Common Defenses for a Florida DUI
If you have been caught over the limit in Florida and you have been charged with DUI, you need to consider carefully your next move so that you don’t end up with the maximum penalty for such an offense. Florida treats DUI offenses seriously and even if you are a first time offender you could end up with of at least a $500 fine and lose your license for 180 days. If you have a child in your vehicle when you are apprehended by police the penalty imposed on you could be far higher. When you are first arrested you should ask to see Miami criminal defense attorney, Albert Quirantes, who knows how to put up an aggressive defense on your behalf.
Improper stop by police
An improper stop by the police is one of the commonest defenses used by attorneys, as police officers can only stop a driver if they have reasonable suspicion that an offense has been committed. If a police officer apprehended but had no good cause to do so, you can petition the judge to dismiss the charges. Although this defense can work under the right situation, it’s still hard to achieve. The police may say they had a solid reason to suspect you of a violation and then proving your story will be a challenge.
Improper managing of evidence
So that the rights of Florida’s citizens are always protected, the courts and police are required to follow strict rules when arresting or handling evidence related to an alleged criminal. For example, you are protected under the Miranda rights, which means you don’t need to say anything if it could be used in evidence and incriminate you. Other evidence may be obtained by using sobriety tests on the side of the road, but strict rules need to be followed if the results of the tests are to be used as evidence.
Improper managing of the breathalyzer test
The other method of testing someone suspected of DUI is to administer a breathalyzer test. This cannot be done by any police officer but only by one who has completed the training satisfactorily. The test has to be done correctly; otherwise the results will not be valid when a police officer tries to use them as evidence to get a conviction. Trained police officers have to keep their certification up to date but they don’t always get round to doing this.
It’s hard to fight a DUI successfully without the help of an experienced Miami criminal defense attorney who know the tricks that the prosecution play to get a prosecution. A criminal defense attorney ensures all the rules have been followed and the evidence has been collected in such a way that no laws are broken. If you are in this situation and need representation, don’t hesitate to call Miami criminal defense attorney, Albert Quirantes, at 305-644-1800 today to arrange an appointment.
Albert Quirantes: Your Miami Criminal Defense Lawyer & DUI Lawyer
For over 30 years, Miami criminal defense attorney Albert M. Quirantes has been aggressively and zealously defending the rights of those accused of felony and misdemeanor crimesthroughout South Florida. With his dedicated team, reasonable legal fees, and a well-earned reputation for challenging prosecutors at every turn, he has protected over 8,000 clients during some of the roughest times of their lives.
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If you have been arrested and charged with a crime, please call us today at (305) 644-1800 or fill out our online form to arrange for your free, confidential initial consultation.
If you have any questions about this or any other criminal accusation, call Miami Criminal Defense Lawyer Albert Quirantes at: (305) 644-1800 or visit our homepage www.CriminalDefendant.com for a direct link to the office or a text message or a map and directions to our office.