Do I Have a Defense?
One of the first questions we are often asked is “Do I have a defense? In most instances the answer is YES
From the minute a police officer stops, comes in to contact with or detains you for any reason, they need to have a lawful basis for doing so. Furthermore, there are specific procedures that must be followed in most instances; if the officer fails to follow the necessary steps or cannot articulate a legal basis to do what they did, we may be able to use that information to have your entire case thrown out of Court and DISMISSED without any penalty whatsoever! As a result of our partners’ respective training, education and experience, we have learned how to evaluate a case and dismantle it.
What many people perceive as “technicalities” or “loopholes” often provide the most effective and efficient way to win your case. As lawyers, it is our job to utilize all aspects of law in our zealous representation of you. A great deal of our practice is dedicated to that art if winning DUIs and other criminal cases by continually revising older techniques and developing new ones to show the Court that certain evidence cannot be used against you at the time of trial or to show the jury that the State’s evidence is insufficient to support a guilty verdict. We have won some of the most difficult cases when our clients performed horribly on the road side exercises with extremely high breath readings on our pretrial efforts without ever having to subject our client’s to the risk of trial.
No matter how good your lawyer is, there is no such thing as a “sure thing” when it comes to trials and juries. Therefore, it is essential to make sure you hire the best lawyer for you and your particular case. When speaking with lawyers about representing you in DUI or any other criminal matters, do not be embarrassed to ask what their experience and qualifications are as their ability (or lack thereof) may impact the rest of your life. There are many great lawyers that have been very successful in other areas; unfortunately that success does not necessarily apply to the area of DUI and Criminal Defense. Just spotting the issues is not enough…in our opinion, a great criminal and/or DUI lawyer not only knows how to spot the issues but more importantly how to package them when arguing before a Court or Jury.
When we cannot win your case on pretrial motions, we are always ready, able and appropriately trained and skilled to go to trial to fight for you!
The following are a list of questions that are important in evaluating your case. If you answer yes to any of them, you should call us immediately as there may be facts and/or circumstances in your case that can help us win for you.
- Did you refuse to give a breath, blood or urine test?
- Do you make a good presentation on video (many DUI investigations/arrests are video taped in
- Were you involved in an auto accident that led to your arrest?
- Do you suffer from any knee, ankle, back, orthopedic or other physical injury?
- Do you have any illness, medial conditions such as vertigo, diabetes, any other blood sugar
issues or something else that can impair you in anyway?
- Do you wear removable dentures?
- Did you burp, vomit or regurgitate at or near the time you gave your breath test?
- Was someone watching you continuously for the twenty minutes before you took the breath test?
- Did you take any medication, prescription or otherwise, on the day of the arrest?
- Did the Police Officer read you your rights (Miranda Warnings)?
- Did the Police Officer order/require you to do the DUI/roadside exercises?
- Where there headlights or flashing lights, whether from the police car or otherwise, on while
the officer investigated the DUI including having you do the roadside exercises?
- When giving a breath test, where you told to “keep blowing” for a prolonged period o time
- Were you driving impaired by drugs and didn’t make any admissions or provide a urine sample?
- Where you parked in your car sleeping/resting when the police officer approached you?
- Had you gone a long time since you last slept prior to your arrest?
- Do you believe the officer mistook exhaustion or nervousness for impairment?
- Where you on private property when you were stopped and/or arrested?
- Where you stopped for “weaving” or “failing to maintain a single lane” without there being any
other cars on the roadway near you?
- Where you told that your license would be automatically suspended if you refused a breath,
blood or urine test?
- Did you see anyone using a cell phone or police radio in the room where the Intoxilyzer
(the breath machine) was?
The above list is just some of the issues we look for and diligently address when defending our clients that are charged with DUI. Just because you did not answer yes to any of the examples above, you still may have a defendable case; call us to find out what we can do for you. For example, if you were stopped at a check point or road block, the stop itself may have been unlawful. As you can see, the possible issues are endless but make sure you hire a lawyer that knows what they are and how to use them.
IF YOU ANSWERED YES TO ANY OF THE QUESTIONS ABOVE WE MAY BE ABLE TO WIN YOUR CASE. CALL US RIGHT AWAY, 24 HOURS A DAY, 7 DAYS A WEEK FOR A FREE CONSULTATION ABOUT THE SERIOUS CHARGES YOU ARE FACING.
CALL US ANYTIME FOR A FREE CONSULTATION at 954-523-2020
Act quickly to obtain your criminal defense
Contact our Fort Lauderdale criminal defense law firm, Leader & Leader, PA, at 954-523-2020.