Legal Question in DUI Law in Florida

DUI's based on presence of drugs in the system are difficult to prove unless the driver admitted to using the drug during at a time near the driving. If he really has never done cocaine, that needs to be looking into since it is possible law enforcement messed up his sample (this happens but it is not common) . He needs to make sure he is working with his public defender, or if not at least contact some local attorneys for consultations. It is just to hard to say what all his options are in this forum without having seen a copy of the discovery. Best case scenario is that the case is actually subject to a form of legal dismissal, the worst case is a DUI conviction which carries quite a few minimum penalties.

Hello...I'll add to previous answer. Through discovery (investigating State's evidence), he'll be able to have the urine test/blood test results examined. There are many other items of evidence to review such as: driving pattern, field tests, officer's observations (which are written on form with categories for breath, speech, eye color, attitude, etc.).

As for the case procedures...if the 15th is arraignment, he should plead not guilty and ask for a pass date for a few weeks. He can keep getting the case passed by telling the judge they are still working on the case or negotiating with the State. At some point, either he enters a plea to the minimums or the State reduces then case to reckless driving (which we always want...way better than a DUI). If neither side is budging, the court will set the case for a trial...which often aids in disposing of case by plea bargain.

If my office can be of any assistance, pls. give us a call. I have been in solo practice for more than 20 yrs & handled hundreds of DUI's. If you desire, you can give me his name and I can look up the case on Clerk's website...which will have the narrative in A&B and possibly the other officer reports.

Good luck. Tom Rosenblum