A good DUI lawyer will get copy of both the video and 911 call in order to defend a person accused of DUI when they are available.  There are certain legal requests that must be done in order to obtain copies of this evidence.  A copy of the video can be seen here:

http://tbo.com/news/crime/polk-man-driving-wrong-way-on-i-4-faces-dui-charge-20150817/?utm_content=bufferfe45e&utm_medium=Social&utm_source=Facebook&utm_campaign=buffer

In addition to the DUI charge, the driver was also arrested for Reckless Driving for allegedly endangering other vehicles on the road.  Both of these charges are misdemeanors.  The driver allegedly refused the breath test which is his right under the law, but will result in an administrative suspension of his license for one (1) year.  This suspension can be fought by filing a request for a Formal Review or the driver may be eligible for a hardship permit for the entire year of suspension depending on his previous driving history.

If you have been arrested for DUI, you need an experienced and aggressive DUI attorney that knows how to obtain the evidence against you and has the experience to defend you in court.

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

 CALL DUI ATTORNEY THOMAS GRAJEK NOW!!!

 863-838-5549 cell

 You only have 10 days to request a Formal Review!

NCDD

What would some of the possible penalties be for a 3rd time DUI offense in Florida?  It depends in part on when the prior DUI offenses occurred.

• Because the breath test result is greater than 0.15, the fine would be at least $4,000.00 with a maximum of $5,000.00
• If the 3rd conviction is within 10 years of the 2nd DUI conviction, there is a 30 day mandatory jail sentence and at least 48 hours must be consecutive.   This is a felony offense under Florida statute 316.193 (3)(b)1.
• If the 3rd conviction is more than 10 years since the second DUI, then imprisonment is capped at 12 months.
• If the 3rd conviction is within 10 years of the 2nd DUI conviction, there is a 90 day impoundment of the vehicle.
• A 3rd DUI conviction within 10 years of the 2nd DUI is a felony punishable by up to 5 years in Florida State Prison (FSP).
• If the 3rd conviction is within 10 years of the 2nd DUI conviction, there is a 10 year driver’s license suspension.  The driver may be eligible for a hardship reinstatement after 2 years.
• If the 3rd conviction is more than 10 years since the second DUI, then the license suspension is 6 months.
• If the 3rd conviction is within 10 years of the 2nd DUI conviction, there is a 2 years requirement of an ignition interlock device on any car owned or jointly owned by the convicted DUI driver.

A DUI is a very serious offense and expensive criminal offense.  It is best to not drink and drive and to use a designated driver.  However, if you have been arrested for a DUI, call an experienced DUI attorney that is also a member of the National College of DUI Defense that knows the DUI laws.

DON‘T HESITATE!!!   YOU ONLY HAVE 10 DAYS AFTER YOUR ARREST TO REQUEST A FORMAL REVIEW!

 CALL POLK COUNTY DUI ATTORNEY THOMAS GRAJEK NOW !!!

 863-838-5549 cell

There was no probable cause affidavit in the court file for the judge to make these decisions.  The judge ordered the prosecutor to produce the probable cause affidavit the next morning and continued the 1st appearance hearing.  The prosecutor requested it from Officer Kellner, but he apparently refused to produce the affidavit.  because of this, the judge released the driver on his own recognizance.   This means the citizen arrested for the DUI is released with no pre-trial release conditions and does not have to post bond to be released from jail.  The DUI case is not dismissed and the driver still has to fight the DUI in court.

However, it is another incident with Lakeland PD and its DUI squad.  It is also another dispute between the prosecutor and LPD.

If you have been arrested for DUI, call an experienced Lakeland DUI lawyer that will fight for you in court.

CALL POLK COUNTY DUI ATTORNEY THOMAS GRAJEK NOW – 863-838-5549 cell

 You only have 10 days to request a Formal Review

OR

under the new rules get a hardship license for a first-time DUI! 

In Florida, a person is guilty of DUI if they are driving a “vehicle” while impaired.  Notice that “motor vehicle” is not used in this statute.  The definition of a “vehicle” determines whether or not a bicycle would qualify for a DUI, which is:

“Vehicle’’ is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.  Florida Standard Jury Instructions 28.1.  Florida courts have also held that a bicycle qualifies for a DUI.  State v. Howard, 510 So.2d 612, (Fla. 3d DCA 1987).  This person could be charged with DUI.

Whether or not the prosecutor can prove was guilty beyond a reasonable doubt, and whether the DUI investigation was conducted properly by the police is a question for the court and jury.

How weak is this “DUI case?  It’s only a bike and more importantly, he had a breath test level of 0.04!!!  At that level a driver, or in this case a bicyclist, is PRESUMED NOT IMPAIRED under the law!!!  The DUI officer allegedly requested a urine sample, but what many officers do not realize is that just because someone blows under the legal limit, does not mean the officer can request a urine sample to determine the presence of drugs or a controlled substance.  From the police report it does not appear that a Drug Recognition Officer (DRE) was called in to conduct a Drug Influence Evaluation (DIE) in this DUI case.  That means that the Polk deputies did not do a complete and thorough investigation and did not even try and develop probable cause that the guy on the bicycle was under the influence of drugs.

Just because a driver blows under 0.08 does not mean that he must be under the influence of “something.”  Usually, it means the DUI officer made a mistake and a wrongful arrest.  I find many times officers that do not know how to properly conduct a DUI investigation and the field sobriety exercises according to the NHTSA manual.  These mistakes lead to people wrongly being arrested for and accused of DUI!

If you have been arrested for DUI, call an attorney that knows the DUI laws and how a DUI investigation should be properly conducted. If you’re looking for a fighter, call me!

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

 863-838-5549 cell

Because you only have 10 days to request a Formal Review! 

http://www.myfoxtampabay.com/story/22881005/2013/07/18/more-troubles-at-the-lakeland-police-department

To read more of my DUI case results and jury verdicts, follow this link:

http://www.flcrimedefense.com/case-results/

The DUI laws changed July 1, 2013.  Call now to learn how these changes will affect your Polk DUI arrest.

PROTECT YOUR RIGHTS!!! 

CALL LAKELAND DUI ATTORNEY THOMAS c. GRAJEK NOW!!!

 863-838-5549 cell

You only have 10 days to request a Formal Review or obtain a hardship license under the new DUI rules!