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a cop with no evidence other than his own testimony detailed a report of 5 failed FSTs during a dui stop. of which 3 were standard (Walk and turn, Horizontal Gaze Nystagmus, and Walk an turn) and the use of the extra 2 Romberg tilt test, and the finger to nose. The report states that all 5 of the tests were failed based on a number of varying queues. Does the use of the additional 2 tests aid in any kind of defense that could be attacked or challenged? Does each county have its own admissible acceptable uses for non-standard FSTs per NHTSA?
The fact that a LEO administered more than 3 tests can cut both ways either he was looking for confirmation of being...
I was pulled over for 2nd DUI in 5 years. the state is offering mandatory minimums. here are some details discovery showed no dashcam video/audio, just an (inaccurate) report of failing pretty much every FST I refused a breath test and didn't blow report says I was weaving, speeding (estimated, no radar gun) and driving with my hazards which I explained was because just minutes prior I had to replace my tire on the side of the road. I have 2 witnesses that can account for 4 hours of me not drinking, though I admitted to having a couple hours earlier in the say for my birthday. does this seem acquittable by jury trial?it appears to be my only option as I'm in school and a conviction would be detrimental
Retain counsel. A conviction will follow you forever.
could this hold up as probable cause for a pullover that resulted in a dui? not maintaining a single lane and traveling with hazards,weaving and drifting. The amount of time spent following was < 2 mi but was also not specified in the report. There is no other remarks made about the time spent observing the vehicle, nor is there footage of any aspect of the pullover. Is there grounds for a suppression here ?
Retain an experienced attorney who handles DUI matters. Suppression hearings are not for amateurs.
Just wondering what the actual jail sentence turns out to be for someone who's had 4 DUI's in FL. I understand a person can be sentenced up to 5 years, but I am just trying to get an average. These DUI's occurred over a 14 year period. First 2 were outside of 10 years before the second 2. There was also a DUI in another state within 5 years of the last 2 in FL. No accidents, injuries, property damage and thank GOD no one was hurt in any of these DUI's. All were completed and cleared up before being convicted of another one with exception of the most recent. Probation was never violated, fines were all paid, license was reinstated. State is offering 4 years in prison. Should we assume this will be the most likely outcome? Thank you for any responses.
One should NEVER assume that the state's "offer" is the likely result. I would respectfully suggest that each DUI...
in florida, if a formal administrative hearing is requested after a dui arrest, does the arresting officer and/or certified breath tester have to show up tp the formal administrative hearing, or will the hearing officers sinply read the arrest report and make a decision? what happens if the officer does not show up, but on paper according tp the arrest report, there was a refusal to blow? does the suspension still stand on those grounds or would it be thrown out based on the arrestibg officers absense?
First, DUI cases - especially the administrative DMV component are complicated and should not be navigated by law...
requires this in order to get your license back? Thanks for who ever responds back. Appreciate any advise.
Have you asked DMV ? Call and ask.
i know this is a too broad area to get any specific insight. I just wanted to hear some stories. What are your experiences defending a DUI that you've actually won by attacking the FSTs ? Won as in acquitted, not jut reduce charges or dismissals. What were some of the points you hit ? Was there any other evidence used against your clients like breath tests or dash cams? Did your clients have witnesses to help defend their seemingly sober disposition before the stop ? Thanks
You are no going to get chapter and verse from me on line as to either my strategies or techniques or accolades or...