According to the Sheriff’s Office, a white Buick Park Avenue was speeding when the vehicle slid across oncoming lanes and struck a tree stump. The driver and a passenger were transported to the hospital with serious injuries; the passenger later died from blunt force injuries.

Officers found a beer can on the driver’s side floor board and an empty case of beer in the vehicle; they said the driver smelled of alcohol. He has been charged with felony DUI resulting in death. The crash is still under investigation.

While it is the role of the criminal courts to punish the negligent driver by revoking his license, issuing fines, and/or sentencing him to jail time, the ruling will not compensate the victim’s family for his death.
With the help of an experienced auto accident attorney the family can file a wrongful death lawsuit. Compensation can cover medical bills, funeral expenses, lost wages, pain and suffering, and loss of companionship.

Justice usually takes time, often years. The loss of a family member will often lead to financial problems until a settlement is reached. For financial assistance during this time, many plaintiffs will turn to litigation funding.

Litigation funding is a non-recourse cash to pay funeral expenses, medical expenses, regular monthly bills and other necessary expenses. It also helps to prevent damage to a plaintiff’s credit score. When a plaintiff is financially stable, his/her attorney has time to fight for fair compensation rather than settling the case prematurely.

Applying for funding is easy online or over the phone. Funding decisions are based on the strength of the case; there is no need for a credit check, employment verification, monthly payments, or upfront fees. Once approved, cash can be available within 24 – 48 hours. Best of all, litigation funding is repaid only upon a successful settlement. If the plaintiff does not receive a favorable cash settlement, he/she is under no obligation to pay back the cash advanced.

If you believe litigation funding could help you survive during the pursuit of your personal injury or wrongful death claim, you owe it to yourself to contact Litigation Funding Corporation, a direct lender for litigation funding. We can provide a free, no-obligation case evaluation.

Ali Erhaima, 32, was driving a 2007 Chrysler 300 in the westbound lane of Interstate 88 when a wrong-way driver crashed into him head-on. The driver, of a 2012 Toyota Camry, was traveling eastbound in the westbound lanes of the expressway.

Erhaima was a rideshare driver who was taking a passenger home to Naperville from the airport, according to a police statement. All three men were pronounced dead at the scene.

Authorities identified the Toyota driver as 30-year-old Domenic Andreoni, a Marine from Elgin. Illinois State Police could not explain why he was driving in the wrong direction of the I-88.

Court records showed Andreoni had a number of previous driving-related charges. He was fined $175 and assigned court supervision for failing to reduce speed in March 2007. In addition, he was found not guilty of charges of speeding and DUI in August the same year.

Police said initial investigations did not reveal any indications that alcohol or drugs were involved. According to a police sergeant, a witness saw the Toyota driver originally driving in the correct direction of the interstate. He started driving in the wrong direction after striking a wall, which caused the vehicle to spin into the opposite side of the expressway.

As the criminal case is underway, the family of these sisters should consider filing a wrongful death and personal injury lawsuit against the driver. A lawsuit can provide the victim and family with essential compensation for replacing the income, and also help to pay for their emotional pain and suffering, as well as any medical and funeral expenses.

For plaintiffs faced with depletion of financial resources and possibly dealing with severe injuries, and/or loss of employment, a plaintiff might give up and settle the claim for too little. Another option would be to hold out for just compensation by securing a lawsuit cash advance, known as litigation funding.

Litigation financing is an excellent way to pay funeral expenses, medical expenses, regular monthly bills and other necessary expenses. It also helps to prevent damage to a plaintiff’s credit score. There are no monthly payments to make; we are not a bank. There are no credit checks; your credit history does not matter and you don’t need to prove employment. Best of all, litigation funding is repaid only upon a successful settlement. If the plaintiff does not receive a favorable cash settlement, he/she need not pay back the cash advanced.

In the right situation, for the right plaintiff, litigation funding is clearly a service that plaintiffs and personal injury attorneys should consider at a strategic time in the litigation. Call or visit Litigation Funding Corporation online to learn how we can relieve your financial concerns, prevent you from settling your valuable case for less than it is worth, and continue to provide you with needed assistance throughout the long legal process. We want you to focus on your lawsuit; we want you to obtain full compensation for your injuries, no matter how long it takes.

According to The Tampa Bay Times, the driver was preparing to load up the last of the three cars when a brand new Honda Ridgeline truck came barreling toward him. The truck slammed into the shoulder, struck the worker and his truck. Investigators say the 44-year-old driver of that Ridgeline was intoxicated, and admitted to driving drunk. Victim died at the scene. Authorities arrested the suspected drunk driver on charges of DUI manslaughter. Decedent was survived by a wife and 11-year-old daughter.

Tow truck drivers have a notoriously dangerous job. Earlier this year, also in the Tampa area, a 36-year-old woman was arrested for allegedly hitting a tow truck driver on the Howard Franklin Bridge in February, leaving him there to die alone. The tow truck driver had been out that night and stopped around 2:20 a.m. to assist two stranded motorists. He was a married, 43-year-old father. The suspect was arrested days later, telling authorities she knew she’d hit someone, but was too afraid to stop and help. Investigators say she has a long history of DUI arrests and convictions.

Our experienced Miami drunk driving accident lawyers know that impaired drivers are one of the main threats to road workers and emergency responders on the highway. That and speeding motorists – particularly in construction zone – are a major hazard. That’s one of the reasons the state passed a “Move Over Law,” codified in F.S. 316.126 that requires any motorist approaching an authorized emergency vehicle (including tow trucks, and in addition to utility service vehicles, sanitation  vehicles and wreckers) to vacate the lane closest to that vehicle.

Since 2010, all 50 states (but not the District of Columbia) have some type of move-over law, and 44 of those have approved new measures or improved existing laws since that time.

Yet these type of accidents still occur far too frequently.

The Emergency Responder Safety Institute reports an average of six-to-eight fire rescue and EMS workers are killed in or near moving traffic annually. The same goes for 10 to 12 police officers, as well as 50 tow truck operators. It’s not clear how many of those are struck due to move-over violations or how many are related to other offenses.

Others who work on or along the highway are extremely vulnerable too. Vehicles are typically driving past at high speeds and there is often no barrier between the workers and the roadway. The U.S. Department of Transportation (DOT) reports in 2013, there were almost 68,000 crashes that occurred in work zones. Although most of those don’t result in a fatality, 15 percent resulted in a possible injury, 9 percent in a non-incapacitating injury, 2.5 percent in an incapacitating injury and 0.4 percent in a fatal injury.

In many cases, an experienced injury attorney can help grieving families obtain the compensation they deserve, both through workers’ compensation claims and third-party litigation of others who may be responsible.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Troopers: Tow truck driver hit, killed by drunk driver on I-75, Oct. 9, 2016, Fox 13 News

More Blog Entries:

Restaurant Forfeits Liquor License After Over-Serving Driver, Aug. 2, 2016, Miami Drunk Driving Accident Lawyer Blog

The case of In re Estate of Woody v. Big Horn County, stems from the December 2011 death of 21-year-old Kenneth “Kenny” Woody IV. He was a passenger in a vehicle driven by a 23-year-old friend of Woody’s. That man, Dustin Wegner, was already on probation for an earlier DUI in which four people had been injured. A sheriff’s deputy reportedly spotted the vehicle and attempted to initiate a traffic stop. But Wegner didn’t pull over. Instead, he fled and a chase ensued, with both vehicles reaching speeds in excess of 100 mph, according to The Billings Gazette.

Wegner eventually lost control of the truck, and it flipped several times, tossing both men from the vehicle. Woody was transported to a nearby hospital and died the next day. It was later revealed Wegner’s blood-alcohol level that night was 0.28 – 3.5 times the legal limit of 0.08. He was arrested and later convicted of vehicular homicide and sentenced to five years in prison. He has since been released on probation. 

Now, Woody’s family is seeking accountability from the sheriff’s office for wrongful death and survivorship damages, alleging the high speed chase should never have been initiated in the first place. Decedent’s parents as representatives of his estate, filed a claim for $750,000 in damages back in September 2014. That claim letter indicated the county had 120 days from the date of the letter to resolve the claim without necessity of litigation. The county commissioners later acknowledged they had received the letter, but they never actually responded.

In March 2015, the estate formally filed their lawsuit against the county in which they alleged negligence, negligent infliction of emotional distress, survivorship and wrongful death. A couple weeks later, the county responded with a motion to dismiss for failure to state a claim, asserting the estate didn’t meet the three-year statute of limitations for such actions. Estate objected to the motion, arguing the claim letter it had submitted tolled the statute of limitations.

The district court granted the county’s motion to dismiss, but the Montana Supreme Court reversed.

Neither side disputes that the action first accrued on the date of the crash in December 2011. And neither state disputes that all civil actions have to be commenced within the periods prescribed, except when another law specifically provides a different limitation.

In Montana, as in many other states, claims against the state and/or political subdivisions of it first have to be presented to the county as a claim before a lawsuit can be formally filed. There is no tolling provision in that requirement, but the law does say actions against the county for claims that have been rejected have to be initiated within six months of that first rejection. But the county never rejected the claim in this instances. It never acknowledged it at all, really, except to say it had been received.

The state supreme court sided with the state, based on prior case law precedent that essentially held that so long as the initial claim was filed within the three-year statute of limitations, plaintiff had six months from that date – or the date of the first rejection – to file their claim. Because no rejection came, they had the full six months, which meant the claim was timely filed.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

In re Estate of Woody v. Big Horn County, July 26, 2016, Montana Supreme Court

More Blog Entries:

State Farm Mut. Auto. Ins. Co. v. Jakubowicz – Auto Insurance Policy Ambiguous, Aug. 2, 2016, Miami Wrongful Death Lawyer Blog

Authorities say 32-year-old Danielle Nichole Baldwin and her fiance, Sondroz Steven Olivert, 35, were killed when the drunk driver rear-ended Olivert’s vehicle. The impact by the drunk driver’s Kia caused Olivert’s Nissan to crash into a Chrysler. After that impact, the alleged drunk driver slammed into two other vehicles.

Olivert and Baldwin, who were on their way to celebrate their anniversary, were pronounced dead at the hospital. A relative of Baldwin told a reporter the two loved going to the beach and were planning to be married next year.

Meanwhile, investigators say the driver of that Kia fled the scene of the crash. He was, however, found a short time later and transported to a local hospital with non-life-threatening injuries. 

Without explaining how they reached this conclusion, investigators said they believe alcohol played a role in this series of crashes. However, no charges have been filed.

In a case like this, there may be a number of avenues for our wrongful death attorneys to pursue compensation for loved ones left behind.

First, of course, is the alleged drunk driver and his or her insurer. However in too many of these cases, drivers who flee the scene of a crash don’t have insurance to begin with.

There are a few options victims have at that point. First, it’s worthwhile to note that debt incurred in a DUI accident (i.e., by a DUI personal injury or wrongful death lawsuit) is not dischargable per 11 U.S.C. 523(a)(9).

Unfortunately in many cases, DUI defendants do not have any noteworthy assets or income from which to collect.

Victims could then look at who owned the vehicle. If it was someone other than the driver, there may be grounds for a vicarious liability action. Vicarious liability can be asserted even when the defendant was not directly negligent. Motor vehicles are considered a dangerous instrumentality in Florida, which means owners can be held responsible if the vehicle was entrusted to someone who drove it carelessly or recklessly.

DUI accident victims could also explore the possibility of a dram shop law action. This is when the bar that served the drunk driver before he or she got behind the wheel is held liable for the injuries that result when that patron drove drunk. In Florida, such liability can only be imposed when the accused driver was either:

• Under 21-years-old;
• Known to be habitually addicted to alcohol.

Finally, victims will want to look at the uninsured/ underinsured motorist (UM/ UIM) coverage that applied to those involved. These policies will step in to provide coverage for serious injuries and wrongful death when the at-fault driver either:

• Had no car insurance;
• Did not have enough car insurance to fully cover the damages inflicted by drunk driving.

Although the driver may face criminal charges, this is separate from any civil liability that may be imposed by the families of the victims.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Couple Killed in Crash in Fort Lauderdale, May 1, 2016, By Erika Pesantes, Sun Sentinel

More Blog Entries:

Car Accident Lawsuit Names Snapchat as Defendant, May 3, 2016, Fort Lauderdale DUI Accident Lawyer Blog

So how are they involved? They are the owners of the vehicle. The lawsuit alleges their 25-year-old son, who was allegedly under the influence of alcohol or drugs, was driving recklessly at the time of the crash. Plaintiff asserts defendants Hanks and Wilson were aware of their son’s substance abuse history and negligently granted him access to their vehicle anyway.

Plaintiff alleges he suffered a brain injury and whiplash as a result of the accident. And while the police were never called and defendant driver was never charged with driving under the influence, plaintiff alleges that was only because driver – an aspiring rapper – begged them not to involve police, and plaintiff acquiesced. 

That element is undoubtedly going to hurt plaintiff’s case, and is a good illustration of why car accident victims in Miami should always immediately:

• Report the accident;
• Seek medical attention.

This will help to bolster your credibility on the issues you are raising.

This case was filed in California. Luckily in Florida, plaintiffs do not need to prove negligence on the part of vehicle owners (if different from the driver) because Florida law broadly interprets the dangerous instrumentality doctrine to include motor vehicles.

The dangerous instrumentality doctrine is a common law rule that holds motor vehicles are an inherently and fundamentally dangerous tool. That means that when motor vehicle owners grant permission and access to others for use of their cars or trucks, they are vicariously liable for the reckless actions of the driver – regardless of whether they had prior knowledge of the driver’s recklessness or not.

This rule excludes long-term lessors, per the 1991 precedent set with Raynor v. De La Nuez. So for example, if a driver is leasing a vehicle from a dealership and then is negligent in causing a Miami car accident, the dealership is not going to be held liable for those injuries.

Similarly, the rule excludes short-term car rental facilities. First of all, there is the Graves Amendment, which is a federal law that shields motor vehicle leasing companies from liability for accidents involving those rental vehicles.

The Florida Supreme Court affirmed this federal protection from vicarious liability preempted state law. That decision was handed down in 2011 in the case of Vargas v. Enterprise. Previously, Florida allowed some leasing firms to be held responsible for up to $500,000 in damages.

But while the Graves Amendment does shield leasing firms from financial liability, it does not protect private vehicle owners.

That’s why anytime there is a car accident, your injury lawyers should look closely at who owned the vehicle. Sometimes, even if the driver lacked insurance, there may have been insurance on the vehicle itself. Alternatively, the vehicle owner may have an umbrella policy that might provide coverage for accidents like this, wherein the policyholder would otherwise be found personally responsible to pay for such damages.

If you have been a victim of a traffic accident, call Chalik & Chalik at (954) 476-1000 or 1 (800) 873-9040.

Additional Resources:

Tom Hanks and Rita Wilson Named in Lawsuit Against Son Chet Hanks for Alleged Car Accident, March 28, 2016, By Jodi Gugliemi, People.com

More Blog Entries:

Rish v. Simao – Low-Speed Car Accident Lawsuit, March 26, 2016, Miami Car Accident Lawyer Blog

Despite serving three prison terms for various DUI offenses, Eberhardt remained an avid and unrepentant drinker. Eberhardt landed in jail for the umpteenth time in April 2014 when stopped in Parker County. His blood alcohol content was four times the legal driving limit of 0.08. Even though he was freed on bond for that incident, he cut off his e-cuff monitor and fled to Colorado. It was not too surprising that he was arrested for drunken driving while there.

Our firm represents plaintiffs that have been harmed by negligent, drunk drivers. Plaintiffs need a voice to pursue their case through court in order to obtain compensation for their injuries and medical bills. While DUI cases land in criminal courts, plaintiffs are free to file a civil, personal injury lawsuit.

Never deal with an insurance company if you have been involved in an accident with another driver, drunk or not. They are not your friends and will work to discredit anything you may say, or will attempt to prove any injuries you sustained are pre-existing to diminish or dismiss your claim. Speak only to an experienced personal injury attorney to get actual justice and the settlement or court award you deserve.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

This change in how drunk drivers are treated has the unanimous support of anti-DUI proponents and defense lawyers. This appears to be a strange union, but they share the same interest: instead of automatically punishing a first-time offender too harshly, they believe it is best to allow drunk drivers their right to drive safely so that they may maintain a job, perform child care and other necessary duties.

While it may ensure everyone charged with DUI will drive legally, there must be something in place to monitor whether or not those charged actually install the required device. It is mandated by law. But the question is, who is going to supervise compliance?

Texas recently found itself in a difficult spot when it was revealed that those mandated to install such alcohol monitoring devices were not doing it or were driving other vehicles. A new office to monitor such individuals has since been opened.

In Illinois there is now no mandatory suspension for most first-time and repeat offenders. However, they must still apply for special permits and pay for both the electronic device and the monitoring.

Will it work? It may for some. It may not for others. It seems that it would likely work for those whose intention is to get right with the law and have no intentions of repeating an offense. As for repeat offenders? That may be another story.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Just one drink may impair your vision, and affect your reflexes and judgment. By that time, it does not take much to distract a driver, and the consequences may be fatal.

Consider the statistics from last year on Labor Day: 21 died, 42 were seriously injured and 144 were jailed for DUI. Was drinking and driving the right way to spend the holiday when it ended in death, serious injuries and incarceration? Was that last drink worth the consequences? According to Texas law enforcement, there were 24,410 DUI collisions last year and at least 1,000 deaths. Being convicted of DUI in Texas has the potential to include fines up to $17,000, loss of a driver’s license and possibly time behind bars.

Some may think the DUI problem is only prevalent on land. That is not the case. Boating while under the influence is just as deadly. Last year Texas Game Wardens incarcerated 163 individuals for boating while inebriated.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Under New York law, every driver is deemed to have given permission to police, as a condition of receiving a driver’s license, to determine his or her blood alcohol content level (BAC) if a police officer has “reasonable grounds” to believe that the person has been driving under the influence of alcohol. The BAC level may be tested by analyzing a person’s breath, blood, urine or saliva, but the most common method is the use of a device known as a breathalyzer.

Before administering such a test, the police officer must inform the suspect that refusing to take a breathalyzer test will automatically cause his or her driver’s license to be revoked for not less than one year. If the driver then refuses to take a breathalyzer test, his or her license is immediately suspended for fifteen days pending an administrative hearing. If the evidence at the hearing shows that the officer in fact had reasonable grounds for believing that the driver was drunk, the license will be revoked for one year, and the driver may be fined $500. This decision may, under certain circumstances, be appealed.

Refusing a breath test can have serious consequences. In the modern age of cell phones, a person who has been stopped and asked to take a breath test can contact an attorney with experience in defending DUI cases. The attorney can evaluate the situation and provide helpful advice about whether to take the test or refuse it.

Source: New York Vehicle & Traffic Laws, §1194, accessed Nov. 22, 2015

Just one drink may impair your vision, and affect your reflexes and judgment. By that time, it does not take much to distract a driver, and the consequences may be fatal.

Consider the statistics from last year on Labor Day: 21 died, 42 were seriously injured and 144 were jailed for DUI. Was drinking and driving the right way to spend the holiday when it ended in death, serious injuries and incarceration? Was that last drink worth the consequences? According to Texas law enforcement, there were 24,410 DUI collisions last year and at least 1,000 deaths. Being convicted of DUI in Texas has the potential to include fines up to $17,000, loss of a driver’s license and possibly time behind bars.

Some may think the DUI problem is only prevalent on land. That is not the case. Boating while under the influence is just as deadly. Last year Texas Game Wardens incarcerated 163 individuals for boating while inebriated.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

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

While there, a person who was just arrested for DUI was trying to “waive” their right to a Formal Review and apply for a hardship license for the entire period of suspension.  In a breath test refusal case, this suspension is one (1) year.  In an unlawful breath (driver blew over 0.08 legal limit) case, the suspension is six (6) months.  This allows a 1^st time DUI driver to keep some form of a license during the entire DUI ordeal.  If you request a Formal Review, fight the suspension, and lose, there is a 90 day “hard” suspension in refusal cases and a 30 day “hard” suspension in unlawful breath cases.

In order to be eligible for the hardship license, you must waive your right to a Formal Review.  I have attached the form to this post for your convenience.  You also MUST enroll in DUI school.  PREVIOUSLY, a driver ONLY had to present proof that they paid for DUI school (receipt).

THIS HAS NOW CHANGED! 

YOU MUST NOW ACTUALLY SIT DOWN WITH A COUNSELOR AND GET YOUR DUI CLASS SCHEDULE AND PRESENT THAT TO THE DHSMV Bureau of Administrative Reviews at 2814 E. Hillsborough Ave., Tampa, FL 33610.

You must also pay an application fee of $25.00 and explain to a hearing officer why you are in need of a license.

FINALLY, ALL THIS MUST BE DONE WITHIN 10 DAYS!

If you have been arrested for DUI, call an experienced DUI attorney that is a member of DUIDLA and NCDD!

Thomas C. Grajek

POLK                                                 TAMPA                                             PASCO

206 Easton Dr. Suite 102                   1910 Orient Rd.                                  24140 State Road 54 Suite E

Lakeland FL 33803                            Tampa, FL 33610                                Lutz FL 33559

(863) 838-5549                                  (813) 789-6404                                   (727) 457-8660

DMV waiver of formal review hearing form

NCDD

It was January 17, and Jason and his mom had picked up his brother and girlfriend and were about to head home when the vehicle ran out of gas. The brothers hopped out to push it to the side of the road and were both struck by a drunk driver, 54-year-old Christopher Breza. One brother ended up under the vehicle that hit them, his right leg nearly severed.

Police arrested an inebriated Breza whose driving record showed this arrest would be the fourth for DUI. The man’s blood alcohol content after this accident was three times the legal limit.

One brother’s leg was saved. The other brother lost his leg to amputation. Their medical bills total over one million dollars.

Breza’s driving record shows three DUI arrests in 1987, 1988 and 1995. He was also arrested for refusing to take a breathalyser test, or urine or blood test on two other dates. His license had been suspended and revoked for a total of 15 years but he had been successful in getting his license back in 2005.

The major issue here is that even though when a DUI driver is convicted his or her license is revoked temporarily or for a lifetime, it is too easy for people to find a way to drive anyway. People with DUIs still have to carry on with their lives, pay bills, take kids or family or themselves to events or medical appointments and get to and from work. Law makers appear to be reluctant to permanently revoke a licence. But punishments under the current system can be ineffective. A new approach may be necessary to reliably keep serial drunk drivers off the roads.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

http://www.tmz.com/2015/04/17/adrien-broner-dui-arrest-video-ohio-rich-famous/

What’s wrong with this DUI investigation?  This DUI arrest was in Ohio by a member of the Ohio State Patrol so the law may be different than in Florida, but she immediately orders him out of the vehicle. In Florida, this may be a violation of the citizen’s rights and the driver would have a basis to file a motion to suppress the DUI investigation, the Field Sobriety Exercises, and the breath test results.  Before an officer can order you out of the car, the officer must have probable cause to arrest you, search your vehicle, or be able to state reasons why the officer was in fear and may have needed to search the driver for weapons.

You will also note that the trooper plays “language games”.  The trooper immediately and clearly ordered the driver out of the vehicle.  However, a short time later, the trooper says “I asked you out, you get out”.  Why do police change the words they use?  Because, under the law, there is a major difference between asking a citizen to do an act and ordering the citizen to do an act.  The law requires the officer to have a certain amount of facts to establish “probable cause”, before they can order a citizen to do something.  An officer can request a citizen at any time to do anything and the citizen may comply or refuse if they wish.  Police officers ARE TRAINED to believe that when they tell you to “GET OUT OF THE CAR!” that statement is a REQUEST and NOT A COMMAND!  Common sense and your 3rd grade English teacher taught you better than that and you know what a command is when you hear one.  However, if there is NO VIDEO, the officer will use commanding language at the scene of the arrest, but when they testify in court, they will characterize their language as requests!  That is why it is important that you write down everything that happened immediately after your arrest and the EXACT LANGUAGE THE POLICE OFFICER USED for court later on when you fight the charge.

What else is wrong with this DUI investigation?  The trooper has the driver perform the Field Sobriety Exercises in the middle of a busy road!  Why not on the side of the road where it is safer?  Where there is an actual line to walk on instead of an imaginary line?  At 2:20 the trooper says he is not on the line, but what line? The imaginary line in the trooper’s head?  How does she know the driver had a different imaginary line in his head?  Yet, that is supposed to be a “clue of impairment” according to the Field Sobriety manual.

If you have been arrested for DUI, you need to retain a DUI lawyer with experience, that knows the case law regarding DUI’s, and how the government’s National Highway and Traffic Safety Administration manual states how a DUI investigation is supposed to be performed correctly.  Call NOW for a free consultation to learn what defenses you may have to your DUI.

Time is of the essence in a DUI case!

 You only have 10 days to request a Hardship License

 OR

 a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.

 Aggressive Polk DUI defense lawyer Thomas C. Grajek

 863-838-5549 cell

NCDD

In Williams case, he allegedly made an illegal turn out of a McDonald’s parking lot.  He then allegedly stopped at a green light.  After going through the light, the police allege he swerved over the lines on both sides of his vehicle almost hitting the curb.  He was then was pulled over by the Florida State University Police Department and the standard red, watery, and blood-shot eyes were supposedly observed by the officer.  The driver then allegedly swayed while standing and had to lean on the car for support which again, are standard allegations in all DUI cases.  If there is a video, this will determine whether the allegations are true.  The reports do not indicate whether he submitted to field sobriety exercises or a breath test.  You DO NOT  have to submit to the field sobriety tests under Florida law as many people believe is compulsory

This arrest will probably hurt his draft stock as he had previously been involved in a car accident and fled the scene.  Police and prosecutors usually assume that alcohol was involved and that is why someone would flee the scene.  However, this is very common as people are scared and panic because the do not know what to do.  In that previous case, he returned to the scene, but was not investigated for alcohol.  However, being arrested weeks before the draft and the biggest payday of your life will cause NFL teams to consider how risky it will be to select him in the draft.

An experienced DUI attorney is essential to your DUI case.  Your job and ability to support your family could be on the line.  You need to hire an attorney that tries this case before a jury and is not afraid to fight for you.  A lawyer that attends DUI seminars on a regular basis and keeps up with the latest changes in the law and trial strategies.  That is why I am a member of the National College for DUI Defense (NCDD) and The DUI Defense Lawyers Association (DUIDLA) to ensure my clients get the best representation in their time of need.

If you have been arrested for DUI or any crime, do not hesitate to call a lawyer!

PROTECT YOUR RIGHTS!!!  CALL NOW !!! 863-838-5549 (cell)

I handle all Florida and Polk County Driving under the Influence cases.  Call now for your free consultation.

NCDD

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The driver refused the breath test.  In Florida, the police are not allowed to request a breath test until after someone is arrested for DUI.  The driver is not allowed to contact an attorney and is not given any information on the reliability of the breath test machine.  A driver does not have to submit to a breath test.  It can be a crime if this is a 2nd time refusing the breath test and the administrative suspension for the 1st breath test refusal was upheld.  Why would you help the police a breath test sample when the police do not give you ANY INFORMATION about the breath test machine including the software that calculates your breath test result???

With Halloween approaching, DUI units will be out on the roads discouraging drunk driving so please drink and drive responsibly!

If you have been arrested for DUI , call me IMMEDIATELY!!!  TIME MATTERS IN A DUI CASE!!!

call an experienced DUI lawyer that is a member of both the DUI Defense Lawyers Association (DUIDLA) and the National College for DUI Defense (NCDD).

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 or get a hardship license!

NCDD

A recent report released by the NHTSA outlines the disturbing fact that in 2010 alone, there were 13,323 fatalities as a result of individuals driving while impaired. Meanwhile, 430,000 nonfatal injuries racked up a cost of approximately $60 billion.

Together, the comprehensive costs (direct costs such as insurance and medical care) and the cost of lost quality of life returned at $242.6 billion.

It is not all bad news, though. The report also outlines that previously, at least 50 percent of deaths happened as a result of alcohol related collisions. The number has declined to about 40 percent over the last few years.

States are currently debating a NHTSA proposition to lower the BAC to 0.05 percent. While this change would not eliminate the risks associated with driving impaired, it may reduce them, as drivers below the 0.08 threshold have still wreaked deadly havoc across the United States. More than 100 countries have already lowered their levels to 0.05 or lower.

Lee, Gober and Reyna – If you need a personal injury attorney or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

The multi-agency coverage for the long weekend ensured that many drunk drivers were taken off the roads, but it did not prevent intoxicated Texans from getting behind the wheel. Over the holiday, Harris County racked up a record, reporting 192 DUI arrests.

That number bears repeating – 192 arrests for driving while under the influence. One hundred and ninety-two individuals who made the negligent choice to drink too much and then climb behind the wheel of a vehicle. How many drove without being caught, injured or killed (this time)?

Texas has one of the worst records in the nation for DUI accidents. In 2012 alone, the state reported 89,256 DUI arrests, 1,296 deaths (up 7 percent from 2011 and rising each year), 16,882 alcohol-related crash injuries at 0.1 BAC or higher, and 25,761 alcohol-related crashes at 0.1 BAC or higher. Rates are climbing steadily.

If one crackdown in Harris County can net 192 drunk drivers, what would happen if all counties and police forces stepped up their enforcement of impaired driving laws?

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

Kings, 20, was charged with driving under the influence (DUI) with a blood-alcohol content (BAC) of 0.17 or higher and with operating while intoxicated by alcohol, a controlled substance or a combination (OWI). 

Both charges are misdemeanors, but driving with a BAC of 0.17 falls under Michigan’s “super drunk” driving law and is associated with higher penalties than … read more

In some situations resulting in a death, the death was an accident or a caused by a careless individual. However, even in circumstances where a deliberate act caused a death, the charge of involuntary manslaughter may still apply.

Involuntary manslaughter may be the end result of a failure to carry out a legal duty specifically required to protect a human life or from the commission of an illegal act that is not a felony. The charge may also be laid as a result of the commission of a lawful act improperly or negligently carried out. In either case, a prosecuting attorney must corroborate two elements to prove the crime of involuntary manslaughter –- that a human was killed and the killing was unlawful.

An illegal killing is defined by the commission of an act, normally lawful, involving great risk of death or bodily harm, done without due care, circumspection and caution. The killing must also be perpetrated during an unlawful act (not a felony), dangerous to human life given the situation surrounding its commission.

A deliberate act causing death was the focal point of a Midwest case that resulted in a 23-year-old’s manslaughter conviction The defendant was at a party and struck another individual in the head with a beer bottle. The victim later died as a result of the blunt force trauma, which caused a blood clot in his brain. When the case was first tried, it ended with a hung jury. Jury members could not agree whether the defendant acted recklessly — or merely with reasonable force to allegedly assist a friend he perceived to be in a dangerous situation.

The case was retried, and the defendant was convicted on the basis of DNA evidence that showed that the beer bottle used to assault the victim was not the same bottle from which the defendant was drinking, which proved that he acted in a deliberate and reckless manner. He acquired a second bottle as a weapon as part of a distinct decision.

This particular area of law is complex, and depending on the circumstances of the case at hand, it may result in some unexpected outcomes. If you have been charged with involuntary manslaughter, do not wait to contact an experienced criminal defense lawyer.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a DUI attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

James Fisher has been arrested 12 times since 1991 for driving while intoxicated. Fisher’s last arrest took place just after his release from prison for serving time for a 2009 DUI conviction. There are hundreds of cases like this every year. According to the Department of Safety and Homeland Security, 37 percent of the 5,400 individuals arrested for DUI in 2012 were repeat offenders.

Many states have extremely strict DWI laws and steep fines, but they have not stopped some people from driving while intoxicated, even with prior convictions. Even offenders who have served time frequently return to drinking when they get out of jail, and they drive whether or not they have a legal license to do so. At his most recent arrest, Fisher was driving unlicensed and uninsured, and his vehicle was not legally registered.

So new solutions are being studied. They include mandated ignition interlock devices for offenders that prevent them from operating their vehicle while drunk. But “more” devices will not necessarily solve the issue for repeat offenders, already familiar with alcohol treatment modalities and their evasion.

As such, many states have started approaching the root of the problem: addiction. Delaware has a DUI Court ready to swing into operation, with a mandate to compel offenders into treatment. Similar court programs in Colorado and Wisconsin have had success with changing an individual’s behavior by requiring accountability, intensive supervision and long-term treatment.

If you have been involved in an accident with a drunk driver, contact an experienced personal injury lawyer who handles DWI/DUI plaintiff cases. He or she can ensure you get the justice and compensation you deserve.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.800.8000

THE ARRESTED FIREMAN REFUSED TO PROVIDE A BREATH SAMPLE!!! 

Why do  I stress the fact that he refused the breath test?  Because in virtually every DUI case when a police officer or fireman is arrested for DUI, they refuse to submit to breath testing!

WHY DO COPS REFUSE THE BREATH TEST WHEN THEY ARE ARRESTED FOR DUI? 

• Is it because they do not trust the machine?
• Is it because they know a blood test is more accurate? 
• Is it because they do not want to give the prosecutor potentially faulty evidence to use against them at trial?

It is your constitutional right to refuse testing and maybe you should learn something from their decision not to trust the Intoxilyzer.

The fireman was arrested just after 1:00 a.m.on Saturday after a Pasco sheriff’s deputy stopped him on U.S. 19 in Holiday.  The fireman allegedly performed the field sobriety exercises.  He had a right to refuse to perform those also.  There was no information on whether the driving patter or FSE’s were videotaped, but of course the DUI officer alleges he performed poorly on the exercises.  Law enforcement is not required to videotape field sobriety exercises.

Are you being treated fairly if SFST’s are not videotaped so it is your word against the deputy’s word? Why is the sheriff afraid to videotape these exercises?  You need to call an aggressive DUI attorney IMMEDIATELY who knows how to obtain video of you in your DUI case to protect your rights!

The DUI report alleged there were eight “intoxicating beverage containers” in the vehicle. Most of the containers were empty and in the backseat, but a Hard Mike’s Lemonade was allegedly in the front cup holder according to the report said.

The fireman was suspended without pay.  He is still entitled to a formal review to fight the administrative suspension for his refusal to submit to a breath test.  This is a crucial part of his case that can help in defend this DUI charge.

Finally this DUI could be prosecuted as a felony punishable by up to 5 years in Florida State Prison (FSP).  Under Florida’s DUI statute, 316.193 (2),(3) “any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony.”  This is because the 2^nd and 3^rd DUI are within 10 years of each other.

If you have been arrested for DUI, call a member of the National College for DUI Defense and a founding member of the DUI Defense Lawyers Association to fight for you and your license in court!

Time is of the essence in a DUI case!

You only have 10 days to request a Hardship License

 OR

a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.

 Aggressive DUI defense lawyer Thomas C. Grajek

863-838-5549 cell

•  You have 10 DAYS, from the date of your arrest, to request a Formal Review or, for 1st time DUI offenders, waive the Formal Review and obtain a hardship license for the entire administrative suspension time,
• The National Highway Traffic Safety Administration (NHTSA) publishes a manual on how the Field Sobriety Exercises are to be performed and graded by the arresting officer?
• Many police officers do not know what the NHTSA manual requires for a proper investigation,
• Many DUI lawyers do NOT own a copy of the manual!  I have a copy of every NHTSA manual ever published,
• The police do not have to videotape a DUI investigation unless there is a specific department policy,
• Refusing the breath test can be a crime!  Call and learn why a Formal Review is important to protect you in the future,
• You may be eligible to drive the ENTIRE DUI suspension period by obtaining hardship licenses!
• Some DUI attorneys have never tried a DUI case as a criminal defense attorney!
• There are national organizations for DUI lawyers to share information, ideas, and educate each other,
• There are DUI officers and Drug Recognition Officers (DRE),
• Even though you have a valid prescription for the medication you are taking, you can be arrested and convicted for DUI while taking that medication,
• The prosecutor is required to prove that a driver was impaired “at the time of driving”, however many breath tests do not occur until hours after an arrest.
• A person can be charged with Driving Under the Influence of Drugs even if the drug was legally prescribed medication from a doctor,
• A felony DUI can be very serious and result in a substantial period of imprisonment.
• There are many ways a driver can end up charged with a felony DUI,
• The majority of DUI penalties are mandated by statute,
• A DUI conviction stays with you for your entire lifetime!
• A DUI conviction will prevent you from sealing or expunging your criminal record!
• Some insurance companies immediately cancel your insurance upon arrest!
• A driver must be “in custody” before the police have to read the driver their Miranda rights,
• A Motion to Suppress requests the judge to throw out evidence in your case and some Motions to Suppress can result in your DUI charge being dismissed,
• Many police departments have policies that must be followed by the DUI officer when making a DUI arrest, I have copies of these polices!

If you have been arrested for DUI, retain a DUI attorney that is part of the National College for DUI Defense (NCDD) and the DUI Defense Lawyers Association (DUIDLA).

Retain an DUI attorney who is experienced and knowledge about DUI’s in order to get the best defense and the best result to your Driving Under the Influence case.

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

CALL DUI LAWYER THOMAS C. GRAJEK NOW !!!

863-838-5549 cell

Because you only have 10 days to request a Formal Review or get a hardship license! 

NCDD

http://www.youtube.com/watch?v=w-WMn_zHCVo

By Richard LaGarde

The NBC news affiliate in Raleigh, reported Gordon’s blood-alcohol level was .09, and he allegedly admitted to having three drinks containing vodka. The legal limit in the state of North Carolina is the same as in Florida 0.08 g/mL of alcohol.  Gordon was already suspended and in the NFL substance abuse program. Based upon his prior incidents with drugs, the police were asked if Gordon was under the influence of a controlled substance or illegal drugs, but the police refused to comment on that or whether Gordon performed any field sobriety tests.  Finally, it was reported that Gordon was allegedly bonded out by a convicted felon who is currently facing drug charges himself.

Usually, the police will request a driver to perform field sobriety exercises at the roadside.  If the driver does not pass, they are arrested for DUI.  In North Carolina were this DUI arrest took place, a driver has to be “appreciably impaired” to be arrested for DUI.  After the arrest the driver is taken to the jail and requested to submit to a breath test.  In a driving under the influence of drugs (DUID) case, the driver may be requested to provide a urine sample and to undergo a Drug Influence Evaluation (DIE) by a Drug Recognition Expert (DRE) to determine whether the driver is impaired by a controlled substance and gather further evidence of drug impairment.

If you have been arrested for DUI, call a member of the National College for DUI Defense and a founding member of the DUI Defense Lawyers Association to fight for you and your license in court!

Time is of the essence in a DUI case!

You only have 10 days to request a Hardship License

– OR –

a Formal Review of the “Implied Consent” suspension of your license so call my cell phone now.

Aggressive Polk DUI defense lawyer Thomas C. Grajek

 863-838-5549 cell

NCDD

INTERESTING THAT ALMOST EVERY TIME A POLICE OFFICER IS ARRESTED,

THE OFFICER REFUSES TO SUBMIT TO A BREATH TEST!!!

Why is that? Because the officer does not trust the machine? The officer does not want to give untrustworthy evidence to the police or prosecutor? Is it because the DUI penalties are increased if the driver blows over 0.15?  Because it could result in an interlock ignition device being placed on a vehicle if the blow is over 0.15?

In addition, under Florida DUI statute 316.193 (3), any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor which increases the penalty to a fine of not more than $1,000 and 1-year imprisonment.

If you have been arrested for DUI, hire an attorney that is a member of the National College for DUI Defense (NCDD) and knows how to defend a DUI case!

TIME MATTERS IN A DUI – DON‘T HESITATE!!!   

Because you only have 10 days to request a Formal Review or get a hardship license!

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

 863-838-5549 cell

NCDD

http://www.wftv.com/news/news/local/brevard-judge-accused-punching-public-defender/ngCGC/

But what was the fight really about?  The news reports state that it happened at a “first appearance” hearing.  This is probably inaccurate.  The court proceeding appeared to be “Arraignment” hearings and to understand why this lead to the argument, it helps to know the difference between the court proceedings.    What is the difference between 1st Appearance and Arraignment?

What happens at 1st appearance?

1st Appearance happens when a person is initially arrested.  The person is taken before the judge the next day to determine if there is “probable cause” to hold them in jail while the criminal charge is pending.  The judge also determines what (if any) bond or conditions of release shall be set.  If the judge finds there is NO PROBABLE cause for the arrest, the person is released on their own recognizance, commonly referred to as R.O.R.  This does not mean that the case is dismissed or over because the prosecutor can still file a criminal charge against them, but the person will be released without having to post a bond.  If an arrested person bonds out immediately, he would not have a 1st Appearance and would not see the judge.  Some crimes, such as Domestic Violence, are not entitled to be set a bond until the person goes before the judge at 1st Appearance. Here is a video from Justin Bieber’s case from when he was arrested for DUI/drag racing that shows what typically happens at a 1st Appearance hearing:

http://video.foxnews.com/v/3096973019001/justin-bieber-appears-in-court-for-dui-drag-racing-arrest/#sp=show-clips

What happens at an Arraignment?

This is an arrested person’s first court date after 1st Appearance.  The person is called before the court to answer the charge.  In the video, everyone is wearing street clothes and not jail jumpsuits so that is our 1st clue it is an Arraignment.  If the arrested person pleads guilty, the judge would then sentence them according to a plea agreement or if it is an “open plea” (no agreement between the prosecutor and criminal attorney or suspect), however the judge decides is appropriate for the crime.  If the person, his lawyer, or if assigned a public defender pleads “NOT GUILTY”, the case has to be set for trial or a Pre-Trial Conference/Disposition/Calendar Call/Status Conference date.  Different counties in Florida use different terms, but they all act the same way.  These calendar dates insure that criminal cases keep moving along. THIS IS WHAT THE ARGUMENT AND ALLEGED FIGHT WAS ABOUT!

So what was happening in that court room?  Why did a judge allegedly punch a criminal defense lawyer?

The public defender was pleading people “not guilty”, so the cases had to be set for trial or the Pre-Trial court date.  In Florida, criminal defendants are entitled to a speedy trial.  (The speedy trial time limit for a misdemeanor is 90 days. The speedy trial time limit for a felony is 175 days).  The public defender was trying to preserve his client’s speedy trial rights, but at the same time, get more time to prepare a defense to the criminal charges.  In Florida, if the defendant or his attorney requests a continuance or delay of the case, the case law (appellate courts) have held that is a waiver of speedy trial.  So the public defender was trying to get THE JUDGE to set the case for a Pre-Trial date instead of trial.  The judge, either knowing the case law or not normally a criminal judge) wanted the Public Defender to commit to a trial or ask for a Pre-Trial date which would be a continuance (potentially) and speedy trial would be waived.  The judge might also not want cases coming back for ineffective assistance of counsel or for the Public Defender to be able to complain later on that he was not prepared for trial.  So we ended up with a staring contest.  The lawyer wanting the judge to set it for a Pre-Trial so he could preserve his client’s speedy trial rights and the judge who wanted a commitment from the public defender to set it for trial or waive his client’s speedy trial rights.  With neither side blinking, we ended up with a judge allegedly punching a public defender out in the hallway.  A black eye for BOTH judges and public defenders in the public eye.

There is a time to fight for your client and a correct way to fight in court for your client.  You want the attorney representing you in court to fight for you, but in a way that the prosecutor and the judge on your case respects the way the criminal lawyer fights for you!

If you have been arrested for a crime, retain an experienced criminal defense attorney that will stand up for you!

Thomas C. Grajek – 863-688-4606

NCDD

Because of the elevated breath level it carries what DUI lawyers call “enhanced” penalties.  The minimum penalties for a 1st time DUI conviction with a breath test result over 0.15 are:

• Fine of not less than $1,000.00,
• Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required,
• 12 months probation.  The total period of probation and incarceration may not exceed 1 year,
• There is no minimum jail requirement for a 1st time DUI offense.  However, the maximum period of incarceration for a DUI is n more than 6 months.  With BAL of .15 or higher (or a minor in the vehicle at the time of the DUI arrest), the maximum jail time is not more than 9 months,
• Vehicle impoundment.  Unless the family of the DUI driver has no other transportation, the vehicle used in the DUI must must be immobilized for 10 days.  Impoundment or immobilization can not happen while the person is incarcerated,
• Driver’s license suspension of 6 months (1 year is the maximum),
• Must complete DUI School Level 1.  DUI school also must be completed before the driver is eligible for a hardship license (“completion” does not require any extra counseling sessions be completed also.),
• Ignition Interlock Device for 6 months,
• Mandatory adjudication!  Judges are prohibited from withholding adjudication in DUI cases.  This means that if a person pleads to or is found guilty of DUI, that person CANNOT SEAL OR EXPUNGE THE DUI OR ANY OTHER ARREST (even if they were eligible to seal or expunge another arrest).

As you can see, DUI’s are very serious crimes that affect all aspects of your life!  If you have been arrested for DUI, you need to hire an experienced DUI attorney that knows the law, how to try a DUI case, and how the breath test machine works.  Most importantly, you need a DUI lawyer that is not afraid to fight for you in court and go to trial in your case.

If you have been arrested for DUI, call a member of the National College for DUI Defense!

Thomas C. Grajek – 863-838-5549 cell

 Because you only have 10 days to request a Formal Review or waive the hearing and get a hardship license IMMEDIATELY!

NCDD

Current law allows for 70 mph on interstates, 65 mph for highways with a divided median and 60 mph on certain other roadways, including rural highways.  Under the bill, all of these limits could be raised by 5 mph. The maximum highway speed limit could rise to 75 mph. Florida last nudged the state speed limit to 70 mph in 1996.

If you have been arrested for DUI or given a speeding ticket, call aggressive criminal defense lawyer!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

 Thomas C. Grajek  863-688-4606

NCDD

After Kelly Noel, a local popular blogger, was killed by a drunk driver this weekend, Austin Police Chief Art Acevedo is calling for a summit on drunk driving issues.  The article noted that fifty-five percent of Austin’s traffic fatalities this year involved drivers who were impaired by alcohol or drugs.

I don’t know whether a summit is the answer.  But I am encouraged by the discussion. Like alcoholism, recognizing you have a problem might be the first step in treating it.

Unfortunately, this larger problem only reflects what we’re seeing in our firm.  Over the last couple of years, we have been helping more and more clients who are being seriously injured by drunk drivers.  And while most of these cases have been late night wrecks, it seems there are more and more happening during the day.

This might be better for another article, but if you or a loved one has been injured by a drunk driver, and you’re looking for a lawyer to help, make sure the lawyer has ample experience in representing victims of DWI or DUI.  Most lawyers treat these as run of the mill car wreck cases.  But they aren’t.  There are a number of important steps and tactics that good attorneys utilize to help increase the value of your case.  Make sure you have a lawyer who can adequately represent you and your interests.

In a similar, well-publicized case, 16-year-old Ethan Couch was given a 10 year probation sentence. Adams’ mother believes that Couch’s family had both the influence and affluence to skew the justice system for their child, and she plans to picket the local courthouse until her own son is out of prison.

The Tarrant County District Attorney claims that the young Texan did receive a fair trial. While both cases involved intoxication manslaughter, they differ in their details. Couch was 16 years old when his accident occurred. Adams was 28 when he killed a police officer on duty. As such, Couch was tried as a juvenile, and Adams was tried as an adult. To date, Adams has not admitted he committed the offense, despite court records indicating that his blood alcohol content was .11 at the time of the accident. Accordingly, he has been denied parole.

As the diversity between these two cases exemplifies, no two DUI, intoxicated manslaughter or other personal injury cases are alike. Prison terms will differ based on specific circumstances; each case is individually tried on its facts. Adams’ mother may feel her son is being unduly punished, but an objective third party must consider all the facts before reaching conclusions on the case. For this reason alone, it is smart to hire a qualified personal injury attorney to handle such serious cases.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

These are very serious charges as a DUI carries a number of penalties and can affect your employment, car insurance, criminal record, and result in a license suspension.  Possession of a controlled substance (cocaine) is a felony that can result in the person being a convicted felon, losing their civil rights, and a two (2) year driver’s license suspension if convicted.  For an NHL player it can have even more severe consequences because BOTH of these crimes are considered felonies in Canada.  Canada’s government DOES NOT grant a U.S. citizen entry into Canada for four (4) years if convicted of a crime that Canada considers a felony.  So this could really have an adverse affect on Malone’s NHL career.

No details of the arrest have been released yet.  Usually a DUI arrest in Hillsborough County is videotaped including the suspect’s driving pattern and performance on Field Sobriety Tests (FST’s).  This will be a key piece of evidence whether he did the exercises or refused to perform FST’s.  The other key pieces of evidence will be whether he took the breath test or refsued the breath test.  The DUI officer may have also requested a urine sample to determine if there was any cocaine or other controlled substances in his system.  There is no “per se” level for a DUI drug case like the 0.08 level in alcohol cases.  Driving the Influence of Drugs (DUID) is becoming much more common in Florida and throughout the United States.  They often involve a DUI police officer with additional training who is called a “Drug Recognition Expert” or “DRE”.  An experienced DUI defense attorney such as myself knows these officers are not experts and how to defend these cases.  That includes knowing whether the drug analysis was done correctly by the lab.

That’s why it is extremely important that you retain a DUI lawyer with experience in DUI and DUI drug cases.  DUI’s involve a lot of science and you need an attorney who studies the latest technology, gas chromatography, and has successfully tried cases to a jury verdict like I have in DUI and DUI of  a controlled substance cases.  I am a member of the National College for DUI Defense (NCDD) and recently attended an NCDD seminar dealing with these exact issues.

If you have been arrested for Driving Under the Influence of Alcohol or a Controlled Substance,

call and speak to a member of the National DUI College.

Thomas C. Grajek – 863-838-5549 cell

You only have 10 days from your DUI arrest to request a Formal Review or a Hardship License!

NCDD

In cases where alleged drunk driving causes an accident that results in serious impairment of bodily function of another person, the driver can be charged with a felony. He or she faces imprisonment of up to five years and a fine of between $1,000 and $5,000.

If alleged drunk driving results in the death of another person, the driver … read more

The existence of a lesser sentence for leaving the scene of an accident incentivizes those like this driver to flee after causing harm, especially if they are under the influence of drugs or alcohol.

If Florida is successful in drafting an applicable law, that incentive would be removed. Florida’s proposed legislation would increase the minimum mandatory sentence for fleeing a scene to come close to the minimum punishment for a fatal drunk driving crash. In essence, an irresponsible departure would be treated as DUI manslaughter in the event of a victim’s death. More people could face prison time because of the new law, but it sends a clear message: in the event of an accident, stay at the scene and call for help.

If Florida can revise jail sentences for fleeing an accident scene, Texas could follow suit. Would such a measure work in Texas, where drunk-driving death rates are among the highest in the U.S.? It might be worth considering.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

One of the most interesting parts of the seminar was a mock trial that was conducted from an actual case.  The jury deliberations were monitored by audio and video so that I could see exactly how a jury comes to their decision in a DUI case.  The insight gained from this part of the seminar was invaluable to a DUI. defense lawyer.

In addition to the mock trial, nationally and internationally known experts spoke on all phases of a DUI case.  Even A.W. Jones the leading researcher and expert in alcohol and its effects on the human body spoke at the DUI conference.

If you have been arrested for DUI, retain the only DUI attorney in Polk County, FL for your case that is a proud member of the National College for DUI Defense (NCDD).

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

 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 or get a hardship license!

NCDD

Austin and the state of Texas both offer a wide variety of programs and initiatives that promote sober driving. Home for the Holiday and Arrive Alive programs have been established, and the area’s high-visibility enforcement does not allow refusals for assessment. And yet, the numbers of those killed in crashes involving a drunk driver continue to escalate.

In another attempt to counteract the trend, some are pushing for checkpoints in the state. Recent research demonstrates that DUI checkpoints can lead to a 20 percent drop in drunk driving accidents that lead to serious injuries and death. However, Texas is one of 12 states in the nation that does not currently allow checkpoints, so the law would need to be amended to initiate their use. Civil rights proponents suggest that checkpoints could open the door for abuse by police. But as the death rate continues to rise, drunk-driving crash survivors have answered, asking to refocus that concern onto victims. Drinking and driving is illegal and negligent, not to mention deadly.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The seminar will cover the latest issues and strategies in defending DUI’s.  This includes Blood Testing which is extremely important if you have been arrested for DUI Manslaughter or DUI with Serious Bodily Injury in Florida.  In these types of DUI cases, the police do not request a breath test, they can forcefully take your blood in Florida.  That is why if you are researching DUI lawyers and who you want to defend you in court, you want a lawyer that keeps up on the latest issues and defenses to these serious crimes that carry substantial prison time.  There is a four (4) year minimum mandatory prison sentence for DUI Manslaughter in Florida, but due to “Death Points” on the scoresheet, a person accused of DUI Manslaughter will be “scoring out” to more than 10 years in prison.

The speakers at this seminar include international leading experts in alcohol absorption, elimination, retrograde extrapolation, accreditation of labs testing your blood and all areas of a DUI case.  Dr. A.W. Jones, the world’s preeminent toxicologist will be one of the featured speakers.

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

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

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

 863-838-5549 cell

NCDD

 Because you only have 10 days to request a Formal Review or get a hardship license! 

Mr. Irsay allegedly drove at a slow rate of speed, stopped in the roadway and failed to signal a turn before police stopped him.  It is not illegal to drive slower than the posted speed in Florida.  In addition, a driver does not have to signal before turning in Florida if no traffic was affected.  Mr. Irsay was arrested in Indiana so traffic laws may be different there.  In addition, there may be more reasons why the police pulled him over suspecting he was under the influence.  The police also allege that he failed several roadside field sobriety tests.  A link to the video of him being booked into the jail can be found here:

http://www.indystar.com/story/sports/nfl/colts/2014/03/17/-colts-owner-jim-irsay-arrested-on-dui-charge/6515267/

After his arrest, the police searched his vehicle and allegedly found multiple prescription drugs in pill bottles according to the police report.  The drugs seized by the police allegedly did not match any of the prescription bottles found in the vehicle.

As recently as October 2013, Mr. Irsay had posted that he has not had a drink in over 15 years.  There was no allegation made by the police that any DUI officer smelled the odor of alcohol on Mr. Irsay.  This may then be a case where the impairment is allegedly caused by driving under the influence of drugs (DUID) rather than alcohol.  Many people do not realize that a DUI can be caused by medications that a person is lawfully prescribed if it impairs their driving.  In Mr. Irsay’s case, the prosecutor may change this to a DUID case arguing that the impairment was caused by these medications that Mr. Irsay allegedly does not have a legal prescription to possess.  many times though people do carry medication with them, but do not have it in the proper container.  If so, the drug charges may be dropped or reduced for not properly carrying them with him.

If you have been arrested for DUI, retain a DUI attorney that is part of the National College for DUI Defense (NCDD)

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

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

 863-838-5549 cell

Because you only have 10 days to request a Formal Review or get a hardship license!

Recently, the manual was updated to a more “picture” instruction format instead of the traditional detailed text instructions.  This is an attempt to make it more difficult for DUI defense attorneys to impeach an officer during a DUI trial to prove he did not administer the FSE’s correctly or grade the suspected driver in accordance with the NHTSA guidelines.  This strategy will not work as it will make the arresting officer unable to properly answer questions under cross-examination, especially if the officer was never trained under the previous versions of the manual.  As a DUI defense lawyer and member of the National College of DUI Defense (NCDD), I have copies of every NHTSA manual  including the instructor and student manual.  If you have been arrested for DUI, it is extremely important that the DUI lawyer you retain has the tools necessary to defend you against this crime.

To see a part Justin Bieber’s video performing the Walk and Turn exercise at the jail, click on this link:

http://www.usatoday.com/story/life/people/2014/02/26/justin-bieber-and-fans-nervously-await-his-arrest-video/5833967/

If you have been arrested for DUI, retain an attorney that is a member of the DUI defense college and has the experience and tools to defend and fight for you in court.

Thomas C. Grajek – Florida DUI defense attorney

863-838-5549  cell

YOU ONLY HAVE 10 DAYS TO REQUEST A FORMAL REVIEW!

1st time offenders can waive the Formal Review and immediately obtain a hardship license!

Florida has a very open sunshine laws that allow the public access to public records such as police and surveillance videos.  There are exceptions that make certain public records exempt from Flroida’s sunshine laws.  One of the exceptions to public records law is for “ongoing” criminal investigations.  Sometimes, the sheriff will argue that releasing jail videos compromises security of the jail.  The sheriff fears that inmates will get a copy of the video and learn where any “blind spots” may be located so that an booking deputy may be attacked or maybe somebody will attempt the “great escape” from the jail.  The police try and stretch “ongoing” investigation to include any criminal case that has not been resolved by plea or trial.  What is “ongoing” in a DUI case, introduction of contraband case, or battery on a law enforcement case after the arrest has been made?  There is nothing left to investigate.

I run into the problem of a lack of a video in my criminal and DUI cases often.  If you do not request the booking video of your DUI arrest in Polk County within 3-5 days, that valuable evidence demonstrating that your normal faculties were not impaired is lost forever!  That video may show you walking, talking, bending over, changing shoes, getting your mugshot taken, and more which would prove you were not impaired.  What about in a case where it is alleged a person arrested for some alleged crime is accused of having drugs on him when he is brought into the booking facility and the person denies that allegation?  Instant replay of a video could be the best evidence of your innocence, so why wouldn’t the sheriff preserve that evidence?  There was a case that went to trial a couple weeks ago in Polk County where the person was accused of hitting one of the booking deputies.  The video was not preserved and it became the person’s word against the deputy.  Is that fair?  Is it fair that state law mandates the video be retained for 30 days, but PCSO’s video loop is less than 7 days?

If you have been arrested that booking video may make the biggest difference in whether your case is dismissed or you are found guilty of a felony or a DUI.  If you have been arrested for a criminal offense in Polk County, you need to retain a lawyer that knows the police and procedures of local law enforcement, how to get the videos, what the videos may show, and how to argue your case should be dismissed if the video is not preserved.

Call and aggressive Polk criminal defense lawyer that will fight for you and your rights in court!

Thomas C. Grajek

863-688-4606

The crashes occurred in the early evening hours when the man’s Ford Expedition rear-ended the Chevrolet Cavalier. The 11-year-old backseat passenger was killed on impact, and an 18-year-old front seat passenger was seriously injured. The Cavalier was then propelled into two parked vehicles, both of whom were stopped close to the scene of another, unrelated accident.

The 29-year-old man pled guilty to two counts of aggravated DUI, one Class A felony, one Class 2 felony, failure to reduce speed to avoid an accident and operation of a vehicle while uninsured. After the crash, urine tests revealed heroin metabolite in the man’s system, spurring the aggravated DUI charges. The case will reach court in March 2014. The driver faces probation or three to 14 years in jail and a fine of up to $25,000.

Heroin use and abuse concerns more than the personal choices of drug users. On the road, drug use becomes a negligently egregious act that may cause needless death.

Lee, Gober and Reyna – If you need a personal injury lawyer or help with an auto accident, motorcycle accident, wrongful death, or burn injury case, contact Lee, Gober and Reyna by visiting http://www.lgrlawfirm.com or calling 512.478.8080

The investigation stemming from a discovery by the Escambia County Sheriff’s Office of missing prescription pain pills from the evidence room.  The missing drugs had been replaced with over-the-counter medications.  In all of the cases in which the drug evidence was missing, the drugs had been analyzed by the same chemist, who overall had processed 2,600 cases for 80 law-enforcement agencies since 2006. Whether the analyst handled any criminal cases in Polk County is unknown at this time.

The ramifications of this investigation will be huge.  Already, one State Attorney’s Office had to ask for a continuance in a trial of a man charged with trafficking in hydrocodone because of the chemist’s involvement in the case.  This could possibly lead to the trafficking charges being dropped.  Criminal charges could be brought against the lab analyst.  Recently, a lab analyst in Massachusetts was sentenced to to 5 years in prison for similar allegations after pleading guilty to 27 counts of misleading investigators, filing false reports, and tampering with evidence.

This strikes another blow to the integrity of the criminal justice system.  One of the jobs of a criminal defense lawyer is to fight this type of injustice and see that you are treated fairly in court.  If you have been arrested for a drug crime, call an attorney that will fight for justice for you!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

Thomas C. Grajek  863-688-4606

Handling all felony and misdemeanor criminal and drug cases in Polk County, Florida.

Currently, a police officer or deputy with the proper training can search a person or vehicle if he smells the odor of marijuana.  This gives the officer probable cause to search the vehicle for marijuana.  This includes containers in the vehicle that may contain the pot.  This is a tremendous tool for law enforcement that has led to numerous arrests for possession of cannabis, both felonies and misdemeanors.  In addition, the odor of marijuana has also been used by police to discover evidence of other crimes.  For example, a Polk deputy may pull a driver over for allegedly speeding, smell the odor of pot, and then search the car.  The deputy may not find any cannabis, but the trafficking amount of cocaine or meth he discovers in the vehicle will have been lawfully obtained and the occupants can be charged with a serious felony and face a long, mandatory prison sentence.

If the Medical Marijuana Amendment passes and becomes law, the legal issue becomes whether the odor of marijuana gives an officer probable cause to search a vehicle or whether it is a defense to have a prescription or an affirmative defense to the crime. Once marijuana is legal, the officer may not know whether an individual has a prescription or not.  Without this knowledge, the odor alone may not be probable cause of a crime because possessing cannabis is no longer illegal in Florida (for limited purposes).  Thus, there is no evidence of a crime because it is the odor of marijuana no longer indicates an illegal activity.  This will be an issue that criminal defense attorneys raise and will probably work its way through the appellate courts for an answer.  However, because marijuana is still a controlled substance, making the distribution of marijuana a federal crime, that could make the search legal.  Only time and litigation will tell how medical marijuana will affect criminal prosecutions.

We will probably see more Driving Under the Influence of Drug (DUID) arrests and prosecutions also.  This is already happening throughout the United States.  As more people have access to the drug, there are likely to be more arrests for driving under the influence of cannabis.  Draeger © has now produced a roadside machine to test for controlled substances.  Draeger’s © website touts their machine can “The Dräger DrugTest® 5000 System – Analyser and Test kit – provide fast and accurate on-site drug detection. Substances such as opiates, cocaine, cannabinoides, amphetamines as well as designer drugs and tranquilizers based on benzodiazepines can be detected in oral fluid samples or samples from surfaces.”  Whether Florida purchases and starts using this drug testing machines in the future is probably a question of “when” rather than “if”.

If you have been arrested, retain an aggressive Polk County criminal lawyer that has experience and knows the law.

I’m ready to stand up and fight for you in court!

Thomas C. Grajek – 863-688-4606

Handling all Polk County felony and misdemeanor drug charges including possession, delivery, sale, and trafficking.

http://www.youtube.com/watch?v=nh0MKeZdHNA – driving video

http://www.youtube.com/watch?v=xqR_iOXwcz0 – surveillance video

This is a copy of the police report obtained by TMZ.  WARNING! The police report contains profanity and strong language!

Bieber DUI police report

The police report alleges that Bieber and another person also driving a Lamborghini were drag racing and reached 55-60 miles per hour.  The problems with this allegation?  The car Justin Bieber was allegedly racing was a Ferrari, not a Lamborghini.  The second officer involved was readily able to distinguish between a Ferrari and a Lamborghini.  This shows that the officer’s observations are suspect and may not be credible.  Also, if you look at the video, the two vehicles do not appear to come close to reaching such a high rate of speed.  In order to issue a ticket for speeding, police officers are supposed to estimate a vehicle’s speed and then clock the speed using radar or pacing the car using their speedometer.  This was never done.  If the officer is wrong about these simple observations, what else is the officer wrong about?  Does he have a bias against people driving expensive sports cars?  Was the officer’s mind made up to stop the cars or request a DUI investigation based on the vehicles alone?  What affect did it have once he learned it was Justin Bieber driving?

The police report also indicates there were no problems with Bieber’s driving pattern.  He even made a right hand turn with no issues.  One of the “cues” or indicators of impairment and officer looks for in a DUI case is problems with the driving pattern.  Here there does not appear to be any.  This fact could then for the basis for a Motion to Suppress in which a DUI attorney asks the court to throw out evidence of the stop due to the illegal stop by the police.  In a DUI case, that would result in ALL the evidence being thrown out of court and the DUI charge and any additional charges would be dismissed.

Once pulled over, there were very few indications that Bieber was impaired.  He protested his innocence (with a lot of profanity).  He did not slur his words, he did not have trouble exiting the vehicle, Bieber did not need to use the vehicle for support, or lean on the vehicle.  These are all indicators that a driver may be under the influence that DUI officers are trained to look for in a DUI arrest.  It is not easy to exit and get out of a low-to-the ground sports car, but Bieber apparently did so perfectly.  Another problem with the prosecutor’s case.

The next problem is that Bieber was immediately arrested for DUI with NO Field Sobriety Exercises performed on him!  The police did not even call a DUI officer to the scene or ask if he would perform Field Sobriety Tests before arresting him.  That means he was arrested based on allegedly racing or speeding (does the video bear this out?), having blood shot eyes (up all day and tired? Coming from a smoky environment), a flushed face (because he was angry for being pulled over for no reason?), and the odor of alcohol on his breath (it is not illegal to drink and driver in Florida, it is only illegal if you have so much to drink that it affects the driving). You must not ignore the other facts that indicate Bieber was NOT IMPAIRED when determining whether there was probable cause to make a DUI arrest.  The perfect driving, not slurring his words, exiting the vehicle perfectly, not stumbling at the roadside, not swaying at any point in time, protesting his innocence, stopping the car immediately and pulling over the vehicle without any issues.  These are factors that bear on probable cause also.  Under Florida law, the odor of alcohol alone is insufficient to establish probable cause for arrest. State v. Kliphouse, 771 So.2d 16 (Fla. 4th DCA 2000).  So the motion to suppress the stop and have the case dismissed could prove to be very strong in Bieber’s case.

Bieber again protested his innocence at the jail.  Bieber was finally asked to submit to Field Sobriety Exercises and he refused.  The Field Sobriety Tests are voluntary under Florida law!  A suspected impaired driver does not have to do them.  Bieber again explained that he was innocent and was not impaired, drunk, or intoxicated so why should he have to do them.

Bieber took the breath test result which came in at allegedly at .011 g/mL and .014 g/mL of alcohol.  Breath Test results are NOT reported as a percentage and DO NOT represent the percent of alcohol in a person’s body.  The legal limit in Florida is 0.08 g/mL of alchol.  This means that Bieber’s breath test result was way BELOW THE LEGAL LIMIT.  Not only the legal limit for a DUI case, but even below the legal limit for an underage driver in Florida.  The legal limit is 0.08 no matter what your age is in a DUI case.  However, the administrative law states that the Dept. Of Highway Safety and Motor Vehicles (DHSMV) will suspend an underage drinker’s license if their breath test level is 0.02 or higher!  (Florida Statute Section 322.2616).  Bieber was below even this small amount.  There will be no administrative suspension of his driving privileges and no need to request a Formal Review because his license will not be immediately suspended by Florida’s DHSMV.

Finally, Bieber was allegedly requested to undergo a drug evaluation.  There is no information in the police report to indicate whether the DUI officer who performed the evaluation was a Drug Recognition Expert (DRE) or whether Bieber underwent the 12 step protocol for the Drug Influence Examination (DIE).  DUI officers are required to get extra training in Driving Under the Influence of Drug cases (DUID).  It is illegal to drive while impaired by a controlled substance in Florida.  A controlled substance can be a lawfully prescribed medication.  Whether the lab analyst will find anything in the urine sample is fact we will learn at a later time.

However, there are a number of issues with the Drug Influence Evaluation.  The police need probable cause to request this evaluation.  There is nothing to indicate that Bieber was impaired by drugs in this case.  Unless Bieber made statements that he was currently taking medications or took some controlled substance, there is no reason to think drugs played any part in this case.  In addition, there are number of ways to defend against a DIE.  Was the DRE trained properly? Is the officer even a DRE?  Did he perform the DIE correctly?  Has the DRE kept up with the requisite training to maintain his status as a DRE?  Was the drug evaluation videotaped?  It does not have to be, but it can lead to valuable evidence in this case.  As part of the 12 step protocol, an arrested driver for DUI is asked to perform the Field Sobriety Exercises.

This case has a lot of legal issues and there may be a number of defenses to this DUI charge.  Roy Black is a phenomenal criminal defense lawyer and is representing Justin Bieber in his DUI case.  I will continue to post about Bieber’s DUI case as we learn more.

If you have been arrested for DUI, retain a DUI attorney that is part of the National College for DUI Defense (NCDD).

Retain an DUI attorney who is experienced at handling DUI’s and located in Polk county in order to get the best defense and the best result to your driving under the influence case.

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 or get a hardship license!

NCDD

In Florida, the minimum mandatory sentence for DUI Manslaughter is four (4) years in Florida State Prison (FSP).  In addition, for a person convicted of DUI Manslaughter in Florida, there is a mandatory permanent revocation of their driver’s license. If the convicted DUI driver has no prior DUI related convictions, the driver may be eligible for hardship reinstatement after 5 years.

If you have been arrested for DUI, DUI with Property Damage, DUI with Serious Bodily Injury, or DUI Manslaughter in Polk County or Florida call an experienced DUI attorney today to protect your rights.

Call and speak with Thomas C. Grajek, an experienced DUI trial lawyer in Polk County willing to fight for you in court today!

CALL DUI LAWYER THOMAS C. GRAJEK NOW !!!

863-838-5549 cell 

Call now because you only have 10 days to request a Formal Review or get a hardship license.

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, HainesCity, Auburndale, and Lake Wales.

Criminal law in the State of Florida is usually divided into two categories: felonies and misdemeanors. There is another classification, called “common law crimes”, but those designations usually have attributes of the other two categories as well. To complicate matters, there are also different severity classes included in each category. Criminal law can absolutely be difficult to understand for those who do not deal with it daily.

County courts have original jurisdiction for nearly all misdemeanor cases. Circuit courts deal with all felonies, with juvenile misdemeanors and with misdemeanors resulting from the commission of a felony (with some exceptions). This is a somewhat simplified explanation, and the system is far more complex. Therefore, hiring a competent criminal defense lawyer not only makes good sense — it is a necessity.

A misdemeanor is a criminal offense punishable by jail time of less than a year. Misdemeanors are not as “serious” as felonies, and they are further separated into various degrees. A second-degree misdemeanor may result in a 60-day jail sentence. A first-degree misdemeanor offense may leave the perpetrator behind bars for up to a year. Other penalties may also come into play; courts can sentence those guilty of a misdemeanor to probation ranging from six months to a year.

Suspects in Florida should be aware that conviction of a first-degree misdemeanor may result in the revocation of probation granted for a previous offense. Judges may order such offenders to jail for the full term applicable under the circumstances of their previous offense (with credit for time already served), no matter how long the person has been on probation.

Typically, those who commit misdemeanors do not serve time in a state prison — unless they have been charged with and convicted of a felony and misdemeanor and the sentences run concurrently. As such, sentencing guidelines and the Criminal Punishment Code do not apply to misdemeanors.

Driving under the influence (DUI), battery, petit theft, possession of marijuana, driving with a suspended or revoked license and culpable negligence charges may be reclassified to a higher degree. This reclassification depends on the number of charges and convictions the person has faced previously and on any other aggravating factors. In other words, a DUI may not be “just” a DUI if the person charged has a long prior record of many more.

In Florida, courts are shifting to a more regimented, structured sentencing system. That system eliminates some judicial discretion dealing with misdemeanors — meaning that judges are required to impose certain penalties at sentencing.

The laws regarding Florida misdemeanors and felonies are changing, and those changes affect those who are charged. If you are charged under the any of the newer revisions to the law, you need an experienced criminal defense attorney to help you get through the process. If you attempt the process on your own, you may end up with an unexpected, unhappy result.

If you face a felony or misdemeanor charge, learn about your rights and find out how the newer laws apply to you.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Lakeland criminal defense attorney or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

Prosecutors allege the car was driving as fast as 110 mph at the time of the crash.  The prosecution’s lab analyst also testified that blood tests showed his blood alcohol content was 0.18 percent, which is more than twice Texas’ legal limit to drive of 0.08 g/ml alcohol. Florida’s legal limit is also 0.08 g/mL of alcohol.  Many people think it is 0.08 percent, but blood alcohol levels are reported as grams per milliliter of alcohol.  Prosecutors in this DUI Manslaughter case allege that the 320-pound defensive tackle had as many as 17 drinks on the night of the crash in order to get to such a high level.  Witnesses from the club testified that the driver did not appear impaired some said he was drinking water, not alcohol.

Brent’s DUI attorneys contend that the blood tests used by police were faulty and that Brent couldn’t have drunk nearly that much alcohol.  The defense expert testified that the vials used by the prosecutor’s lab analyst were contaminated with alcohol in them.  The defense expert also testified that the crime lab  used expired fluid to process Brent’s blood and because of that, the 0.18 result was not reliable.   The defense was dealt a blow to their case when the judge prevented the defense expert from testifying on a number of matters concerning the blood test.

There is a video of Brent performing field sobriety exercises, but I have been unable to find the video online.  The defendant faces up to 20 years in prison if convicted.  This would be the case in Florida also as DUI Manslaughter is a serious crime that scores out to a long prison sentence due to the nature of the offense and points for death that are counted on the Scoresheet.  No telling how long the jury will take to deliberate.

If you have been arrested fro DUI Manslaughter or DUI, retain an attorney who is a member of the National College for DUI Defense such as myself.  There are a number of things that must be done immediately if you have been arrested for DUI so don’t delay, call right away!

Thomas C. Grajek – 863-838-5549 cell

NCDD

NCDD

Who do you want defending you of your DUI or DUI Manslaughter case?  I want to make sure I receive continuing education on DUI laws and issues.  It allows me to network with DUI attorneys throughout the country that I can consult with on DUI cases.  DUI’s are different from other crimes because, unlike other crimes, you can be convicted based upon solely the opinion of an arresting officer.  Also, a DUI case contains more science than most other criminal charges.  How alcohol is absorbed and eliminated into the body, how the Intoxilyzer breath test machine works, where to find the documents regarding the breath test, how to get a video in a Polk County Sheriff DUI arrest, and how to try a DUI case before a jury.

If you have been arrested for DUI, retain a knowledgeable DUI lawyer who is not afraid to stand up and fight for you in court!

DON‘T HESITATE!!!   

Because you may be eligible to keep driving the entire time your DUI case is pending. 

Call immediately for more information about your Formal Review!

863-838-5549 cell

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

The Defendant objected to the admission of the air bag report arguing that the report was hearsay and should not be admissible at trial.  The judge overruled the defense’s objection, admitted the report, and the Defendant was convicted at trial of  leaving the scene of a crash involving death, vehicular homicide, and driving while license is suspended or revoked.  Based upon this evidentiary ruling, this air bag report could also be used in a DUI manslaughter case.

After the conviction, the Defendant appealed to the Second District Court of Appeal which rules on cases in Polk and Hillsborough County.  The appellate court agreed with the trial court and held that the “black box” report was not hearsay and was admissible at trial.  This means that the “Confrontation Clause” which gives the Defendant the right to confront his or her accuser and the witnesses against him did not apply.  That is because the court rules that the “black box” report is not testimonial hearsay.  What does all that legal mumbo jumbo mean?  That the the air bag control system report is not accusatory and does not describe any specific wrongdoing of a driver.  The report merely establishes the existence or absence of some objective fact, i.e., if and when the brakes were applied in the driver’s car before the accident and the speed the car was traveling.  If this had been a lab report done by a crime analyst or lab technician stating the results of a driver’s blood alcohol level or what type of drug was seized by the police, the person who conducted the lab report would testify.

What does mean to you?  If you have been arrested for a driving offense or a drug offense, the nature and type of the report may require a witness to testify.  You also need to know that information before you go to trial or make the decision to go to trial.   Retaining a criminal defense lawyer that stays up-to-date withe the latest case law is extremely important to get the best outcome for your criminal case.  Knowledge allows you to make the best and most informed decisions possible.

If you have been arrested for a serious felony, DUI with Serious Bodily Injury (SBI), DUI Manslaughter, leaving the scene of an accident with death, or a drug or controlled substance offense, retain an attorney that knows the most recent case law and how the rules of evidence will benefit or hurt your case.

PROTECT YOUR RIGHTS – CALL NOW 863-688-4606 AND SPEAK TO AN EXPERIENCED AND AGGRESSIVE ATTORNEY WHO WILL FIGHT FOR YOUR RIGHTS IN THE COURT ROOM!

 THOMAS C. GRAJEK, CRIMINAL DEFENSE ATTORNEY

Handling all criminal and juvenile cases in Polk County, Florida including Bartow, Lakeland, Winter Haven, Auburndale, HainesCity, and Davenport.

See Peterson v. State, __ So. 3d __, 39 F.L.W. D75 (2d DCA 1/3/2014)

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

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is knows the problems and flaws with the breath test machine and will fight for you in court!

Thomas C. Grajek

863-838-5549 cell

You only have 10 days to request a Formal Review or request a Hardship License after you DUI arrest!

The holidays are upon us which means a lot of parties and celebrations.  While it is not illegal to drink and drive, it is always best to have a designated driver so that your holidays or someone else’s holidays are not ruined.  Please drink and act responsibly this holiday season.

Many of the procedures and protocols for DUI enforcement are set by the National Highway Safety and Traffic Administration (NHTSA), which is a division of the Dept. of Transportation (DOT).  They have come out with another video on drinking and driving which can be viewed at:

https://www.youtube.com/watch?v=kwLfhVnALOA

While the video is over the top, the message is a good one, please be safe and act responsibly this holiday season.

Thomas C. Grajek

Polk County DUI Attorney

863-838-5549 cell

You only have 10 days to request a Formal Review or your Hardship License if you have been arrested for a DUI!

Florida is deadly serious about not drinking and driving, and if caught, the driver gets an immediate license suspension. That is inconvenient for sure, but overall that is the least of an offender’s worries, should they be caught more than once.

Being without a license means not having a way to get to work. Now, instead of hiring a criminal defense lawyer to help you obtain a hardship license, you may apply for one on your own. A hardship license is a special, limited purpose driver’s permit, usually only applicable in certain circumstances, such as getting to work or needing to attend medical therapy of some sort (e.g., dialysis) on a regular basis.

Before this law was passed, a criminal defense attorney could request a hardship license be issued while their client was waiting for their day in court. Now, an accused may head down to a local Florida Department of Highway Safety and Motor Vehicles (DHSMV), waive their right to contest the license suspension, and apply for a hardship license immediately. This must be done within ten days of being arrested, and the offender must bring a copy of their DUI citation, show proof they have registered in approved DUI classes, and pay a fee.

Inherent in waiving their right to contest the license suspension is an admission of guilt. Most good criminal defense attorneys would not advise their clients to do something that may incriminate them, and this new development in the area of DUI enforcement is a wrinkle with potential glitches, particularly when it comes to an alleged drunk driver’s rights.

Most people do not understand that if they waive a right, thinking it just means they get a license faster and can get on with their lives, that they have admitted their guilt, when in fact they may not be guilty of driving under the influence. There are medications that mimic the symptoms of DUI.

Just because someone was issued with a DUI citation does not mean they were driving while under the influence, does not mean the citation was issued in accordance with all departmental policy, does not mean the roadside breathalyzer was working properly, and does not mean the officer administering the tests was properly trained in the correct methods of using the equipment.

It remains to be seen if this new nod to expediency is anything more than a speedy rush to justice without the right to be duly represented by an experienced criminal defense attorney, with an eye to protecting falsely accused drunk drivers. Those who have been arrested for DUI should seek legal advice on whether this new law is in their best interests before they go apply for such a license.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

The case took 3 years to resolve by a plea to the charge.  These cases can take a very long time to resolve due to the nature of the offense, the amount of evidence to thoroughly read, depositions, research case law, consult with experts, and file motions.

DUI Manslaughter is a 2^nd degree felony punishable by up to 15 years in prison under Florida Statute 316.193(3)(c)3.a.  However, a driver can be sentenced for more than the statutory maximum of 15 years if they score more under Florida’s Criminal Punishment Code Scoresheet.  DUI Manslaghetr is a Level 8 offense.  A summary of the “Scoresheet” with no prior record would be:

• Count 1- Primary Offense – DUI Manslaghter – Offense Level 8 – 74 Points
• Count 2 – Additional Offense – DUI Manslaghter – Offense Level 8 – 37 Points
• Victim Injury – Death – 120 points x 2 deaths = 240 Points
• 74+37+240 = 351 Points

Sentence Computation

• 351-28 = 323 x 0.75 = 242.25 which is the lowest permissible prison sentence in months or about 20 years in prison.

This is where the term “scores out to” comes from that defense attorneys and prosecutors use in felony cases.  That means in this case the driver “scores out to 242.25 points.  Because each point represents a month in prison, and there are 12 months in a year, if we divide 242.25 by 12, we get a minimum term of prison of just over 20 years in prison.

In this case the “Scoresheet”  for DUI Manslaughter in this case would look something like DUI Manslaughter Scoresheet

A DUI Manslaughter case is even more serious and “scores” even more prison time if the driver fails to render aid to the accident victim or give information.  Under Florida Statute 316.193(3)(c)3.b. “DUI manslaughter; failing to render aid or give information”, the crime is a 1^st degree felony punishable by up to 30 years in prison for each offense.  The offense level is raised to 9 which would increase the “Primary Offense” points from 74 to 92.  This crime was enacted by the legislature to punish drivers who flee from the scene in hopes of escaping being detected or having their blood drawn as evidence to prove impairment.

These cases are very emotional for the victim’s family.  At the same time, we as defense attorneys have to insure that the investigation was conducted properly, that the evidence is reliable, and the prosecutor can prove the case beyond a reasonable doubt.  Defending a DUI Manslaughter, DUI with serious bodily injury, or even a simple misdemeanor DUI requires extensive knowledge of the DUI laws, forensic sciences, trial experience, and the administrative rules governing blood and breath collection.  If you have been arrested for an alcohol-related offense you need a DUI lawyer that is not afraid to file motions and fight for you in court.  You also need an experienced DUI attorney that studies the changes in the law, how blood or breath evidence is collected, how the blood or breath is processed through a gas chromatography or breath test machines.

If you have been arrested for DUI Manslaughter, DUI with serious Bodily Injury, or DUI you need to call a DUI lawyer IMMEDIATELY!  There are many things that need to be done immediately to start defending you of these very serious criminal charges.

Thomas C. Grajek – 863-838-5549

 Experienced DUI attorney

http://www.theledger.com/article/20131108/NEWS/131109285/1358/news06?p=2&tc=pg&tc=ar

Another officer was part of the story.  A DUI arrest made by Officer Tyler Anderson was outside the jurisdiction of LPD.  This DUI case was eventually dismissed.  This DUI arrest was the subject of newscasts months ago.  However, it wasn’t until very recently that LPD started investigating the incident.  Why did it take so long for LPD to initiate an internal investigation?  I understand that LPD has a lot of internal problems and issues to investigate, but it has been months and was prime time television news.  That is why when The Ledger asked my thoughts on the panel LPD was putting together to conduct an internal investigation,  I said it was useless in my opinion.  Officers can not thoroughly investigate themselves because they think they are performing their duties correctly in the first place.  That is why LPD needed to bring an experienced criminal defense attorney from another county or a criminal defense expert to investigate any problems or issues.  Defense attorneys know what to look for and may cause problems with an arrest or criminal investigation.  After all, it was defense attorneys that brought these problems to the public and law enforcement’s attention.

If you have been arrested, call an experienced criminal trial attorney that will fight for you in court!

Thomas C. Grajek 863-688-4606

FLCrimeDefense@aol.com

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! 

The topics we covered included:

• Jury Selection – the most important part of a DUI or criminal case.  If your criminal defense attorney does not know how to engage a jury and find people open to your defense, your case is over before it starts.
• Storytelling techniques – You need an attorney that can insure the jury remembers your version of what happened when the go back to the jury room to deliberate your case.  Tyrone Montcriffe was the speaker and is a master storyteller.
• Cross-Examination – Lecture by Terence F. MacCarthy, one of the most respected experts on cross-examination today
• Breath Testing Trial Techniques – Doug Murphy from Texas did an amazing job on how to attack the breath test machine and operator.
• Field Sobriety Cross-Examination – Knowing how to cross-examine the arresting officer is crucial in any DUI case.
• Gas Chromatography – Josh Lee did an excellent job in explaining the latest problems when it comes to analyzing blood or urine in DUI Manslaughter, DUI with Serious Bodily Injury, or DUI controlled substance cases.

In addition, I network with the other DUI attorneys during breaks and after the seminar to learn what is working for them in defending DUI cases.  If you have been arrested for DUI, call an attorney that puts in the effort to insure you get the best defense using the latest law to fight for you in court!

Thomas C. Grajek

Lakeland DUI lawyer – 863-688-4606

You only have 10 days to request a Formal review or to request a Hardship License so call now!

• Jury selection in DUI cases
• Storytelling techniques for Opening and Closing Statements in a DUI trial
• Cross-examination of witnesses in a DUI/criminal case
• Gas Chromatography for defense attorneys (this is how blood is analyzed for blood-alcohol content and controlled substances in DUI cases including DUI Manslaughter and DUI with Serious Bodily Injury)
• Cross-examination of the Field Sobriety Tests/Exercises and DUI officer
• Breath testing trial tactics (cross examination of the breath test operator and Agency Inspector who is supposed to insure the breath test machine functions properly)
• Workshops on all phases of a trial where we analyze and discuss issues in upcoming trials

These continuing legal education seminars are vital to the defense of your case.  The seminars are applicable to all types of criminal cases.  No other DUI attorneys from Polk County attended this seminar. Who do you want defending you in court? An attorney that continues to educate himself and learn the latest law? Or, an DUI lawyer that thinks he knows everything already.

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is ready and has the knowledge to fight for you in court!

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE POLK COUNTY DUI LAWYER.

 Thomas C. Grajek  863-688-4606

Remember you only have 10 days after your DUI arrest to request a Formal Review or waive the administrative hearing to get a hardship license and keep driving!

Pagan was the arresting officer on one of my client’s DUI cases and there were numerous problems with his investigation of that criminal case.  The criminal allegations against Pagan stem from a domestic violence case Ofc. Pagan was investigating while working for LPD.  There is allegedly video evidence supporting the alleged victim’s allegations.  There are also 911 calls regarding the arrested officer.  Will these scandals at LPD ever end?  Chief Womack said she is “fed up” with these scandals.

If you have been arrested by Officer Pagan, the pending charges will probably be dropped immediately.  If you have been arrested by the Lakeland Police Department, call an attorney fighting for you in court.

CALL NOW AND SPEAK TO AN EXPERIENCED, AGGRESSIVE

POLK COUNTY CRIMINAL DEFENSE LAWYER.

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

 Thomas C. Grajek  863-688-4606

http://www.theledger.com/article/20130816/NEWS/130819412/0/search

As I previously explained in a  blog about Tampa ‘s Police Department conducting the same type of “investigation” these “investigations” have no teeth.  If you really want to fix your problems you need an independent critical eye looking at the police investigation.  That means a DUI defense attorney must be on the investigative team.  Defense attorneys are the people who find problems with the breath test machine, police paperwork, search warrants, and endless other issues.  Self-policing does not work.  DUI lawyers that file motions to suppress and public record requests for documents the police and prosecutors do not hand over are the ones that insure fairness and justice are served and our constitutional rights are protected.

If you have been arrested, call an attorney that knows what to look for and how to defend you in court.

Thomas C. Grajek

863-688-4606

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! 

Now, the FBI is investigating this DUI arrest.  TPD has begun its own “investigation” of its DUI unit.  So who is on this “”investigative team”?  A former circuit judge who rarely heard DUI cases in felony court.  A statewide prosecutor who’s office rarely handles DUI cases.  Someone from FDLE who recently had their own problems when the head of the Alcohol Testing Department, which is responsible for the integrity of Florida’s breath test machines, was forced to resign or was fired for her own issues.  Then there are two former DUI supervisors who are probably responsible for training the DUI unit currently in place.  Where are the DUI defense attorneys?  We are the ones that look at the issues with a critical eye and know what the problems are with DUI enforcement.  When an attorney files a Motion to Suppress and alleges that the officer violated a driver’s constitutional rights or misinterpreted the law, we are the ones training these officers.  DUI attorneys know the law better than anyone.  So I do not have a lot of confidence that this “investigation” will improve the DUI unit’s performance at all.

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is ready and has the knowledge to fight for you in court!

Polk DUI lawyer Thomas C. Grajek 863-838-5549 cell

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

Now, the FBI is investigating this DUI arrest.  TPD has begun its own “investigation” of its DUI unit.  So who is on this “”investigative team”?  A former circuit judge who rarely heard DUI cases in felony court.  A statewide prosecutor who’s office rarely handles DUI cases.  Someone from FDLE who recently had their own problems when the head of the Alcohol Testing Department, which is responsible for the integrity of Florida’s breath test machines, was forced to resign or was fired for her own issues.  Then there are two former DUI supervisors who are probably responsible for training the DUI unit currently in place.  Where are the DUI defense attorneys?  We are the ones that look at the issues with a critical eye and know what the problems are with DUI enforcement.  When an attorney files a Motion to Suppress and alleges that the officer violated a driver’s constitutional rights or misinterpreted the law, we are the ones training these officers.  DUI attorneys know the law better than anyone.  So I do not have a lot of confidence that this “investigation” will improve the DUI unit’s performance at all.

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is ready and has the knowledge to fight for you in court!

Polk DUI lawyer Thomas C. Grajek 863-838-5549 cell

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

Police reports indicate that the teen and his passenger were injured when the vehicle they were in rear-ended a Chevy van carrying seven people. The force of the impact flipped the van, killing five of the occupants. The van’s driver and a 15-year-old boy were the only survivors. Despite the teen’s lawyer indication that he would plead not guilty, the boy had reportedly admitted to police he was behind the wheel at the time of the accident. In the front and back seat investigators found several bottles of beer.

The teen was subsequently charged with DUI causing substantial injury or death, plus two misdemeanor charges —- driving without a license and failing to slow down. According to his criminal defense attorney, the teen plans to plead not guilty, as there may be some issue as to whether or not he was driving at the time of the accident. In the meantime, he is being held on $3.5 million bail and is in isolated, protective custody in jail. His attorney indicated that his client was praying for the five people killed in the accident.

Anyone facing the loss of five members is likely utterly devastated. The expense to bury five and pay funeral costs typically is staggering. In order to be able to pay their bills and wait for their wrongful death lawsuit to be resolved, the perfect solution may be to apply for a lawsuit cash advance. Pre-settlement funding is an emergency loan advanced to qualified plaintiffs working with a lawyer that allows them to get out of debt and keep their financial obligations current while waiting for a trial or settlement.

Plaintiffs just need to fill out an application online or by calling a litigation funding company. They do not get put through a credit check, there are no fees to be paid upfront or monthly, the applicant does not need to have a job and if they do lose their case in court, the lawsuit cash advance is theirs to keep, with no strings attached.

Daren Monroe writes for Litigation Funding Corp. To learn more, visit http://www.litigationfundingcorp.com/.

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! 

http://www.theledger.com/article/20130716/NEWS/130719456?p=1&tc=pg

The article refers to my DUI case that brought to light some of the problems with the DUI arrests being made by Lakeland Police Department officers.  You can read about that case on my CASE RESULTS page here:

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

If you are looking for a criminal defense attorney that will thoroughly investigate call me!

Thomas C. Grajek

Experienced criminal defense trial attorney

863-688-4606

http://www.wfla.com/story/22856459/lakeland-police-scandals-could-place

News Channel 8 also has copies of the letters the State Attorney sen Chief Womack regarding some of the LPD officers.  In the letters the prosecutor states he does not feel he can trust the officers’ testimony in criminal cases.  Without that testimony, the prosecutor may not be able to prove the DUI charges pending against suspected drivers.  This may result in up to 40 DUI cases being dismissed.  Other alleged criminal prosecutions may also be affected and dropped including felony criminal charges.

It also appears the investigation by the State Attorney’s office into the Lakeland Police Department are not finished.  It was also reported that the Lakeland Police Department is reviewing all of LPD’s DUI arrests since last year.  I will keep an eye on these events and how it may benefit my clients to insure they are treated fairly.

If you have been arrested by the Lakeland Police, call the attorney who worked to discover some of these allegations.

Lakeland Criminal Defense Lawyer

Thomas C. Grajek – 863-688-4606

Handling all felony, misdemeanor, and DUI cases in Polk County.

http://www.theledger.com/article/20130716/NEWS/130719456?tc=cr

That means that the prosecutor’s office will no longer accept testimony from Sgt. Raymond Lloyd and Officer David Edds.  These were the officers on my LPD case a few weeks ago where I brought out the problems with the DUI reports and how the police reports were sworn to under oath.  Usually, that means that the State Attorney’s office will not go forward with any cases in which these officers are the sole officer giving testimony.  For some individuals, that may mean criminal charges are dropped against them if the testimony is critical to the case.

The investigation is still ongoing.  Hopefully, the thorough job the State Attorney’s office is doing will result in restoring the public’s confidence in the Lakeland Police Department.

In addition, two deputies with the Polk County Sheriff’s Office were also fired today based upon their misconduct.

If you have been arrested and are looking for an attorney to stand up and fight for you in court call me!

THOMAS C. GRAJEK, POLK COUNTY CRIMINAL ATTORNEY

 CALL NOW   863-688-4606

It takes a lot of time and effort to properly prepare a “Writ of Cert” if you want to win the appeal.  You are trying to persuade the Court that the DHSMV did not afford a driver due process of law.  The DHSMV tries to continuously shift their burden to the driver in these cases in clear violation of the law.  This is not surprising to anyone who has dealt with the DHSMV, had problems trying to get their license reinstated, or waited in line at the driver’s license office.  You have to fight against them.  A DUI attorney has to be thorough and research the case law and DUI statutes.  The arguments have to be clear and easy for the Court to understand.  This was just the Response and not even the original Petition for Cert prepared in this case, but it is an important opportunity to demonstrate to the Court that the DHSMV is wrong and their reasoning faulty.

If you have been arrested for DUI, why should it matter that I file writs in Formal Review cases for my clients arrested for DUI?  Because this type of in-depth research and fighting spirit makes me the Polk DUI lawyer you want on your case.  Do you want a lawyer that gives up? Do you want a DUI attorney standing by your side in court that knows the DUI laws?  Do you want a Polk DUI lawyer that knows how to properly defend a DUI and file writs? Do you want an attorney that does not subpoena witnesses to the administrative hearing and does not file Motions to Suppress in Court like me?  Preparing a DUI appeal means that I am better prepared to handle your DUI case and argue in court for you!

Recently, the administrative DUI suspension rules have changed.  Florida Statute 322.2615 that governs DUI suspensions was overhauled July 1, 2013.  Many Polk DUI defense attorneys do not know this happened.  Some lazy DUI lawyers are encouraging people arrested for DUI to blindly waive their right to a Formal Review!  I win many DUI cases because of what I learn in a Formal Review hearing, such as my recent Lakeland DUI case that was featured in the news.

There are benefits and consequences to these changes in DUI law.  You need to discuss your options with a DUI attorney well-versed and experienced in Florida DUI law to make an informed choice that is right for you..

Call me, Thomas C. Grajek, a Polk DUI lawyer that will fight for you!

863-838-5549

You only have 10 days to request a Formal Review or obtain a hardship license after your DUI arrest.

Call for a FREE CONSULTATION to learn which option is best for you and what must be done in 10 days to qualify for the hardship license election.

Now, you can AUTOMATICALLY obtain a hardship license for the ENTIRE period of suspension.  What does a person arrested for DUI give up for this benefit?  The driver MUST WAIVE their right to a Formal Review.

• That means the DUI license suspension will appear on your license.
• That means you have no chance of having the administrative suspension set aside and having your full driving privileges reinstated.
• That means you lose a valuable discovery tool to prepare your DUI case for court and trial.

I am hearing from more and more people arrested for DUI that their insurance company is cancelling their policy if they are arrested for DUI or lose the Formal Review.  So you may get a hardship license, but have no insurance.  This decision becomes an extremely important decision based upon each individual driver’s priorities.  It also depends on which law enforcement agency arrested the driver.  That is why you need an experienced DUI trial lawyer representing you!  You need an attorney that can explain the benefits of each choice and select the best option for your criminal case.

If you choose to have a Formal review, the rules will remain unchanged as far as temporary permits and hardship licenses.  However, if an DUI officer or deputy fails to appear at your Formal Review, the DUI suspension will be INVALIDATED! No more having to file a lawsuit to enforce subpoenas.  Many lazy DUI lawyers that NEVER subpoena witnesses better learn the new rules quickly or they may make a huge mistake for the client’s they represent.  Retain an attorney that is not lazy and will continue to fight for his clients like I always have.

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

 CALL POLK COUNTY DUI ATTORNEY THOMAS GRAJEK NOW!!!

 863-838-5549 cell

You only have 10 days to request a Formal Review!

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

http://www.theledger.com/article/20130620/NEWS/306215002/1358/news06?p=1&tc=pg

If you have been arrested, call an attorney that will fight for your rights!

CALL AND SET YOUR FREE OFFICE CONSULTATION NOW! 

You will not have to drive to another county. Office – Lakeland, Polk County.

Thomas C. Grajek  863-688-4606

You can watch News Channel 8′s excellent story here:

http://www.wfla.com/story/22644586/fl-investigates-lakeland-police-dui-procedures

• If you are arrested for DUI, you need an attorney who thoroughly investigates your case.
• You need a DUI lawyer that will stand up for your rights in court.
• You need an experienced trial attorney that knows how to cross-examine a DUI officer.
• You need an attorney that attends the latest DUI and criminal seminars that knows the law.

Polk County DUI lawyer Thomas C. Grajek is that attorney!

863-838-5549  cell

The administrative driver license suspension rules for DUI’s change July 1, 2013.  

http://www.theledger.com/article/20130620/NEWS/130629985?tc=cr&tc=ar

Documents and police reports play a critical role in a DUI and criminal case.  DUI reports are also the evidence used to uphold the suspension of a driver’s license is based on these reports.  The DUI documents are admissible if properly sworn to and can make the difference whether or not you have a license.

The Formal Review rules are changing July 1, 2013.  Call an experienced attorney who keeps up with the latest changes in DUI law.

 I fight for my clients in the courtroom!

You have 10 days to request a Formal Review if you have been arrested for DUI.

Call Lakeland DUI lawyer Thomas C. Grajek – 863-838-5549  cell

A DUI lawyer that is trying to win your case and get the charges dismissed will do a number things on your behalf.  The most important is to file Motions to Suppress in your case.  This is where an attorney requests that the court throw out evidence against you in your DUI case.  Each piece of evidence that is excluded, so that the prosecutor can not use it against you in court, strengthens your defense to the charge.  If enough evidence is thrown out, the case can be dismissed.  To be aggressive an attorney needs to investigate your case, the scene of the arrest, and breath test machine used in your case to determine whether the Intoxilyzer was working properly when you took the breath test.  Always ask the attorney you are considering to defend your case what motions they have filed, when, and how often.  Many attorneys do not file motions in DUI cases.

Yesterday, I argued a number of motions.  I was objecting to the stop of my client’s truck, whether the officer had the right to conduct a DUI investigation, and whether the officer had probable cause to arrest my client for DUI.  I also attacked the breath test machine and argued that the machine was not properly maintained and not functioning properly.  The breath test machine used in this particular case had numerous problems.  If the breath test is thrown out of court, it improves the DUI case tremendously.  After hours of testimony and grueling cross-examination of the officer and Agency Inspector for the Intoxilyzer by me, the court reserved ruling on the motions.  If we win the motions to suppress, the result could be a dismissal of the DUI charge.

If you are looking for someone to fight for you call an aggressive Polk County DUI lawyer.

Thomas C. Grajek – 863-838-5549 cell

I give my cell number out because you only have 10 days to request a Formal Review and only 3 days to request a booking video from the Polk County Jail.  Call NOW!

What exactly is jury selection or “voir dire”? “Voir dire” is the legal term for jury selection and is Latin which means “to tell the truth”.  Telling the truth is extremely important in jury selection.  Jury selection has also been called the ‘most important” part of a criminal jury trial.

Why is “jury selection” vital in a criminal trial?  Because this is where defense attorneys and prosecutors try and seat a panel of impartial jurors.  Jury selection is a science and an art that a defense attorney must be extremely skilled and adept at in order to get a person accused a fair trial and have a chance at being found Not Guilty.  A criminal lawyer must be able to get prospective jurors to open up and express their true feelings about issues being tried in a criminal case.  Everyone has their own experiences and biases that they bring to court.  It is up to the defense attorney to find out which jurors will be open to the defense to the criminal charge.  That is why it is vital that jurors tell the truth when being questioned during jury selection.  Without the truth about their biases, backgrounds, and experiences there is no way to tell if the juror is “fair and impartial”.  This is much more difficult than it sounds.  No one wants to admit that they may have prejudices or biases and an attorney must get that information out of them.  If the juror does admit that they may have a bias or a bad experience similar to the issue in the case, the juror often times wants to be seen as a good citizen who can put that bias or prejudice “out of their mind” and that they are a “fair” and bias free person.  But where are the going to put this bias?  It’s what makes them the person and juror they are.

Another danger in these types of high profile cases is jurors with hidden agendas.  Some citizens want to get on the jury for the fame and possibly to cash in after the trial.  A experienced criminal defense attorney who knows how to conduct jury selection will be very personable and know how to get people to open up and express their true feelings.

Jury selection is so important because if you do not have a sworn jury panel that is open to your defense, you can not and will not win your trial.  Unfortunately, people lose loved ones in tragic accidents, some of which involve alcohol.  If you are on trial for DUI and all the jurors deciding whether you were guilty or not guilty lost a loved one in a DUI or alcohol related accident, do you think you have a good chance of winning that trial?  Have you ever tried to get someone from one political party to switch and support the candidate in the other party?  Not a chance.  this is the same for jury selection.  If a juror is not open to a False Confession, self-defense, mis-identification, or whatever defense to the crime you have, you will be found guilty because the juror will never accept your defense.

That is why jury selection is key to the defense of your case!  You need a criminal defense attorney who knows how to pick a jury and studies the art of jury selection.  A criminal lawyer also must know the case law regarding jury selection and how to get the “bad” or biased juror off your panel.

If you have been charged with a crime,

call an experienced trial attorney that knows how to select a jury to defend you in court!

Thomas C. Grajek 863-688-4606

All felony and misdemeanor crimes defended.

If you are found guilty or plea guilty or “no contest” to the charge of DUI, you must complete DUI school in order to get a hardship license or reinstate your full driving privileges.  The majority of drivers who plea to a reduced charge of Reckless Driving with Alcohol as a Factor also have to complete DUI School as part of their sentence.

You may sign up for DUI School in the county you were arrested or the county you reside in if you live outside Polk County.  For those arrested for DUI that enroll in Polk, the DUI School is run by Tri-County Services.  Tri-County offers these services at the following locations:

• Lakeland – 5421 U.S. Highway 98, South, Highland City
• Winter Haven – 41 3rd Street S.W.
• Avon Park – 100 W. College Dr.
• Wauchula – 202 S. 9th Avenue

The fees are:

• Level I fee is $255.45 ($242.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).
• Level II fee is $377.50 ($377.50 + $5.95 cc fee + $7.00 convenience fee for online enrollment).

The majority of 1st time offenders will need to complete Level I DUI School.

In order to enroll, you will need the following documents:

• Readable Copy of the DUI Arrest Report/Probable Cause report – this can be obtained from the agency that arrested you or from your attorney. A crash report alone is not sufficient unless you were taken from the scene in an ambulance and received a DUI ticket later. If you were arrested by the Polk County Sheriff’s Office, please mention this when you call to set your appointment.
• Lifetime driving history. A Florida history can be obtained from any Florida Clerk of Court office (or the DUI office – $14.00) and must be obtained even if you have never had a Florida driver license (cannot be more than 30 days old when you come to complete registration). If you have held a license in another state, you may be asked to obtain a driving history from that state also.
• Court Order if you have completed the court process.
• Picture id.

Time is of the essence in a DUI case. 

You only have 10 days to request a Formal Review of the “Implied Consent” suspension of your license so call my cell now.

Aggressive Polk DUI attorney Thomas C. Grajek

863-838-5549 cell

Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.

Below is information and links that you need for your Polk DUI arrest.

I was asked to explain what happens in the criminal  court system.  This was a really great class of students.  We covered the entire process from arrest through an appeal of a criminal conviction.  Some of the topics we covered are:

• What if the police do not read me my rights?
• Do I have to talk to the police?
• Why should I talk to a criminal defense attorney before I talk to the police?
• I’m guilty, is there anything a criminal lawyer can do for me?
• Do I have to take the breath test?
• What happens if I refuse the breath test or field sobriety tests?
• Should I consent to the police searching me? my car? or my house?
• What happens after I am arrested?
• What must be done immediately after I have been arrested?
• What is a Pre-Trial Release program?
• What does the “intake division” do at the prosecutor’s office? How does having an aggressive attorney help a defendant?
• Will I go to jail? Prison?
• What is a “diversion program”?  How do diversion programs work?
• What is an Arraignment?
• Does a defendant have to go to all the court dates?
• What is a Motion to Suppress?
• How do I get my police reports? What is a “Demand for Discovery”?
• How are pleas in criminal cases negotiated?
• What is a “Motion to Suppress”?  What is the procedure to file a motion?
• Why is jury selection so important in my criminal jury trial?  Does  having an experienced lawyer matter?
• How do you cross-examine a witness or a police officer?
• How does a lawyer prepare and make a persuasive closing argument?
• What do DUI videos look like?  What other types of evidence is there in criminal cases?
• What is an appeal? How do appeals work?
• What is the jurisdiction of Florida courts and what types of cases does each court handle?

These are common questions that most people have after they have been arrested.  If you want answers to these questions call me and set your free consultation.

CALL AN AGGRESSIVE POLK LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU

 Thomas C. Grajek  863-688-4606

Aggressive DUI, DRUG and SEX CRIME attorney representing all individuals arrested in Florida and Polk County, Florida.  Office – Lakeland, FL.

On Friday, a man was found guilty of second degree murder in Polk County.  One piece of evidence was a tiny piece of DNA evidence on the shirt at the crime scene.  This shirt was around the neck of the strangled victim.  As a criminal defense attorney, you need to know how to determine if this DNA evidence  is reliable.

• Was it the defendant’s?  Was the testing done correctly?
• Is the lab that did the testing accredited?
• Was there contamination during DNA testing?
• Is the prosecutor’s DNA analyst competent to testify about these matters?
• Is there another explanation has how the DNA could have ended up at the scene (transfer DNA)?
• What expert is available to come to court to explain your defense to a jury?

If you are facing a serious criminal charge and your case involves DNA evidence, you need an Polk criminal lawyer that keeps up to date on the latest issues in DNA testing, science, and the law.  Criminal defense attorneys have to educate themselves in these matters that make the difference between winning and losing your criminal case.  Always ask the attorney you are thinking of retaining for your criminal case how often they attend legal seminars.  Ask when was the last seminar the attorney attended? What was the subject matter and what issues did the seminar cover?

You need to have an experienced attorney attorney that knows the law, the science, and how to try a criminal case fighting for you in court.

Thomas C. Grajek  863-688-4606

Aggressive criminal defense of all felony, misdemeanor, sexual battery and DUI cases in Polk County, Florida.

The seminar was conducted by Matthew Malhiot of Forensic Alcohol & Training. Mr. Malhiot is a former Department Inspector with the Florida Department of Law Enforcement Alcohol Testing Program. His duties including developing software for the breath test machine, procedures to insure the reliability of the Intoxilyzer, inspecting the breath test machine, and all aspects of Florida’s breath testing program. The topics covered in the DUI seminar included:

• A detailed look at the Intoxilyzer 8000 – Inside and out
• How does the breath test machine work – Infrared absorption and the science behind the breath test machine
• The menu options on the machine for the Breath Test Operator, Agency Inspector, and Department Inspector
• Instrument messages – why is the machine failing and making mistakes?
• Limitations of Forensic Breath Analysis and issues with breath alcohol testing
• The Agency and Department Inspections – the monthly and yearly inspections that must be performed to insure the breath test machine is accurate
• How to perform or give someone a breath test
• How to use FDLE’s Alcohol testing Program website to find the information DUI attorneys need to fight a DUI criminal charge

A DUI defense attorney has to schedule around court and pay to attend these seminars. However, it is vital for me to attend these seminars and network with DUI attorneys from across the state. It is important to know more about the breath test machine and DUI law than the prosecutors so that my clients get the best defense to their DUI case. No other DUI attorneys from Polk County attended this seminar. All attorneys in Florida are required to undergo at least 30 hours of continuing legal education every 3 years. I currently have 102.5 hours in less than a year because knowledge is so important when defending a DUI or criminal charge.

If you have been arrested for DUI, call a Polk County DUI defense lawyer that is ready and has the knowledge to fight for you in court!

Thomas C. Grajek 863-838-5549 cell

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

The legal limit has been lowered over the years. Initially, the DUI breath test limit was 0.15 in 1941. It was later reduced to 0.12, then 0.10, and now the 0.08 that is the law in Florida DUI cases. The 0.05 limit is used in Europe which is a much less car-centric society. As a DUI defense attorney, I rarely see cases where the driver has a breath test under 0.08. A person must be arrested for DUI before a breath test can be requested. The police do no “unarrest’ you if you blow under the legal limit and these DUI cases are still prosecuted in court. They are difficult DUI cases to prove obviously and many times are dismissed or reduced to lesser charges. Therefore, it is clear that this law would only affect social drinkers who are not a problem or hazard on the road. That’s why a driver is presumed to not be impaired by alcohol when they have such a low blood alcohol level.

DUI is a very serious crime and can have devastating outcomes when a person drives impaired and there is an accident. DUI Manslaughter or DUI causing Serious Bodily Injury can result in substantial prison terms. I do not think lowering the limit will dramatically cut down on alcohol impaired deaths. Even safety groups like Mothers Against Drunk Driving and AAA declined to endorse the NTSB’s call for a 0.05 threshold.

If you have been arrested for DUI, call and speak to an aggressive Polk County DUI defense attorney. Always make sure that the DUI lawyer you retain is actually located in Polk county and will go to court with you and not send an associate. Get someone working on your DUI case now because it can make a difference in the outcome of your criminal case!

DON’T HESITATE!!! CALL NOW!!!
PROTECT YOUR RIGHTS!!!

CALL THOMAS C. GRAJEK, POLK COUNTY DUI ATTORNEY

CALL NOW 863-838-5549 cell

Aggressive Polk DUI defense attorney handling all DUI arrests, DUI Manslaughter, and DUI with Serious Bodily Injury in Polk county, FL.

It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), but if they refuse to give a breath sample, the refusal can be classified as a criminal offense separate from the charge of driving under the influence. Under the Florida Criminal Statute 316.1939, the refusal is a first-degree misdemeanor, and can result in a stint in county jail, which may be up to a year. This does not just apply to failing to be breath-tested on request. It includes refusing any physical or chemical breath test, or urine or blood tests.

For refusing to be breath-tested to be a crime, in addition to the DUI, the person’s driver’s license must have already been suspended for refusing to take a breathalyzer, urine or blood test. Additionally, a police officer must have probable cause to believe a new DUI offense took place. The driver must be arrested and enlightened about Implied Consent, which is, in a nutshell, refusing once results in a suspended license for a year, and refusing twice garners a suspended license for a year and a half. The suspected drunk driver must be clearly informed that refusing any test for a second time is a misdemeanor. In short, you may be charged with two crimes: failing to blow and DUI.

It is vitally important to fight the suspension for refusing to take a breath test and this must be done within ten days. You need a Lakeland criminal defense lawyer to request a formal review of your case and arrest. The main reason for this is that there are more defenses than you may realize that can overturn a suspension, such as the Intoxilyzer 8000 was not properly calibrated, the officer not properly trained on its use, the equipment provided a false positive, and so forth. Once that is accomplished, you would not face jail time and will not be considered to have committed a crime for refusing to blow if you were ever arrested for DUI on another occasion.

Keep in mind that you must apply for a formal review hearing within ten days of your arrest. A Lakeland criminal defense attorney can do that on your behalf and help you get a hardship license to allow you to drive to work, provided you are eligible for the license. The formal review process is an excellent tool to help prepare your case for trial. No two DUI cases are alike, and each one reveals different details that may work in your favor. Never assume that you have no hope or no choices when charged with DUI and/or refusing to submit to a breath test.

As your attorney, I will fight the administrative suspension of your driver’s license. This hearing is called a Formal Review. I can help you get a hardship license so you can continue to drive to work if you are eligible. It is important that you have an experienced criminal defense lawyer represent you at the Formal Review. The Formal Review can be a valuable discovery tool to help prepare your case for court and for trial.
Each DUI case is different and unique based upon the individual facts of your case and thus your defense may be different than another individual’s case. Your options are fully explained to you when you discuss your situation with an experienced Lakeland criminal defense lawyer.

Thomas C .Grajek is a criminal defense lawyer in Tampa, Lakeland, and Polk County Florida. To contact a Polk County DUI lawyer or to learn more, visit http://www.flcrimedefense.com/ or call 863-688-4606.

“When you read about the facts of this case, you will be stunned by the behavior of the allegedly drunken driver, or perhaps you will not, if you understand that drinking and driving do ‘not’ mix,” remarked Austin personal injury attorney Bobby Lee, of Lee, Gober and Reyna in Austin, Texas. “A hit-and-run driver slammed into a car on the highway and fled the scene, only to collide head-on with another vehicle a short time later. The woman in that car died.”

The 32-year-old driver ended up in the hospital as a result of his injuries, and faces charges relating to the young woman’s death and the first accident. The police report indicated he was behind the wheel of a Jeep Cherokee that first careened into a car on the highway. Instead of stopping, he sped away. Three miles later, he rammed, head-on, into another car, a Saturn.

Eyewitness reports indicated the man crossed over the center line into the path of the Saturn, being driven by the young woman who died. The woman was alive when the first responders got to the scene, and taken to the hospital. She did not survive her injuries.

“As it turns out, the 32-year-old man is wanted in another state, and faces charges of homicide while driving drunk, speeding and failing to stay in marked lanes, and driving to endanger. This never should have happened, and but for the fact that the man seems to have been drunk, a young woman lost her life for no reason. It’s tough to tell a family that someone who values alcohol more than life caused the death of a loved one,” Lee said.

“If you have been involved in an accident with a drunken driver, call my office. You need to know what your rights are, how to file a lawsuit and what damages you may seek. I can help you,” stated Lee.

To learn more, visit http://www.rwleelaw.com.

The 23-year-old man behind the wheel of his 2011 Toyota RAV4 was under the influence of drugs when he slammed head-on into a man on a bicycle before ramming into five other vehicles parked on the street. Speeding appears to have played a role in this fatal accident, but a blood test proved the driver was also high on drugs in this hit-and-run accident. He was apprehended and charged with murder by motor vehicle and sentenced to 10 years in prison.

The shocking fact about this case is that this accident happened hours after the same driver caused a three vehicle pile-up on a local highway. The DUI driver was arrested and charged, but for some unknown reason was released hours later, without posting bail. Addicted to heroin, he went for another hit to stay high, a decision that cost an innocent man his life.

The victim was a father of nine kids. It goes without saying that the family was most likely in a serious emotional and financial crisis after the accident. They may wish to speak to a wrongful death attorney to learn their rights and how to file a wrongful death lawsuit. If they are in need of immediate cash to meet their ongoing financial obligations while waiting for a settlement or verdict, a perfect solution could be litigation funding.

While waiting for a case to go to court, the family must pay their monthly bills, which would be quite high with nine children. On top of those expenses are the mortgage payments, tuition, utilities and other bills. Litigation funding, also referred to as a lawsuit loan, would help this family get and stay out of debt.

Pre-settlement funding is given to a qualified plaintiff in advance of the resolution of their case. In order to apply for a lawsuit cash advance, the plaintiff must have legal counsel working for them. Once their application is filled out online or by phone, the case is assessed and funding is allocated fast, usually within 24 to 48 hours. Lawsuit funding may be the best solution in this case, but it may not be for everyone.

With a legal funding company, you are treated with respect and dignity, as the folks that deal with lawsuit cash advances understand how much you have already been through. Contact us today and see if our services are a good fit for your situation.

Daren Monroe writes for Litigation Funding Corp. To learn more about lawsuit funding and litigation funding, visit Litigationfundingcorp.com.

It’s pretty much a no-brainer that people should not be driving a lethal weapon while under the influence of drugs or alcohol. Nevertheless, they do it anyhow. In most states, and certainly in Georgia, it is a punishable offense, with the punishment hinging on the severity of the offense and the driver’s condition when charged.

If arrested for DUI in Georgia, you will face a court hearing and depending on the nature of any injuries or damages involved, you may face a fine, a jail term or both. Your driver’s license may also be suspended and you may be ordered to attend court-appointed counseling.

While there are cases where there is no harm done to another, you might not think it is any big deal, especially if everyone is OK. Don’t even think for one minute that it is OK, because even if no one is hurt, you may still be punished based on your blood alcohol content, your condition and your behavior when arrested. For this reason, do not – and this bears repeating, do not – talk to the police when you are arrested, or even before you are arrested.

Do not get into why you were out drinking and driving, what speed you were or were not doing, how you feel or anything else. Be quiet and call an Atlanta criminal defense lawyer as soon as you can. Anything you have to say can be said to the lawyer. Anything you say that isn’t said to your lawyer has a mean way of coming back to bite you later. Remain silent until you get counsel, otherwise you could mess up your case.

Georgia has an involved process for DUI charges that mean a hearing session, appearing before a judge, a preliminary hearing, a pre-trial conference and criminal proceedings. Those criminal proceedings may mean charges of DUI felony. There is no way you can choose to represent yourself through this legal maze, which is why you will need a skilled Atlanta criminal defense lawyer.

Do not opt out of hiring legal counsel because you want to save money, because by the time you are done in the court process, without counsel, you will be paying out a large sum of money. Better you have the DUI criminal defense lawyer in your corner, who may be able to reduce charges or mitigate the whole case and get it tossed out. An experienced DUI lawyer is worth his weight in gold.

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.

Driving while under the influence is, unfortunately, more common that we would like it to be. For some reason, people who drink and drive think they are immortal. They also think nothing will happen to them and that it is safe to drive. It is not safe to drive and the statistics show a high number of deaths related to those who drink and drive – killing themselves and killing others.

DUI in Georgia is no picnic. Usually, the repercussions are losing your drivers certificate and driving privileges. Yes, you can certainly ask for a new one, but you will need a good DUI Atlanta criminal defense lawyer to get this done. He or she will be able to help you through the administrative driver’s license postponement process. Unfortunately, that also means you will be cited in one of two ways: with a per se violation or a less safe driver violation.

For the less safe driver violation, you are dealing with the police officer’s judgment at the time of your apprehension. In other words, there isn’t any scientific verification of the officer’s assessment that you were DUI. Their notes may show your speech was slurred, you reeked of booze, couldn’t walk a straight line, etc.

On the other hand, the per se violation is a proven fact; the fact that your blood alcohol content was over the official limit. What is the permissible limit in Georgia? In drivers over the age of 21, it’s .08 percent. Those over that limit face a variety of penalties such as 24 hours to 12 months in jail for a first offense. There may also be fines involved ranging from $600 to $1,000 and you may find yourself serving, at the very least, 40 hours of public service. There are a variety of other penalties, all of which need to be discussed with your Atlanta criminal defense lawyer in order to get the best possible outcome for your case.

Most criminal defense lawyers will tell you right upfront not to talk to the police and to say nothing until you make contact with a lawyer. The only person who needs to hear the whole story about what you were doing drinking and driving is the lawyer.

The main reason for this is that if you voluntarily start talking about why you were out drinking and what you were doing, this information will wind up in court later. If you do say things you were better off not saying, you significantly hamper your lawyer’s ability to help you mitigate the charges or get them thrown out. Also, it is best to remember that if you choose to continue to drink and drive and rack up charge after charge, the penalties get increasingly stiffer. Ultimately, you could have an ignition interlock device on every vehicle you own.

Think twice about drinking and driving in Georgia for two reasons; if you’re caught, your record will dog you for years to come and drinking and driving kills. Do you really want to become another DUI statistic?

Robert Webb is an Atlanta personal injury lawyer with Webb & D’Orazio, a law firm specializing in Atlanta personal injury, malpractice, criminal defense, and business law. Learn more at Webbdorazio.com.