Legal Question in DUI Law in Florida

I was arrested for DUI, my second, parked in my driveway at home. The police did not see me driving, and I had NOT been driving. I was in my vehicle, listening to music and the keys were in the ignition. My fiancee's daughter had called the police for unknown reasons. I refused breathalyzer, retained attorney, and on my court date the prosecution had not submitted discovery info to my attorney and the arresting officer was not present. My attorney did not ask for dismissal and the judge continued my case. Was my attorney negligent? He has received a plea offer I am considering, but asked him to negotiate and he said there would be no beneficial response from prosecution. Is this right? Again, is my attorney negligent. Florida case. Please respond to Johnyork58@ yahoo.com. Thank you for your consideration


Asked on 8/07/11, 10:17 pm

1 Answer from Attorneys
Amir Ladan The Ladan Law Firm, P.A.

Mr. York,

A DUI is not like a civil citation, wherein the officer is summoned to court for a hearing and you win by default if they don't show. If the officer failed to appear for a Motion to Suppress, or worse yet for your trial, then there might be something to discuss regarding your lawyer's conduct. Otherwise, I suggest you trust the lawyer you retained to know how to handle these matters. If a question arises, ask him to explain things to you. That's why he gets paid the big bucks. Speaking of questions, I suggest you speak to your lawyer about Florida's DUI law and what it says about being in "actual physical control." Sitting in the driver's seat with the keys in the ignition is legally sufficient to proceed on a DUI charge. It may not be enough to convict you, but that's something that you and your lawyer ought to have discussed.

Best of luck to you.

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Answered on 8/08/11, 8:36 am


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