Legal Question in DUI Law in Florida

Disabled And DUI
I met a good friend for dinner, I recently moved back to this area after being gone for 6 years.
On the way home I was pulled over after making a legal u-turn, the officer stated my right tire struck the white line twice and then I pulled into a service road with out signaling. I told the officer I thought I had missed my turn.

There are a lot of inaccuracies in the report filed:

The cop reported I had taken my pain medication at 5 pm that day, I took it at 9am.
The cop also stated I was taking Valium. I do not take it and am not prescribed it.
The cop also reported me failing the road side tests.

If I could walk normal I would not have a cane and disabled parking placard. To put it in a nutshell I feel the officer used my disabilities against me to make it sound as if I was more intoxicated then I was. The officer states due to my poor performance that my faculties were impaired.

A hour and 13 minutes passed before I was given the BAC test.
The test was given 3 times at the station, they reported .133 and .131 Before the test there were 4 people around the machine, they printed something out then administed the tests (seems something was wrong with the machine).

Any chance or do I plead guilty?

Asked on 8/12/07, 1:59 pm

4 Answers from Attorneys

Thomas Rosenblum Rosenblum Law Offices

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Re: Disabled And DUI

Hello:

I saw that you rec'd some answers already, but thought I could add some more specifics and inform you I'm in North Fla. if you need assistance in some county up here.

Let me first say I always tell people not to plead to a DUI without demanding the State provide you the officer's reports, which they have to do if asked. I have several war stories whereby I read info. from the reports that weakened the State's case so that the State offered us a plea to reckless driving or that allowed me and my client to win at jury trial.

If you have not been in the system before, you need to know the procedures. You enter a plea of not guilty and ask the court to pass the case for a pretrial. Each judge has his/her own amounts of time they will pass the case for. We usually come back and ask that it be passed again. After a few passes, unless we have good reason to pass it more, the court will pass it for a jury trial a few weeks away.

'Hope this helps. Good luck. Tom Rosenblum

Answered on 8/13/07, 12:02 pm

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Scott Cupp Law Office of Scott H. Cupp, LLC

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Re: Disabled And DUI

You should consider retaining counsel and mounting a vigorous defense. What county?

Many times there is a dash-mounted camera that captures the events at roadside on film.

Scott H. Cupp

Law Office of Scott H. Cupp, LLC

400 Executive Center Drive, Suite 210

West Palm Beach, FL 33401

"HANDLING CRIMINAL CASES ACROSS FLORIDA FOR OVER 20 YEARS"

Answered on 8/12/07, 2:14 pm

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Raul Ruiz The Law Offices of Raul Ruiz, P.A.

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Re: Disabled And DUI

You certainly should not be pleading guilty to this offense at this point. It seems there is a lot that requires investigation. A DUI is a very serious offense and should be treated as such. From your statements, it appears as though you should hire an attorney.

Answered on 8/12/07, 6:05 pm

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