No. Unfortunately courts have held that the BAC is not testimonial and doesn't require Miranda, as driving is considered a privilege, rather than a right.
Tampa area law enforcement's basic ideology is to just arrest someone for a DUI as long as there's some scintlila of probable cause. But just because an officer subjectively thinks that probable cause exists, it doesn't mean it actually objectively exists. For instance, often times the officer alleges that he smelled an "odor of acohol on...
Yes, but you do have a right to try to invalidate the suspension within 10 days. If you choose to do so, you will be issued a temp hardship permit allowing you to drive until the date of your hearing. Your other option is to take advantage of a new law. Florida law has recently changed and also will allow you to try to get a hardship immediately and avoid the hard suspension entirely., but you'd have to waive your right to appeal your suspension entirely.
I disagree with my colleagues. I recently had a similar issue arise in Hillsborough County and ended up getting the charge dismissed on a speedy trial grounds for my client. The fact that they formally filed the charge just before expiration of speedy is somewhat important, but if you were given a citation that night, then speedy began to tick from that moment forward. Time is of the essence however and you must promptly retain an attorney to file a motion on your behalf.
Depends on a lot of factors. His best bet is to find someone who knows how to get the DUI dismissed outright while working on mitigating and resolving the technical VOP in front of Judge Perry. I've handled too many of these to count and they all have different and unique distinguishing factors. I'd like to know more about yours. Feel free to call or email our office.
That is crazy. Are you sure there's no urine test showing any drugs in your system? The Pinellas County State Attorney's office is incredibly stubborn when it comes to dismissing cases, but a .0 blow without a dirty urine is really below the belt. Hire a private defense attorney. Don't plea if you don't want to.
Orange county has their own unique DUI deferment program. I would call and ask the clerk. What you could be referring to is that peoples's mugshots still show up online even after they get their record expunged. This is a different story. These websites are operated by shady offshore businesses who use web scrapers to data mine publicly available information. They are difficult to stop, but you do have some options.