Traffic Law

                   

If you have been arrested and charged with Driving under the Influence (DUI) , Driving While License Suspended (DWLS), or any other traffic related offense in Florida, it is very important to have an experienced criminal defense attorney to help you with your case. I have represented people charged with crimes in Florida Courts for the past ten years and have the dedication, knowledge, and experience I am sure you are looking for in hiring an attorney. Call me for a FREE CONSULTATION AND CASE EVALUATION on your Driving charge. 

 

 

  

  

Driving Under the Influence ( DUI )

Administrative/DMV Review

 If you have been arrested for DUI, it is important that you take immediate action. You have only TEN(10) days from the date of the arrest to contest the administrative suspension of your license. If you have never dealt with DMV for an administrative review hearing, the best way to simulate the experience is to go try to have a conversation with a brick wall. The hearing officers are trained to uphold the driver's license suspension that you are facing. Having an attorney experienced in handling these matters is the best way to have a fighting chance. There are defenses to an administrative suspension and I will explore and argue all such defenses in an attempt to save your driver's license.

Many times, these defenses are of a technical nature. This is most common in cases involving breath testing machines. The Department of Motor Vehicles at an administrative review hearing is required to consider the accuracy of the machine and must have supporting documents in the record. If not, your suspension should be overturned. Sometimes, the defenses are not as technical and can be something as simple as errors in the paperwork submitted by the arresting officer or even the officer's failure to appear for the hearing. In either of these instances, the suspension should be overturned and you are likely to get your license back.

Even if not sucessful in the administrative hearing, it often can provide valuable insight into the case against you that can help me as I prepare your criminal case.

Pre-Trial motions/issues

 An experienced DUI lawyer will aggressively use all means by which the State's case can be called into question. For example, why were you stopped in the first place? The police, despite what they seem to believe at times, can not just stop a vehicle to satisfy a hunch or as a pretext to search you. There are only two primary means by which a cop can lawfully stop you:

1. He has "probable casuse" that you committed a traffic infraction or

2. He has "reasonable suspicion" that you were under the influence.

Anything else will not suffice and should be argued to the Judge in a motion to suppress the stop. If successful, most likely the case against you will be dropped.

Oftentimes, an anonymous caller is the reason for the stop( i.e.- another motorist calls the police to report erratic or unusual driving). If the police stop you under these circumstances, without themselves observing such driving, this is an ILLEGAL STOP and ,under Florida Law, suppression of the stop is required.

Were you detained at a roadblock? again, the police have very strict guidelines to follow in the establishment and operation of roadblocks. Where procedure is not followed, Florida Law requires suppression.

 Did the police officer have enough legal suspicion to ask you to get out of the car? Did the police have enough legal suspicion to ask you to perform field sobriety exercises? Did the police  administer the field sobriety exercises correctly? Did the police  have probable cause to arrest you? Was blood or urine requested? ( if so, why?) Were you given the breath test within a reasonable time?

These are just a few of the several types of questions an experienced DUI attorney should be asking you to determine if a reason exists to attack the State's case against you

Trial 

There are two ways by which the State can charge and prove Driving under the Influence:

1. driving with an unlawful breath/blood alcohol level ( >.08 gms alc/210 ltrs breath) or

2. driving to the extent that "normal faculties" are impaired   

 Although it might not feel like it once you are caught up in the system, you remain INNOCENT unless proven guilty. The burden is entirely on the State of Florida to prove your guilt beyond and to the exclusion of a reasonable doubt. This is a very high burden to meet and you will walk free after trial unless a jury unanimously agrees that the State can meet this burden. You can be assured that if we go to trial you will be vigorously defended

 

 

 

The penalties for DUI are harsh and seem to get harsher every year. The consequences of a DUI conviction are far reaching. If you are looking for an experienced, thorough, and aggressive DUI trial attorney, please call me today TOLL FREE at 800.587.1486 to schedule a FREE DUI CONSULTATION AND CASE EVALUATION.

___________________________________________________________________________________________________________________________________________________________________________________________________________________________________ 

Driving While License Suspended ( DWLS)

 If you have been ticketed or arrested for Driving While License Suspended (DWLS), call me today for a FREE CONSULTATION AND CASE EVALUATION. There are two species of DWLS in Florida:

1. DWLS with knowledge- a criminal charge

2. DWLS without knowledge- a civil infraction

Be advised ,however, that even though DWLS can be charged as a civil infraction- if you are convicted of the offense it WILL COUNT as one of three offenses that can result in you being labeled a Habitual Traffic Offender ( HTO) which comes with a five (5) year revocation of your driver's license. DWLS therefore is always serious, no matter which way it is charged. You can benefit from having an experienced defense attorney on your side anytime you are facing a DWLS.

There are entirely too many reasons why someone's license can be suspended. Common reasons seem to be failure to pay a ticket, failure to appear in court, failure to pay child support, or accumulation of too many points on your license. Also, suspensions can result from convictions in court for DUI, drug offenses, and even theft.

THERE ARE WAYS TO FIGHT A DWLS CHARGE. One of the more obscure options you might have available, depending on the reason you were suspended, would allow you to never have to appear in court, even if charged as a felony! This is referred to as an "administrative disposition" and is only limitedly available and must be done before your first scheduled court date. Call me today to see if could qualify for such a disposition.

More common means to fight a DWLS charge usually involve a challenge to the validity of the traffic stop in the first place. If the stop is deemed invalid, then the DWLS charge that resulted from the stop could be dismissed. Furthermore, even in instances where the stop is valid, you could have a legal excuse for driving. This is commonly referred to as the "necessity defense". These are but a few of the possible means to attack a DWLS charge.

Even in cases where the case agaist you seems good, you still can benefit by having an experienced defense attorney by your side. Often, I can work with the prosecutor to allow you enough time to obtain a valid driver's license. If you are able to do that, it is not uncommon for the prosecutor to dismiss the charge or to reduce it to a No Valid Driver's License charge. As such, it would never count against you towards habitualization. My goal will always be to obtain a result short of a conviction for DWLS

If you have been charged with DWLS and want to arrange for a FREE CONSULTATION AND CASE EVALUATION, call toll free today at 800.587.1486

 

 

 

 

 

 

 

 

 

 

 

 Email: Kurt@TeifkeLaw.com