1 YEAR SUSPENSION FOR REFUSING TO TAKE A BREATH TEST SET ASIDE!
6 MONTH SUSPENSION FOR BREATH TEST OVER THE 0.08 LEGAL LIMIT SET ASIDE!
1 YEAR REVOCATION OF CDL LICENSE FOR REFUSING THE BREATH TEST INVALIDATED!
3 ACCUSED DUI DRIVERS GET THEIR LICENSES BACK
My client was pulled over by an officer of the Lake Hamilton Police Department. The police officer allegedly saw driving pattern that indicated impairment. Field Sobriety Exercises (FSE's) were conducted. After the driver was arrested for DUI, my client allegedly took the breath test and supposedly blew more than twice the legal limit. Because my client retained me quickly enough, I was able to gather the evidence and the video to prove that the officer’s allegations were false. The result was the 6 month license suspension for a breath test result over 0.08 was set aside and the accused DUI driver’s license was reinstated with his full driving privileges. This also keeps a mark off his license for having an illegal breath test result.
Lake Hamilton, Polk County DUI citation 6377-XXX, suspension invalidated January 7, 2013.
The second case that day was for refusing to submit to a breath test after my client’s arrest for DUI by the Lakeland Police Department. The driver was allegedly in an accident and showed the standard signs of impairment. These signs of impairment are usually slurred speech, glassy bloodshot eyes, stumbling while walking, and swaying while standing. There was no odor of alcohol. So why are the police conducting a DUI investigation? Because the driver possessed a Commercial Driver’s license (CDL), the refusal to take a breath test would result in a one year suspension of his CDL or a permanent revocation of the CDL if this was the second breath test refusal after a lawful arrest. I was able to get the suspension overturned and not only save his regular driving privileges, but also his CDL.
Lakeland Police Department, Polk County, Florida DUI citation 2988-XXX, suspension invalidated January 7, 2013.
The 3rd DUI administrative suspension I won that day was for refusing the breath test. This was a Polk County Sheriff Office DUI case. That means there is no video of the driving pattern or field sobriety tests because the Polk County Sheriff does not videotape and capture this valuable evidence. By issuing a subpoena for the arresting deputies' appearance at the Formal Review, I can get the Polk deputies’ testimony under oath to use at a future motion to suppress or motion to dismiss to try and win my client’s case in criminal court at a later date. I was able to win this Formal Review hearing and overturn the one year suspension for refusing the breath test on the Intoxilyzer 8000 and keep my client driving for work or any other reason.
Polk County Sheriff DUI citation 9528-XXX, suspension invalidated January 7, 2013.
Formal Review hearings are not easy to win. I had a 4th DUI hearing that day, but the one year suspension for refusing a breath test was upheld. However, because this was a felony DUI case, I was able to bring the Lakeland Police Department officer who pulled the driver over and the DUI officer that performed the field sobriety exercises with the suspected impaired driver to the hearing and have them testify under oath. This allowed me to discover a number of legal issues in the case that will allow me to argue these issues in the accused DUI driver’s defense at trial and pre-trial motions.
Lakeland Police Department, Polk County, Florida DUI citation 4522-XXX, suspension upheld January 7, 2013.
I recently had a DUI driver who retained an “experienced and aggressive” DUI attorney who does not have an office in Polk County, Florida. This citizen was arrested by the Polk County Sheriff’s Office which means there is no video. The client learned that his DUI attorney did not subpoena any witnesses for the Formal Review hearing. No arguments or objections were made! So what was done? Nothing!!! In this type of situation, you have nothing to lose by issuing a subpoena for the arresting deputies so you can get thier testimony about the DUI arrest under oath. This is an invaluable tool that has helped me win numerous DUI cases in court. You need an experienced attorney who knows the issues at a Formal Review and what to look for to save your license. Sometimes, there is just no way to win, but that does not mean the DUI hearing can not be used to your advantage.
Call me, Thomas C. Grajek, an experienced and aggressive DUI attorney who is not afraid to work on your case and give you the best defense to your DUI charge.
DON'T HESITATE!!! CALL NOW!!! YOU ONLY HAVE 10 DAYS FROM YOUR DUI ARREST TO REQUEST A FORMAL REVIEW!
THOMAS GRAJEK, POLK COUNTY DUI ATTORNEY
PROTECT YOUR RIGHTS!!!
CALL AN AGGRESSIVE DUI LAWYER THAT IS NOT AFRAID TO STAND UP IN COURT AND FIGHT FOR YOU
CALL NOW 863-688-4606
Aggressive DUI attorney handling all DUI arrests in Florida and Polk County, Florida including Bartow, Lakeland, Winter Haven, Mulberry, Haines City, Auburndale, and Lake Wales.