Legal Question in DUI Law in Florida

Dui

While being stopped, an officer

suspected i may have drugs in the

car.. He told me to step out of the

vehicle. When he did, i locked my

door. He proceeded by getting the

--name removed--9, the dog

alerted them,

although there were no drugs in

the car.. They patted me down

multiple times and even asked me

to take off my shoes.. Nothing was

found.

He asked if i took any drugs, i told

him i smoked with my girlfriend

after work, which was about 6

hours before..

He then asked me to take a

sobriety test, which for some

reason he says i failed. I was not

under the influence, but did take

medicine because i was sick.

(Tylenol PM, because i had no

regular tylenol)

He then asked me to take a

breathalyzer / urinalysis, I refused

the urina. (knowing that marijuana

stays in your system for at least 2

weeks)

While sitting in the back of the cop

car, i found a bag of weed on the

floor at my feet, when the officer

opened my door to ask me a

question, i kicked it out telling him

it was not mine.

He then told me (and the police

report) that he checks his car after

each arrest.

I asked who was in his car before

me and was told someone charged

with trespassing.


Asked on 4/19/09, 8:20 am

1 Answer from Attorneys

Andrew Moler Law Offices of Andrew C. Moler, P.A.

Re: Dui

Thanks for the question. You have a complicated situation involving several issues. First of all, you should not have disclosed that you smoked a few hours previously. This may be able to be used against you at trial if the officer states that you either under arrest at the time of your statement or if he states that he mirandized you before the statement (whether he did or not). The refusal will be an automatic suspension of your license and is also now an additional misdemeanor in Florida. The bag of weed is another issue because of the numerous pat downs before placing you in the car. You need an experienced attorney to handle you case. You may call my office is you wish assistance. I am located in Orlando. Hope this helps.

Regards.

ACM

Read more
Answered on 4/19/09, 11:44 am


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