The short answer is maybe. Let’s see you have been arrested for D.U.I. The State Attorney for Palm Beach county,Florida has filed the formal D.U.I. charge in a document called an “information”. After reviewing the videotape several times and reading through the reports I (The Florida D.U.I. Lawyer) file a number of motions.
Among the motions which I might file would be a motion to suppress physical evidence and statements. In the motion I would seek to suppress the evidence arising from the stop; the field sobriety exercises, the refusal (hopefully) to give a sample of breath, any and all statements made by you and the D.U.I. tape(s), The basis for this motion can vary from alleging the officer did not have reasonable suspicion to stop you to begin with to the officer not having reasonable suspicion to request you to perform roadsides to the officer not having probable cause to arrest you to the officer……. well you get the picture! There would of course be a hearing on the motions.
At the hearing the judge would hear the evidence presented by the state through their witnesses, usually one cop, but sometimes more. The defense (The Florida D.U.I. Lawyer)) would of course artfully cross-examine the witnesses. After the evidence is presented the defense would make argument to the court, hopefully citing relevant case law. The State would then do the same and almost always will refer to testimony that wasn’t even presented at the hearing. The court would then rule. If the motion to suppress as I have outlined it above is granted then the state’s case is gutted. This means the state cannot use the evidence at trial. The state will either nolle prosse (drop charges) or file an appeal, which is rare. The defendant wins.
But suppose the foregoing set of facts but when the state gets the motion they look at their facts and talk to the witnesses. The assistant state attorney determines it doesn’t look good for them so he calls defense counsel (The Florida D.U.I. Lawyer) and offers a reckless driving in lieu of the D.U.I. This is a win. The driver doesn’t get the D.U.I. conviction and the plea on the reckless usually does not involve a license suspension (none of mine ever have). You ask, so what is the advantage? Consider this, the defense counsel is aware anything can happen at a motion or at trial so if a reckless is offered I always advise my client to accept.
If you wish to discuss your D.U.I. arrest you may reach me at 561-616-8700 or e-mail me at DUITIM@floridaduilawyer.com or visit my website at www.floridaduilawyer.com.
Copyright 2008 by Timothy C. Foster. All rights reserved!
Friday, May 23, 2008
Wednesday, May 14, 2008
WHAT EXACTLY IS PROBATION?
This is another brief article on various aspects of D.U.I. defense and process in Palm Beach County, Florida, brought to you by The Florida D.U.I. Lawyer, http://www.floridaduilawyer.com/.
In Palm Beach County, Florida county probation is administered by Pride Integrated Services. Pride has several locations in Palm Beach County. Ok, you have been placed on probation for D.U.I. or even a reckless driving in lieu of D.U.I., and you are wondering what happens.You have already met with the in-court probation officer or went to the probation cubicle on the 9th Floor of the Palm Beach Courthouse where you signed your order of probation (the judge will sign it later) and received instructions for your follow-up appointment.
I always tell my clients to immediately call the number that is circled on a little document that was received from the court probation officer. When that number is called the defendant receives a follow-up appointment. When the defendant arrives at the follow-up appointment he/she will meet a probation officer. The defendant also brings in a money order for $50.00 , this is to cover the first month of supervision costs (yes, that is right $50.00 each and every month until you are off probation). You may also pay your fines and court costs through the probation office, by separate money order of course.
The officer will again, go over the do's and don'ts, which are really simple. First do not get re-arrested for anything. Second, make sure you complete all special consitions of probation. Third, don't drink, if that is part of your sentence. The officer is essentially there to make sure that you comply with all the special conditions. For example, if you went to the clerk's office and paid your fines and court costs, you received a receipt from the clerk. You should give a copy of this receipt to your probation officer, who hopefully will place it in your file. When you complete the D.U.I. School you will receive a little certificate from the school (oh, Pride also runs a D.U.I. School). You should allow your probation officer to make a copy of this certificate. The same can be said of the community service hours, which when you do them make sure you get something on the agency's letterhead to that effect. Allow the probation to make a copy. Ditto, with the Victim Impact Panel. You should ALWAYS retain your copies in a file folder.
A word about probation officers, they are overworked and don't make much money. There is also the possibility that they wish they were elsewhere, such as being a sworn law enforcement officer, then they could really throw their weight around. Or, maybe they really want to go to law school. Don't expect them to be sympathethic with you. They are not your friend! If you violate the terms of your probation they will file an affidavit of violation with the sentencing judge, who will issue a warrant for your arrest.
Well, that is essentially it! If you wish to discuss your D.U.I. arrest, or life, the universe, and everything you may call me at 561-616-8700. My e-mail is DUITIM@floridaduilawyer.com and my website is http://www.floridaduilawyer.com/
Copyright 2008 by Timothy Foster. All rights reserved!
In Palm Beach County, Florida county probation is administered by Pride Integrated Services. Pride has several locations in Palm Beach County. Ok, you have been placed on probation for D.U.I. or even a reckless driving in lieu of D.U.I., and you are wondering what happens.You have already met with the in-court probation officer or went to the probation cubicle on the 9th Floor of the Palm Beach Courthouse where you signed your order of probation (the judge will sign it later) and received instructions for your follow-up appointment.
I always tell my clients to immediately call the number that is circled on a little document that was received from the court probation officer. When that number is called the defendant receives a follow-up appointment. When the defendant arrives at the follow-up appointment he/she will meet a probation officer. The defendant also brings in a money order for $50.00 , this is to cover the first month of supervision costs (yes, that is right $50.00 each and every month until you are off probation). You may also pay your fines and court costs through the probation office, by separate money order of course.
The officer will again, go over the do's and don'ts, which are really simple. First do not get re-arrested for anything. Second, make sure you complete all special consitions of probation. Third, don't drink, if that is part of your sentence. The officer is essentially there to make sure that you comply with all the special conditions. For example, if you went to the clerk's office and paid your fines and court costs, you received a receipt from the clerk. You should give a copy of this receipt to your probation officer, who hopefully will place it in your file. When you complete the D.U.I. School you will receive a little certificate from the school (oh, Pride also runs a D.U.I. School). You should allow your probation officer to make a copy of this certificate. The same can be said of the community service hours, which when you do them make sure you get something on the agency's letterhead to that effect. Allow the probation to make a copy. Ditto, with the Victim Impact Panel. You should ALWAYS retain your copies in a file folder.
A word about probation officers, they are overworked and don't make much money. There is also the possibility that they wish they were elsewhere, such as being a sworn law enforcement officer, then they could really throw their weight around. Or, maybe they really want to go to law school. Don't expect them to be sympathethic with you. They are not your friend! If you violate the terms of your probation they will file an affidavit of violation with the sentencing judge, who will issue a warrant for your arrest.
Well, that is essentially it! If you wish to discuss your D.U.I. arrest, or life, the universe, and everything you may call me at 561-616-8700. My e-mail is DUITIM@floridaduilawyer.com and my website is http://www.floridaduilawyer.com/
Copyright 2008 by Timothy Foster. All rights reserved!
Tuesday, May 13, 2008
THE IGNITION INTERLOCK DEVICE !
I write from the home of http://www.floridaduilawyer.com/ on the topic of the ignition interlock device. The devil, you say! Yes, there is a device called the ignition interlock device. Florida Statute 316.1937 provides for the following: the court may require any person convicted of D.U.I. that vehicle with an ignition interlock device so that vehicle will not operate if the operator’s blood alcohol level is in excess of .05. The length of time is not less than 6 months. Yes, this means in theory a court could order such a device placed on a first offender’s car ( any car owned by him, or leased by him or that he has access to). However, if a defendant had a breath alcohol reading of .20 or above or had a minor (person under 18) in the automobile with him then the ignition interlock device MUST be place on the automobiles.
However, when a person is convicted of a second offense of D.U.I. the court MUST order the placement of the ignition interlock device for a period of at least two years! But the reality is that the device would not even be placed on the car until after the probationary period expired. How so, you say? Because even on a second D.U.I. conviction the length of the driver’s license suspension will be 6 -12 months( unless it's a second within 5 years)! The defendant is placed on probation for 12 months. The defendant is simply not allowed to drive (at least legally) while on probation. So once the license suspension expires the defendant must trot down to the Bureau of Administrative Review, located at 6801 Lake Worth Road, Suite 203, Lake Worth, Fl. 33467 to obtain information on how to proceed (or, they can call me). What this means is that the defendant will not be able to get either a business permit or their regular license back until they provide proof to the Bureau of Administrative Review that the device has been installed!
If you wish to discuss your D.U.I. arrest, life, the universe or anything you may telephone me at 561-616-8700. You may e-mail me at DUITIM@floridaduilawyer.com. My website is http://www.floridaduilawyer.com/.
Copyright, 2008. All Rights Reserved.
However, when a person is convicted of a second offense of D.U.I. the court MUST order the placement of the ignition interlock device for a period of at least two years! But the reality is that the device would not even be placed on the car until after the probationary period expired. How so, you say? Because even on a second D.U.I. conviction the length of the driver’s license suspension will be 6 -12 months( unless it's a second within 5 years)! The defendant is placed on probation for 12 months. The defendant is simply not allowed to drive (at least legally) while on probation. So once the license suspension expires the defendant must trot down to the Bureau of Administrative Review, located at 6801 Lake Worth Road, Suite 203, Lake Worth, Fl. 33467 to obtain information on how to proceed (or, they can call me). What this means is that the defendant will not be able to get either a business permit or their regular license back until they provide proof to the Bureau of Administrative Review that the device has been installed!
If you wish to discuss your D.U.I. arrest, life, the universe or anything you may telephone me at 561-616-8700. You may e-mail me at DUITIM@floridaduilawyer.com. My website is http://www.floridaduilawyer.com/.
Copyright, 2008. All Rights Reserved.
Saturday, May 10, 2008
IS IT POSSIBLE TO PERMANENTLY LOSE YOUR DRIVER'S LICENSE?
Again, I am The Florida D.U.I. Lawyer and my website is http://www.floridaduilawyer.com/!
Yes, indeed you can permanently lose your driver's license for a fourth D.U.I. conviction. When I say fourth I mean fourth at anytime during the individuals driving history. Confused? Let's try this, suppose an individual has D.U.I. convictions in the following years; 1975, 1982,1988 and 2008. Better buy a bicycle and check out the public transportation system ( it's bad). How about this ;1955, 1966, 1975 and 2008. Again, the driver's license is gone. And no it doesn't matter that the Office of the State Attorney charged the last one as a misdemeanor. Whether a misdemeanor or felony, a fourth D.U.I. conviction results in a permanent revocation.
Yes, and of course D.U.I. manslaughter results in a lifetime revocation.
Should you wish to discuss your case with me or chat about life, the universe or anything else you may reach me at 561-616-8700. My website is http://www.floridaduilawyer.com/. You may e-mail me at DUITIM@floridaduilawyer.com. Again, I would suggest that you not drink and drive!
Copyright 2008, All Rights Reserved
Yes, indeed you can permanently lose your driver's license for a fourth D.U.I. conviction. When I say fourth I mean fourth at anytime during the individuals driving history. Confused? Let's try this, suppose an individual has D.U.I. convictions in the following years; 1975, 1982,1988 and 2008. Better buy a bicycle and check out the public transportation system ( it's bad). How about this ;1955, 1966, 1975 and 2008. Again, the driver's license is gone. And no it doesn't matter that the Office of the State Attorney charged the last one as a misdemeanor. Whether a misdemeanor or felony, a fourth D.U.I. conviction results in a permanent revocation.
Yes, and of course D.U.I. manslaughter results in a lifetime revocation.
Should you wish to discuss your case with me or chat about life, the universe or anything else you may reach me at 561-616-8700. My website is http://www.floridaduilawyer.com/. You may e-mail me at DUITIM@floridaduilawyer.com. Again, I would suggest that you not drink and drive!
Copyright 2008, All Rights Reserved
Saturday, May 3, 2008
DO COPS LIE AND WHAT HAPPENS WHEN THEY DO?
Do cops lie? Indeed, they do! Do they lie under oath? Of course, they do! This is how it often goes; a cop stops a suspect for D.U.I.; the cop performs his investigation; he makes the arrest; he writes up his probable cause affidavit. But when he writes it up he leaves out very important details, such as the fumbling for paperwork, the staggered walk of the suspect, bloodshot eyes, slurred speech, flushed face, etc. Often not all, but I have one like it right now!
So at either a motion hearing and/ortrial the cop fills in the missing details. The assistant state attorney will ask the cop what did he observe? And it never fails, the cop will mention details that were not in his affidavit. Well, the first point is that it is a dscovery violation but it is essentially harmless because even if the defense counsel had known, what would he have done differently to prepare for trial (probably not much)? So on cross examination the defense counsel will bring out that the cop didn't mention in his probable cause affidavit everything he just testified to on direct. In additional I always bring out that the probable cause affidavit is sworn to under oath by the cop. And I always make of point of asking the cop why he is remembering more now at the time of his testimony that what he put in his probable cause affidavit. He will say he just now remembered!
So why not just stick to the original report? Because when trial rolls around the assistant state attorney looks at the reports and talks to the cop( you see the A.S.A. s do not like to lose). In all likelihood the A.S.A will point out what is missing from the report and suddenly the cop remembers much, much more! But what does the judge do it about you ask? Not a thing! You see it is expected! Everyone learned long ago that you can't actually expect cops to tell the truth. That they will add facts and details that they left out of their reports is accepted by the judges and especially the assistant state attorneys.
I have actually been in a court and heard a judge ( a former assistant state attorney) state that cops lie all the time. You see he knows it. By his words he even accepts it. But that is our criminal justice system! One can only hope that at time of sentencing (if there is one) the court will take that into consideration!
If you wish to discuss your D.U.I. arrest or life, the universe and everything you may call me at 561-616-8700 or you may e-mail me at DUITIM@floridaduilawyer.com. Please feel free to visit my website at http://www.floridaduilawyer.com/.
Copyright 2008, All Rights Reserved
So at either a motion hearing and/ortrial the cop fills in the missing details. The assistant state attorney will ask the cop what did he observe? And it never fails, the cop will mention details that were not in his affidavit. Well, the first point is that it is a dscovery violation but it is essentially harmless because even if the defense counsel had known, what would he have done differently to prepare for trial (probably not much)? So on cross examination the defense counsel will bring out that the cop didn't mention in his probable cause affidavit everything he just testified to on direct. In additional I always bring out that the probable cause affidavit is sworn to under oath by the cop. And I always make of point of asking the cop why he is remembering more now at the time of his testimony that what he put in his probable cause affidavit. He will say he just now remembered!
So why not just stick to the original report? Because when trial rolls around the assistant state attorney looks at the reports and talks to the cop( you see the A.S.A. s do not like to lose). In all likelihood the A.S.A will point out what is missing from the report and suddenly the cop remembers much, much more! But what does the judge do it about you ask? Not a thing! You see it is expected! Everyone learned long ago that you can't actually expect cops to tell the truth. That they will add facts and details that they left out of their reports is accepted by the judges and especially the assistant state attorneys.
I have actually been in a court and heard a judge ( a former assistant state attorney) state that cops lie all the time. You see he knows it. By his words he even accepts it. But that is our criminal justice system! One can only hope that at time of sentencing (if there is one) the court will take that into consideration!
If you wish to discuss your D.U.I. arrest or life, the universe and everything you may call me at 561-616-8700 or you may e-mail me at DUITIM@floridaduilawyer.com. Please feel free to visit my website at http://www.floridaduilawyer.com/.
Copyright 2008, All Rights Reserved
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