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

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

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

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

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!

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