I was pulled over leaving a friend's house and according to the officer, there was an off-duty police officer behind me who noticed I was swerving. He drove me to another location and conducted a field sobriety test. He would not allow me to call anyone during the traffic stop, as I work in a law office and would've liked to consult counsel. He said I failed the test and arrested me. I don't believe he read me my Miranda rights, there was so much stuff going on. I was taken to jail and thought I would be able to pass a breathalyzer. I blew a .124. At first appearance, I got a decent agreement, but would prefer to speak with counsel. Since this is my first charge, is there anything I can do to not end up with something smaller? Have a bright future ahead of me and don't want this to stop it
The hiring of an attorney to help you through this will give you the best chance to get the DUI dropped or lessened. You are doing the right thing by aggressively acting on this immediately after your arrest.
On a side note... The fact that you blew a .124 will cause your license to be administratively suspended which is completely separate from your court case. A blow of over .08 results in a 6 month suspension with 1 month of "hard time" where you cannot drive at all. The other 5 months you can request a hardship license (once you enroll in DUI school) which will allow you to drive for business purposes. This administrative suspension can be challenged by requesting a Formal Review but this must be done within 10 days of your arrest.
Retain a skilled attorney in the Jacksonville area as soon as possible and best of luck to you.
The best thing you can do is hire an experienced aggressive criminal defense attorney to immediately begin fighting your case. There are things lawyers can do to help in retained early, but it is unlikely that there is anything you can do on your own to help your cause. Hire a lawyer.
John S. Riordan, Esq.
West Palm Beach, FL
Everyone is correct - hiring experienced counsel is your best bet for a better outcome than what was offered at first appearance. An attorney needs to examine all the facts of the stop and the investigation to see if there are grounds to challenge the arrest. In fact, DUI cases are so fact specific that if you do not allow an experienced attorney a chance to take a good look at your case you really will never know how it may have turned out if only.....
DUI is a big deal. The costs of taking a plea deal are large and long lasting. The cost of a good attorney is a bargain in comparison if you can get a reduced charge or at least know in your heart that your disposition was the right thing to do, whatever it turns out to be.
Consult with some attorneys and hire one that you feel good about and with whom you can communicate. Good luck.
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