I AM CHARGED WITH DUI. WHAT HAVE I
GOTTEN MYSELF INTO?
The first thing is not to
worry. The best way to fight your charges is with a strong will and an
experienced attorney.
You do need to be aware that DUI is considered a crime. If convicted
you may face time in jail. In addition, you would have a conviction on
your record.
We feel that it is important to do everything within your power to
fight getting a conviction.
We can advise you regarding fines, suspensions and ramifications of multiple
offenses.
HOW CAN McDERMOTT LAW FIRM HELP THE DUI
CLIENT?
We first file formal pleading on your behalf and demand
copies of all police reports. The lawyers personally review your police
report and seek to find areas that may result in possible defenses or
suppression of evidence. Often times, the facts of the case may look bad,
but there may be strong legal issues that may work toward your benefit. McDERMOTT
LAW FIRM has the staff as well as the research tools available to explore
these issues.
Next we get a copy of the videotape if there is one.
Often times the videotape is helpful in your defense.
McDERMOTT LAW FIRM will review the video with you.
If you gave a breath sample, the McDERMOTT LAW FIRM
will get the maintenance documents for the Breath Test Machine used to test your
breath.
We explore all legal and factual issues with respect to your case. Your
case will get individualized attention from an experienced attorney.
McDERMOTT LAW FIRM will maintain communications with
the Prosecutor in hopes of negotiating a favorable disposition of your case.
If we cannot dispose of the case in a manner favorable to you, we will take it
to jury trial. Having an attorney who is willing to take your case to
trial is an important step in fighting your charges.
THE OFFICER TOOK MY LICENSE
If you had a reading of .08% or above or refused to submit to a breath test,
the officer can suspend your license right there at the scene. This is a
suspension by the Department of Highway Safety and Motor Vehicles, which has
nothing to do with possible suspensions by the Court if you are convicted of DUI
(DRIVING UNDER THE INFLUENCE).
If you act fast enough, McDERMOTT LAW FIRM can
schedule a Formal Review of the officer's suspension of your license. At
the formal review, we have an opportunity to question the officer as to why he
suspended your license.
In some cases, a driver can get a hardship permit for employment.
I DIDN'T GIVE A BREATH SAMPLE
Although this usually results in an administrative suspension
of your license, it leaves the prosecutor with less evidence to convict
you. However, the failure to submit to a breath test is usually used
against you at trial.
The officer will still usually testify that you had an odor of alcohol on
your breath.
I DID GIVE A BREATH SAMPLE
You may feel bad about having a breath test result that is over the legal
limit.
There are several ways to have the results suppressed.
Only hard work and attention to detail will reveal ways to attack the
admissibility of the breath result. McDERMOTT LAW FIRM will get
copies of maintenance documents of the breath test machine used to test your
breath.
Often times, the result of the breath test is well below the
legal limit. This can sometimes lead to a reduction of the charge of DUI.
Chemicals, paint, solvents and other fumes may affect the reading of the breath test. You may work around substances that may show up as alcohol on the breath test.
Dentures, False Teeth, Acid Reflux and other conditions may also affect the reading of the breath test.
Our attorneys regularly attend DUI seminars throughout the state of Florida to keep updated on the various techniques used in attacking the breath test.
VIDEOTAPE
If the officer did take a video, McDERMOTT LAW FIRM can
order a copy. Careful viewing of the video by an experienced attorney is
key in preparing your defense strategy.
I COULDN'T PERFORM THESE TESTS SOBER
This is often the case. Field sobriety tests are very difficult to
perform by any person.
Often, our clients forget to tell the officer about a childhood injury, which
may affect performance of the Field Sobriety Tests.
Field sobriety tests, according to the United States Department of Transportation, must be done in accordance with specific guidelines set forth by the Department. Most Florida law enforcement
agencies administer tests using the criteria set forth in the "DWI DETECTION & STANDARDIZED FIELD SOBRIETY TESTING" Student Manual. McDERMOTT LAW FIRM
keeps an updated copy of this publication. This publication is an excellent tool to cross examine and call into question the actions of the officer who administered your field sobriety tests.
It is not recommended for overweight people or people with inner ear infections to perform tests such as "WALK & TURN" AND "ONE LEG STAND."
A video with a seemingly impaired defendant is not always as damaging as it may seem. Many arguments can be made for why an individual was not able to perform the difficult tests.
Our attorneys regularly attend DUI seminars throughout the state of Florida to keep updated on the various techniques used in attacking the results of the field sobriety tests.
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