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

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

•  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

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

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

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

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

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!

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.

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

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!

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!

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! 

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/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!

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.

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.