Orlando DUI Blog - Drunk Driving and Legal Advises

How Can You Protect Your Rights during DUI Investigation?

noreply@blogger.com (Anonymous) — Fri, 14 Sep 2012 08:51:00 +0000

In the charge of Orlando DUI, it seems that almost everything including the implicit significations of every allegation are bad or negative not just in the provision of the law, but also in the presumption of people who just base their judgment on what is being tagged on the accused. This is apparently an indiscriminate act which is violative of the rights of the accused for the presumption of innocence until otherwise his guilt has already been proven; thus, it is one concern which should be carefully taken by an offender who wants to purify himself against the unjust claims being thrown at him. It is the positive side then which may be considered as good when the accused upheld his valor and stand on the safe ground to protect his rights.

However, this may not be commendable to ask, but to be fair with the cycle of events in reality, how many accused today are aware of their statutory rights in terms of DUI stop, investigation, and arrest? It may be less or more than what your fingers can count, but for certain, your hands would not clap to praise the truth that not so many are protected by their own rights? Why is that so? Ostensibly, the prevalent cases of unlawful search and arrest have already been recorded in the courts and consciousness of every citizen; you can be one of them if, one day in the future, you'll get arrested without any technical cause, but only the effect of your own mistake by not having properly invoking your rights at the right time. For this reason, therefore, that you must seriously take the following considerations or steps in protecting your rights while under investigation by the police officers:

Refuse to Be Searched without Valid or Probable Cause – you always have the choice to refuse for any search which the authorities are trying to do in violation of your right to privacy. For instance, when you were unlawfully stopped, you can resist stepping down from your car and have yourself and your vehicle be examined by the police officers. If they insist to do without your consent, then that is already tantamount to illegal search which you can use to file a lawsuit against the officers. Nonetheless, if there is a probable cause, then they have the authority to do so, and you have no other option but to follow to avoid being presumed as guilty of their allegation.

Resist to Be Examined with Improper Procedure – if you know that the proper process is not followed by the officers in examining you, then you can resist to cooperate until it is already corrected. In the instance where the machine is at fault, then that's more than just a reason to refuse for, otherwise, you'll be acting with prejudice and inflicting an injustice to your own self.

Refuse to Answer Self-Incriminating Questions – if you're compelled to answer self- incriminating questions, then that is violative of your right against it and to remain silent. Hence, if you're in this situation, don't be afraid to utter no words rather than obey what you know is not right and against your safety.

Having a Lawyer During Interrogation by the Law Enforcers – this is another excellent option which can ultimately save your rights from being violated by the police officers. With a lawyer on your side, you can know when to refuse and when to obey, and likewise, you will also have a competent guard from legal consequences you might be facing following your arrest.

There is really no other way in protecting your rights under the law and against unjust prosecution than your well-informed self who knows when to admit wrong and refuse from committing another wrong; it's always a choice, but can never be an option to let yourself becomes a mere puppet of the law.

What if You Refuse for DUI Tests?

noreply@blogger.com (Anonymous) — Fri, 07 Sep 2012 11:28:00 +0000

DUI Testing

Refusing to be examined by the police officers after stopped for the alleged DUI in Tampa is a personal right, but not a matter of defense nor immunity from suit and liability when your acts are apparently not normal, or the air you exhale attests your guilt for driving while intoxicated. For such, it is undisputed that you have two choices when you're already got caught: (1) take the test to prove your innocence, or (2) refuse from being examined to admit your guilt? You really have no place of escape and no reason for defense when you're doubtless that your alcohol level is beyond the legal limit. But you always have the opportunity to wish that the judgment would be the opposite of what you and the mobs think it would be.

The reason why, to avoid making a “monster” that would haunt you every time the spirit of alcohol flashes back into your thought, it is always safe to invoke you rights and know the relevant laws because it is neither good to just wait to be fined and jailed when your illicit acts are not yet proven beyond reasonable doubt. You might be thinking now of the consequences you would have after the refusal for DUI tests. Under the law of most states, the same penalty is imposed for those who refuse and the others who take; it is so because the mere refusal is tantamount to the admission of guilt. But don't think that the test is violative of your right to privacy because the implied consent principle states that the moment you acquired driver’s license, you have already impliedly given your consent to be examined for sobriety.

Regardless of which, however, it is already an established rule in the state's jurisprudence that the refusal may not preclude a charge for DUI and the police officers can present other evidences such as physical manifestations and chemical signs which may be apparent in the driver's breath to show that the accused was really under the influence during the time of arrest. And what is even worse is that the DUI and refusal to take tests could be considered as separate offenses or that the latter could be an aggravating circumstance to the former which could bolster the penalties imposed thereto. Thus, before confronted with this unfavorable situation, it is wise to note the following implicit signs (when you utter no words, but your acts convey a definite message) that you are refusing for DUI examinations:

· If you do not explicitly say “yes or no” to have your breath, blood, or urine, examined by the authorities;

· If you provide breath samples that are not within the minimum alcohol level, but refuse to take another test, or if you blow on a breathalyzer only once and refuse to do it again;

· If you agree to take any test, but do not give samples within the given time provided for by the law during the DUI arrest

;

· If you become argumentative or abusive during DUI arrest. the period of arrest or request to take the tests.

Nevertheless, this does not at all mean that when you are already stopped, you have no other option except to grant the request to take the test so as to avoid having further penalties; you have the right not to do so when there was a violation committed by the police officer during the stop or arrest. For instance, when you were illegally stopped without any lawful cause, then that could be an infallible ground which you could use as defense for refusal and against the arresting officer.

Underage Drinking is Not a Minor Offense

noreply@blogger.com (Anonymous) — Wed, 05 Sep 2012 07:11:00 +0000

Underage Florida DUI arrest already become a common offense of teenagers in the United States today, and it still continues to rise as the youngsters are given an almost unrestricted freedom by their parents, or are being induced by their tempting environment to submerge themselves with the evil of alcohol that could bring horrible disaster to their future and the safety of the road travellers. It is thus unfortunate that the thousands of teenagers who die, get disabled, or face burdensome legal consequences every year are the innocent victims of their own vice – drinking too much and driving with a speed beyond the safe limit of their lives.

And no matter how high the degree of sympathy the world would extend, it would take no effect not until the teenage offenders learn from their mistakes. When would this time become a reality so there would be no minors who will be put to death by the alcohol? Well, this may only seem unrealistic for the parents who are now hoping that their children being tried for a DUI offense would be acquitted and would change soon after the trial. It is not certain, but it is often quite ironic, though, that these young antagonists of the law seem to be ready in facing the consequences of their unlawful act.

Commonly, the burden imposed by a DUI offense are the heavy fines and incarceration which may vary depending on the circumstance of the case. Nevertheless, the case of minor offenders differ as to how much level of alcohol is qualified for violation, and how they should serve their penalties. As you may probably know, every state in the U.S. has a “zero tolerance policy” in relation to the stringent resolution to the prevalent underage drinking. One proviso in this policy is any driver below the majority age (21 years old) can be stopped by authorities if suspected to have an alocohol level of .02 or higher. It is significantly far from the .08 alcohol limit for the drivers above 21 years old. Hence, if got caught, an underage driver would have to go through with the folllowing:

Mandatory Alcohol Assessment and Education – this is the initial process that an underage driver convicted of DUI would go through. In this case, the offender will be interviewed by rehabilitation psychologists or specialists to ascertain how the alcohol has influeced the life of the teenager and if it can lead to addiction. Yet, part of which is a cumpulsory attendance in alcohol education classes wherein the underage offenders are taught about the ill effects of alcohol on human health, and other consequences that might be caused by intoxication.

Driver's License Suspension – if an underage DUI offender has already his own license, then it would be suspended by the state authorities which is usually for 90 days. But on the second violation, it will be increased to one - three years depending on the circumstance of the case. However, in the case where an offender don't have yet a driver's license, then the penalty would be that he will not be allowed to get license until eighteen or twenty- one years old.

Incarceration and Fines – this is the worst consequence of the underage DUI for an offender may be penalized from three to five years of probation or incarceration for one year either in a common jail or any detention center. It should be noted, however, that the span of incarceration and the amount of fines differ in every state and are dependent on the circumstance of the case.

The underage drinking is indisputably not a minor offense notwithstanding the fact that the offenders are minors; this the essence of equality under the law where no one can escape any liability as a consequence in violation thereof. Thus, if you or your peers are charged with DUI, then get ready to be prosecuted and convicted if you don't hire a competent defense attorney to protect your rights and freedom from liability.

Why is Teenage Drunk Driving a Horrible Issue?

noreply@blogger.com (Anonymous) — Sat, 01 Sep 2012 08:47:00 +0000

When a positive deed becomes a habit, it could cause productive relationship with other people and would consequently lead to a safe and joyful living, but when a negative act like driving under the influence of alcohol turns into a regular practice, then it could end nowhere else but to a great danger on the future of the offender. To fight DUI arrest is nevertheless the prevalent case among the drunkard teenagers today especially in the United States where it was recorded that more than seventy percent of teenagers drink alcohol, and it becomes one the major causes of early deaths especially when they drive while intoxicated.

As what have been revealed in one study, one out of ten teenagers drinks alcohol at least once a month; over 500 youngsters below fourteen years old are arrested in just one year for driving under the influence of the said substance, and; sixty percent of teenage deaths in car accidents are related to alcohol intoxication. Yet, what is even worst is the fact that in less than 30 minutes, somebody dies in a DUI-caused accident. But perhaps the following statistics by the National Highway Traffic Safety Administration is what is more dreadful about the underage drinking today:

-More than 40 percent of 8th grade students have taken few sips and admitted to be drunk of alcohol every school year;

-Over 50 percent of students in12th grade admitted to being drunk at least once a year;

-At least 10 million people between15-20 years old confessed of getting drunk once a month;

-Not less than 2 million young people are recorded to be heavy drinkers.

Meanwhile, regardless of minor or adult, it is an established rule in almost all states that a DUI offense has a corresponding penalty depending on the number of times it was committed and the circumstance of the case which may either be mitigating or aggravating. However, commonly, the following are the sentencing guidelines for the said violation:

-Fine of not less than $100

-Impounding the motor vehicle
-Revocation of driving privileges for a certain period of time
-Rendering community service
-Attending driver’s education classes

Nonetheless, the main issue being brought up to everybody's, especially to the parents, concern is the query on why such case is still getting worst every year causing many innocent victims to be injured or killed as a result of the misconducts of the teenagers. It is primarily contributed to the unrestricted freedom given to them and uncontrolled peer pressures. Hence, as a solution thereof, several states have lowered the blood alcohol limit to .10 from .08 and likewise raised the legal drinking age to 21. This, according to the Traffic Safety Administration, has been proven to be effective in reducing the likelihood of the teenagers to be involved in DUI-related accidents. But it is to be noted that it still calls for the cooperation of the concerned agencies and, most importantly, the parents who are always in direct command of their children.

Issues that You should Look Out for during DUI Trial

noreply@blogger.com (Anonymous) — Thu, 30 Aug 2012 01:15:00 +0000

After your DUI arrest, the next concern you have is on how to make yourself ready for the legal consequences you will be confronting during and after the trial; but, prior to which, what can you really do when you seem so defenseless or there being no help available on your apathetic side? The ostensible recourse is to hire a defense attorney who is neither an efficient alternative nor the best means to eradicate any liability stipulated on the unlawful conduct that you did and in order to fight your DUI . Contrariwise, your hope for acquittal could just be enlightened if you are wise on looking out for the potential issues which can serve as your main armor against the explicit intention of the prosecution to convict you beyond the reasonable doubt of the court.

Nevertheless, before any doubt could be established, you always have the opportunity, through your counsel, to present relevant evidences as to the facts of the case, the laws involved therein, and the violations done by the police officers during your arrest. Neither of the three, however, could be effectively employed when you are oblivious of the things which you must determine to be able to successfully counter any allegation or accusation against you. Thus, you should be meticulous enough in ascertaining and recording any essential detail about the entire story of your arrest. For instance, when you were unlawfully stopped and searched by the law enforcers, then you should have it recorded so you can properly invoke your rights against any misconduct of the agents of the state, and utilize the same as evidence during the trial.

It seldom happens, however, that the violations of the state agents were successfully employed by the defense party to twist the law and the verdict of the judge; hence, as a consequence thereof, the case leads nowhere else but to the agony of the accused who is obliged to compensate his offense through fines and incarceration. This consequence could have been possibly lessen or eliminated when the defense had evaluated and utilized the following trial court issues in favor of the accused:

Failure to Prove DUI – if the prosecution's evidence is insufficient to prove the guilt of the accused, then the presumption of innocence of the accused would certainly outweigh the mere allegations of the authorities. Yet, even if the defendant admitted as true some accusations during the interrogation, that fact alone cannot put him under the custody of law, or neither can he be fined nor jailed. Thus, the goal of the defense attorney in every trial should always be to counter any allegation unsupported by facts so as to establish in the minds of the juries the innocence of the defendant.

Inconsistency of Statements by Police Officers – when the statements of the police officers are inconsistent from the commencement up to the last stage of the trial, then it can be a good ground for the defense to assail the reliability or credibility of his statement as an arresting officer or witness against the accused. This can also be considered as one vital proof that the defendant deserves to be acquitted because there was violation done by the officer against the rights of the alleged offender during the arrest.

Arresting Officer's Disciplinary Record – the disciplinary record of the police officer is another evidence which the defendant's attorney could utilize to prove the accusation against the injustice the former has committed against the accused such as not having him informed of his rights, or stopping him along the way without any valid reason or suspicion. Hence, if such proof is well-established, then the credibility of the officer would be in the dim light during the trial which may then trigger doubt to the juries.
Failure to Provide Speedy Trial – if an accused is not given a trial within a specific time because of the consistent delays of the court, then it is a legal ground for the dismissal of the case without prejudiced to the allegations of the police officer. For this reason, the defense counsel should always take it as one serious duty in filing a dismissal request due to the delay of the case.

The liabilities imposed by the law for DUI offense are really tough to extinguish, but with a well-experienced defense attorney who knows how to fight for the injustices against the accused, there can be no reasonable doubt which the prosecution can speciously establish.

If you're involved in a DUI case, then now is the time for you to have our competent legal service. Contact us!

The Dilemma Of Teenage DUI Offense

noreply@blogger.com (Anonymous) — Fri, 17 Aug 2012 10:01:00 +0000

One of the most crucial stages in the life of a person is the teenage years. This is the time that is considered to be the most dangerous in a vulnerable sense. Teenagers are too sensitive in everything that they do. They just decide on their own without even realizing the possible consequences and effects of their actions. They are too aggressive that they do whatever comes into their mind. What they have in mind is just to seize everything that comes in their way. These traits might be good but as they say, everything has its pros and cons. What makes this stage dangerous is that because they are too aggressive they sometimes inevitably get involved in accidents and other dangerous situations.

Teenagers always feel that unexplainable excitement the very first time that they get their drivers license. They feel so good the moment that they get the touch of their own car, drive it all the way and be in places that they have been dying to be in. This excitement becomes a tragedy when they meet road accidents. Worse is, the accident is not mainly the result of driving alone but more so, it is triggered by the intake of alcoholic substances and drugs. This is the most common reason why the number of teenagers that have been involved in DUI cases is increasing rapidly. To make things more alarming to the parents, the following data have been gathered to prove that teenage DUI offenses is a serious problem. Taking a close look at the date will make teenagers realize how difficult the consequences would be when they involve themselves to such offense.

In 2007, a survey conducted by the National Highway Traffic Safety Administration indicated that there are 17,000 who lost their lives due to driving under the influence. The sad thing is that, 1/3 of this data concluded that the victims were teenagers from ages 15-20.
When teenagers get involved in road accidents, 60% of the recorded deaths are due to DUI.
As stated in the survey of National Highway Traffic Safety Administration, there are 70% teenagers who drink alcoholic substances.
In 2005, 28% of the teenagers who died in car accidents were under the influence of alcohol.
It is also revealed in statistics that there is an average of 8 teenagers who die everyday due to DUI.

These are just some of the most important data that not only parents or teenagers should give a close look to but these are for everyone. DUI is a serious offense. If involved, aside from having the chance to get killed, the consequences that one has to face can be long term which could create agony to one's life.

Teenage life is the happiest stage in someone's life. And life is just too precious to be wasted caused by aggressiveness and poor decision making. Life should be spent in the most careful way.