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December 2013 Archives

Warrantless Search

Many searches today are warrantless searches. Other than "the officer did not read me my rights" the search without a warrant is probably the biggest complaint amongst my criminal defense and drug clients. Not all warrantless searches are invalid and there are several exceptions to the warrant requirement.

Jurisdiction to Suspend a Driver's License for Refusal to Submit in a DUI

The Department of Highway Safety and Motor Vehicles ("DHSMV") has jursidcition to suspend licenses for refusal to submit a breath sample, however their jurisdiction must be properly obtained.  A person who is arrested for suspicion of Driving Under the Influence of drugs or alcohol ("DUI") in Florida will be asked to provide a sample of their breath by blowing into an Intoxilyzer 8000. If you refuse to blow, then your license will be suspended but you can challenge the suspension at an administrative hearing at the Department of Highway Safety and Motor Vehicles ("DHSMV"). There are several challenges that can be raised at a DMV hearing.

Traffic Ticket Lawyer

There is a large set of the population that has no idea what I do as a lawyer handling traffic tickets. I view it as very much the same as what I do as a criminal defense lawyer. I ensure that the government is held to their burden and that it can prove the case while actually following the constitution, the law and the rules. It is not about whether the government has sufficient evidence to prove the violation; it is about whether the government can actually admit such evidence into court while following the constitution and laws.

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