What Are My Rights?
Many people believe that in order to not be arrested you must fully cooperate with the officer that pulled you over. This is certainly the impression that the police would like for you to believe. "Just answer all of my questions honestly or I am going to have to arrest you" is usually how the speech goes. However, this is not always the case. Police officers have a lot of discresion of whether to arrest you or not but many times they need your cooporation to gather enough information/evidence against you to make the charges stick.
It is your right to not provide that extra information (name, dirvers license and insurance card). Remember, you have the right to remain silent becasue anything you say may and will be used against you in a court of law. If the officer asks if you have been drinking, do not be intimidated into answering. Simply state that you respect the officer's right to ask you the question but he must also respect your right not to answer.
Additionally, many times the officer will ask you to perform roadside soriety tests such as standing on one foot or walking a straight line. In Florida these test are mandatory and you cannot be forced to perform them. You can simply let the officer know that you respect his right to ask you to perform these test, but he must respect your right to not perform them.
Lastly, if you are arrested and brought to the station and asked to provide a breath sample you must do so or you will loose your Florida drivers license for a year. However, these machines are not always accurate and you could be wrongly accused of having a BAC which violates the law (over 0.08) if you do decide to provide a sample.
Your Defense Starts By Contacting Us!
The sooner you contact our office the sooner we can start your defense. In order to put pressure on the State Attorney's Office we move very quickly and file the necessary paperwork to preserve your rights. Those rights include your right to continue driving during the duration of your case and your right to a speedy trial.The State of Florida will automatically suspend your driver’s license 10 days after the date of your DUI arrest unless you request a special administrative hearing.
From Your First Hearing to Trial
From your first hearing to your jury trial our office will be there for you; using every possible resource for your defense. Our office is always available to speak with you about your case and your attorney will promptly return return your phone calls.We understand the stress and uncertainty that is associated with being arrested and we will help you to understand your options. |