Not withstanding your excellent proffer, your PD is the only lawyer ion the planet who is intimate and familiar enough with the facts and circumstances of your case to give you competent advise as to whether or not it is in your interests to take a plea or go to trial.
That said a no jail plea on a 3rd DUI is not something to be taken lightly. Even though double refusal cases are tough for the State, unless you are 100% confident in your ability to successfully defend your case then you should not look that gift horse in the mouth, because you are being flanked by 364 days in jail.
Again, your lawyer knows your facts and circumstances (including your judge and prosecutor) and is in the best position to advise you.
I'm sorry that I can't give you the thumbs up or down, and, unfortunately, I don't suspect that any of my colleagues will either.
I hope this has been helpful nonetheless and wish you good luck.
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These are issues you simply must discuss with your attorney. If you don't like him, then hire a private attorney, but no Avvo lawyer knows your case as well as those who are looking at your case file and all its associated evidence.
I only practice in the areas of personal injury, federal civil rights, and criminal law. I will not answer inquiries about legal representation in other areas of law, so please do not call me about matters outside my areas of practice. Furthermore, my answers on Avvo do not create an attorney-client relationship. Avvo is not designed for the type of legal analysis I personally require to accept a case. You should always seek a consultation with a licensed attorney who practices in the specific area of law who can fully review the facts of your case..
The only way you will find out if you have a case is to retain a lawyer to investigate the issues you mentioned and others. If you have diabetes you may have a good reason (not related to alcohol related) but you will need to retain a toxicologist who can look at the evidence and see if they can help you. Additionally, you did not blow or do FST which can be beneficial to you in certain circumstances. You have lots of issues and the only way you can leverage the best deal is to retain competent dui counsel to help you. good luck!
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All of my colleagues are correct. We simply do not have sufficient information on your case to give you advice. Additionally, you should be consulting with your attorney. If you do not like your attorney, you will have hire another one. The fact is that most of these cases are complicated and require good representation. Good Luck!
At the outset, it sounds like you have a strong defense. No roadside tests, no breath test and a medical condition to boot. However, you have a public defender attorney, who is in the best position to judge whether there are other factors that mitigate against your going to trial and is familiar with how his or her judge rules.
A third DUI accusation in Florida, despite the number of years since your prior conviction, generally brings a jail time offer with it and can trigger up to a year in jail. You are being offered a no jail plea with a 1 year suspension. There is no hardship license on a 1 year revocation for DUI, if you have a prior conviction. So think about it, and if you want to fight it at trial, speak to your lawyer about your reasoning. If you are not in agreement with your PD, then hire a DUI criminal defense attorney and prepare for trial. You might still get the case dismissed prior to trial by motions or other reasons which may affect the state's ability to prove up your case. Good Luck with your decision and final outcome.
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature.
It looks like you have some defenses in your case. However, you will have to talk to an attorney about the facts of your case so they can give you competent legal advice. The State has to prove that you were under the influence of alcohol, not medication or a sugar rush. Contact a local attorney and they will help you. If this is your 3rd DUI, the consequences can be severe, including a 10 year DL suspension.
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