If you are behind the wheel, and a police officer is in the vicinity, then consider your driving behavior to be under scrutiny. If an officer observes you driving erratically or recklessly, he or she will claim to have reasonable suspicion that you are intoxicated and pull your vehicle over.

Driving behaviors that can lead to reasonable suspicion of DUI include:

  • swerving between lanes;
  • driving too slowly;
  • erratic stopping and accelerating;
  • speeding; and
  • any traffic violations.”

 

Finding The Top DUI Defense Attorney

From an article entitled, How to Find a Top DUI Defense Lawyer in Florida, we could find a list of items that may prove helpful in narrowing down your options in choosing the right lawyer to handle your DUI case.

“References from friends or any lawyer you might know personally.” A strong and specific recommendation from a trusted colleague or friend could truly be a great indicator for you to check out more about the referred lawyer.

Whether the lawyer has gone through Advanced Training could also be a factor to look into when finding the DUI Defense lawyer to handle your case. According to the article,

“After finding possible attorneys that may fit your needs, check on them out on-line with a Google or Yahoo search.    The most highly trained D.U.I. lawyers will have  attended several of the following specialized courses which will be listed on their websites: the NHTSA Standardized Field Sobriety Test (Student or “Practitioner” Course); the NHTSA  Standardized Field Sobriety Test (Instructor Course); the Breath Instrument Training Courses; the Drug Recognition Expert (or Drug Recognition Technician) Overview Course; and Blood and Urine Training.”

The same article also offers suggestions on how to select among the qualified DUI defense lawyers available in your area. Among these are:

“Fees and Fee Structure – How does the attorney set his or her fees? Criminal matters cannot be handled on a “contingency” basis, due to Bar rules prohibiting this practice. As  you  might  expect,  highly  experienced  attorneys  often  charge  much higher  fees  than younger, less  experienced lawyers.       Don’t be accusatory—just ask what distinguishes this lawyer from the other candidates you are considering who charge less. The late Judge E. P. “Fast Eddie” DeFriest, the last non-lawyer judge to sit on the criminal court bench in Florida, was fond of telling people in his court, “The most expensive thing you will ever pay for is a cheap lawyer.”  All of that said, for many persons facing the extreme penalties of a DUI-DWI conviction, price is secondary to an excellent track record for results.

Years in Practice – There is no substitute for experience. This is not a knock against young lawyers.  Some, though certainly not all of them, are bright and hard-working. But the last thing you want when it is your name, reputation, driver’s license and even freedom on the line is some lawyer who is getting on-the-job training at your expense.

Caseload – Is your lawyer taking on so much work that there is no way cases can properly be handled?   A responsible DUI-DWI attorney may limit his or her caseload at any given time.  No lawyer should ever agree to take your case unless the lawyer has the time available to do a first class job of representing you.”

Another article entitled Fighting a DUI in Florida also gives some practical insights on how you can challenge your DUI charge. Here are some of the suggestions mentioned:

“Challenge the Stop

The law is very clear that a law enforcement officer may only stop you for one of two reasons:

  1. If the officer has a reasonable suspicion that your are committing a traffic infraction, or
  2. If the officer 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.

Challenge the Breathalyzer

As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be admissible. Additionally, the testing must be done in a very specific manner.

The failure to either properly maintain the machines or conduct the tests in accordance with required procedures can result in the results being ruled inadmissible, no matter how high your results were.”

Indeed, we have the choice to just plead guilty whenever charged with a DUI and pay the fee to get it over with quickly. However, we are also given the freedom to defend ourselves. The best way to do so is to be aware of at least some of your rights which definitely includes having a lawyer to handle your case. And if you are looking for a DUI defense lawyer, you must certainly make the effort to obtain the  best one.

Here at the Traffic Ticket Office, we know what it takes to defend you against DUI charges. With our in-depth experience and knowledge, we are able to assist clients the best way they deserve. Give us a call at 305-LAW-FIRM. We are more than willing to assist you in your traffic ticket violation, including your DUI concerns.

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