Many people arrested for DUI or any crime for that matter, often ask “Do I have a good case?” They want to know if they can get their case dismissed or get a great plea bargain so that they plea to a lesser crime, do not go to jail or prison, or end up on probation. So, what makes a good case? It depends on the legal and factual issues in each individual's case.
The better your facts are, such as blowing under the legal limit of 0.08, the better case you have and the better chance you have of winning at trial. The more legal issues you have that can result in motions to suppress or exclude evidence the prosecutor can use against you in court or at trial, the better your case will be also. I have many people call me for a consultation or advice and many DUI attorneys that are not in Polk County will tell them “I win DUI cases all the time! Just look at my results!” However, that does not mean that DUI lawyer will win your case. Or that his results are from Polk County DUI cases! Each case is different and you need honest answers from an attorney who has experience with the type of charge you are facing and the judge that will be handling your case. A blanket “We win these DUI cases everyday!” does not tell you much about your case.
In this case, I challenged the stop of my client’s vehicle and questioned why the police were conducting a DUI investigation when the video did not show any signs of impairment by my client. He was walking fine, talking fine, and performing well on the field sobriety exercises. I also challenged the breath test result of 0.188 and 0.187 on the Intoxilyzer breath test machine due to the DUI officer giving my client the wrong information on the law. Once an officer decides to give information about the law, that information must be correct. Otherwise, it will coerce a person suspected of DUI into taking a breath test they otherwise would have refused. The motions to suppress the stop, the grounds to conduct a DUI investigation, and whether there was probable cause to arrest my client were denied. However, I was able to get the breath test result thrown out of court which dramatically affected and made my client’s case better.
That is why when you are thinking of retaining a lawyer for your Polk County DUI case, you need to hire an attorney that has experience and knows the DUI laws. It can make a tremendous difference in the outcome of your case. You also want a lawyer that will go to court with you and not send his associate. Knowing what questions to ask the officer, what not to ask, and how to phrase the questions are extremely important to the outcome of your case and trial. Ask the lawyer you are talking to on the phone “Will you be in court with me?” Many out of county attorneys advertising in Polk County will send their associate. Retain me and I will be by your side fighting in court for you!
You only have 10 days to request a Formal Review of the "Implied Consent” suspension of your license so call now!
Aggressive Polk DUI attorney Thomas C. Grajek
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.
Polk County Case 2012-CT-007583-LD Lakeland, FL, Breath Test results suppressed December 2012.