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Posted over 2 years ago.

Thank you Eric, I thought the police officer said that this wouldn't be considered as a DUI. And I also thought this is not a criminal case since it is an administrative suspension. Is there any way of getting some kind of permit to drive for those 30 days? It is not an option for me not to drive. If I was in the driver's seat and unfortunately had the car in reverse and the police officer took a note of that do I have any chance of winning the case? And how much would it cost if I hired an attorney for this?

Eric J Trabin
Eric J Trabin, Criminal Defense Attorney - Maitland, FL
Posted over 2 years ago.

If you were administered a breath test then you clearly were arrested. I dont know why the officer would go through the trouble of bringing you to the breath test center and test you if there would be no criminal charges. Almost definitely is there a criminal case and you will want a lawyer prior to court. Unfortunately there is no exception to the hard suspension. The only way around the suspension is if you or your lawyer convinces the DHSMV at the administrative hearing that there was no probable cause of you operating the vehicle while impaired.

The DUI is both a criminal and an administrative matter. Also unfortunately, the car going in reverse is not a defense. The crime is operating a motor vehicle and people have been found guilty when the car was in park. There maybe questions why the officer stopped you in the first place or to challenge the veracity of the great test. So you definitely need a lawyer. Every lawyer is different and will have different fees.

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Asker
Posted over 2 years ago.

Ok, I did not get taken to a breath test center though. The police officer had another police officer bring a breath test to use it there on the spot. He gave me the yellow paper citation and had a friend of mine pick me up. i did not get handcuffed or taken to jail.