Fighting Your DUI:
An experienced Defense Attorney can fight your DUI by attack all of the elements of the State’s Case. Anthony Rickman has successfully represented his clients t every stage of the DUI case and will do the same for you.
A DUI is generally broken down into the following three components: (1) the traffic stop (2) The Field Sobriety Exercises (3) the Breath Test or Refusal. By attacking these parts of the case individual Mr. Rickman may be able to have the case dropped completely or be successful at a motion to dismiss.
Most DUI cases are based primarily on the interpretation of four pieces of evidence.
1. The Stop of your vehicle
The crucial part of your case involves the stop of your vehicle. In order to lawfully stop your vehicle, Law Enforcement is is required to prove hat they had probable cause that you committed a traffic infraction or reasonable suspicion that you were ill, tired, committing a crime or impaired. If the Officer who stopped your vehicle lacks the legal justification to do so then your entire case could be thrown out. Anthony Rickman has argued hundreds of motions regarding illegal traffic stops that resulted in his client’s DUI’s being dropped, reduced, or dismissed by the Judge. If you feel your vehicle was unlawfully stopped buy the police it is important that you contact Anthony for a free consultation today.
2. Field Sobriety Tests
The police in 95% of the cases use Field Sobriety Tests as the primary indicator of
impairment to determine whether or not a person will be arrested for DUI.
However, there are a number of factors that can lead to a mistaken interpretation
of your impairment, such as:
- Being nervous, scared, tired or distracted during testing.
- Physical disabilities which prohibit one from performing the tests to the satisfaction of the arresting officer.
- One’s own natural lack of coordination and balance in everyday activities.
- The environment in which the tests were conducted:
- -Were the tests performed on a flat level surface?
- –How close to the roadway and traffic were you?
- –The lighting condition or lack there of?
- Were the Field Sobriety Tests merely told to you or demonstrated correctly?
3. The Breath Test or Refusal
If you refused to provide a breath sample the State may argue that you did so because you knew you were guilty. This argument is flawed in many ways. If you have a refused the state will use your refusal against you. It is important that you have an experienced lawyer who is able to rebut the State’s arguments.
If you blew over the legal limit, it does not mean that you are guilty of DUI. There are multiple reasons as to why a person may have a high blood alcohol level and not be impaired. Anthony Rickman is experienced in handling cases where his clients had blood alcohol levels above the legal limit. Utilizing state of the art software, scientific equations, and his vast experience Anthony is able to present to the State evidence that would suggest that the blood alcohol reading taken at the jail is not what it was when you were driving.
Additionally, the results can be suppressed based on many factors such as:
- Improper maintenance, calibration, or lack of proper certification of the
- The lack of proper training and licensing of the operator.
- Radio Frequency Interference to the machine via police radio signals.
your breath may also be high due to faulty reading on the test. Inadequate readings can be caused by such things as:
- The failure of police to observe you 20 minutes prior to blowing into the machine.
- Hiccups, burping, or belching prior to taking the test can cause false “high” readings.
- The wearing of dentures, bridges or gaps between the teeth can cause artificial “high” readings
4. Other Relevant Issues for your Defense
- Did the officer have a valid reason to stop your vehicle?
- Were your Miranda warnings read to you prior to any questioning?
- Were any statements made by you misinterpreted or misunderstood by the police?
- Is your recollection of what happened consistent with the officers version and those of any passengers or witnesses
Florida Statutory Penalties fir a first time DUI
Did you know that Florida law requires anyone convicted of a DUI faces certain mandatory sentences such as:
1.) A six month driver license suspension;
2.) DUI School and an alcohol evaluation;
3.) 50 hours of community service;
4.) A $500.00 fine plus court costs;
5.) A ten day vehicle immobilization;
6.) A six month to 1 year probationary period;
7.) A possible six month to two year vehicle ignition interlock device; and
8.) A potential jail sentence up six months.
Revocation Periods for DUI
1st DUI conviction – a six month to one year suspension
2nd DUI conviction – a five year suspension if within five years from the prior conviction
3rd DUI conviction – a ten year suspension if within ten years from a prior conviction
4th DUI conviction – a lifetime suspension
These are imposed by the Department of Motor Vehicles (DMV) as a result of either blowing over the legal limit (.08) or refusing to provide a blood, breath or urine test upon request by a law enforcement officer.
1st refusal – one year suspension
2nd refusal – eighteen month suspension
1st blow over the legal limit – six month suspension