How To Beat Your D.U.I. Case
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Calculate your Breath Alcohol level
DUI Penalties
Check your Drivers License
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IF YOU ANSWER “YES “ TO ANY OF THE FOLLOWING QUESTIONS, YOU HAVE A LEGITIMATE LEGAL DEFENSE TO DEFEAT YOUR D.U.I. CASE. |
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WERE FIELD SOBRIETY EXERCISES GIVEN ON A LEVEL AREA OR SURFACE? |
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WERE THE EXERCISES ADMINISTERED NEAR PASSING CARS? |
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DID YOU EAT DURING 12 HOUR PERIOD PRIOR TO ARREST? |
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DID YOU HAVE ANY PHYSICAL DISABILITIES THAT WOULD CAUSE YOU TO LIMP OR HAVE IMPERFECT BALANCE? |
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DO YOU HAVE FALSE TEETH (BRIDGEWORK) DIABETES, ARTHRITIS, EMPHYSEMA? |
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DID YOU BELCH, BURP, REGURGITATE, DURING ARREST OR BREATH TEST? |
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WERE YOU TAKING ANY MEDICATIONS OR DRUGS I.E. COLD PILLS, ANTIHISTIMINES, WEIGHT CONTROL PILL |
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DO YOU HAVE A SPEECH IMPAIRMENT? |
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DID OFFICER “SPEED READ” IMPLIED CONSENT WARNINGS? |
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WERE YOU OBSERVED FOR 20 MINUTES BEFORE SUBMITTING TO BREATH TEST? |
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DID YOU HEAR ANY RADIO TRANSMISSIONS OR “WALKIE TALKIE” INTERFERENCE DURING BREATH TEST? |
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DID OFFICER ADVISE YOU THAT YOU COULD TAKE ANOTHER BREATH OR BLOOD TEST? |
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DID OFFICER ADVISE YOU OF RIGHT TO INDEPENDENT TEST? |
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DID OFFICER CONFUSE TIREDNESS OR SLEEP DEPRIVATION
WITH INTOXICATION? |
DID YOU KNOW....
- Your temporary drivers permit will expire in (10) days after your arrest if you do not file for a formal review hearing to challenge the administrative suspension of your license with the Department of Motor Vehicles (DMV).
- Once you file for the formal review hearing, you are automatically entitled to an extension of your temporary-driving permit until the formal review hearing.
- However, even if you are successful in restoring your driving privileges with DMV, you may still be subject to a court-imposed suspension if you receive a D.U.I. conviction.
I also have practical experience in training D.U.I. officers. I participated in the (NHTSA) National Highway Traffic Safety Administration program to train D.U.I. task force officers from various counties throughout Florida. These officers were trained to identify D.U.I. drivers using field sobriety tests. This program was hosted by the Broward Sheriff's Office in an advanced D.U.I. enforcement class. I also received a letter of commendation from the Broward Sheriff’s Office for my involvement with this program.
NEW DIVERSION PROGRAM FOR DRIVING WHILE LICENSE SUSPENDED COULD SAVE YOUR LICENSE
Effective February 1st 2007, persons arrested for or charged with Misdemeanor Offense of DWLS, who are otherwise eligible, may participate in the Broward County Misdemeanor Diversion Program for DWLS as created by the Broward County State Attorney's Office(herein after referred to as "the Program"). Strictly on a voluntary basis. The Program will be operated and enforced by Probation and the State. An eligible person, or his or her attorney may request admission into the program within 30 days of the arraignment, or if no arraignment is held due to the filing of a written plea, within 30 days after a written plea of not guilty is filed, or within 30 days of the inception of the Program. The applicant shall apply through the Probation department before the first status conference of calendar call.
ELEGIBILITY:
- Applicant must be charged in the instant offense with Misdemeanor DWLS where the license was only suspended for failure to pay penalty, failure to appear, failure to complete traffic school (except DUI school), failure to pay child support or failure to satisfy financial responsibility/insurance/judgments.
- Applicant cannot have been previously or currently classified as a Habitual Traffic Offender.
- Applicant cannot have had their license previously or currently permanently suspended or revoked.
- Applicant may not have any convictions or suspensions on his/her license for the offense of DUI or a chapter 893 violation.
- Applicant cannot have a prior withhold of adjudication or adjudication for a felony driving/traffic offense in this state or any other jurisdiction.
- The instant offense cannot have involved a traffic crash where the applicant was deemed by law enforcement to be at fault.
- The instant offense cannot have been part of a Felony charge or arrest.
- Applicant cannot have had the instant offense previously disposed of by way of plea or trial, and then subsequently vacate or set aside said plea, conviction or sentence.
- The instant charge may be for any eligible DWLS charge, but the applicant is only allowed to complete the program once. At the inception of the program, all eligible charges that the applicant has pending may be included.
- It is permissible for the applicant to have previously entered another diversion program.
- It is permissible for the applicant to have a limited prior criminal history, except as noted above, but whether such will cause the applicant to be ineligible will be determined by the state on a case by case basis.
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