Legal Question in DUI Law in Florida

Gainesville Florida underage D.U.I

i was pulled over for speeding (36 in a 20) i just left a party where i had been drinking. i noticed the cop was behind me, but without his lights on. so i pulled into a parking lot and turned off my truck. he pulled in behind me and turned his lights on. so he smelled the alcohol on my breath. and i told him i was drinking. they did the field sobriety test etc. they took me to central booking and i blew a .197 . i am 18. those are the details. the cop had my cell phone next to the brethalyzer and his phone. it clearly said NO CELL PHONES on the machine. the cop also wrote on my tickets that i drive a chevy tahoe, when i drive a gmc yukon. will these be helpful in my case?? and what will be the likely punishments if i decide not to fight it?? i was very cooperative with the cops


Asked on 10/21/08, 12:40 am

1 Answer from Attorneys
Brent Rose The Orsini & Rose Law Firm

Re: Gainesville Florida underage D.U.I

There is considerable evidence that talking on a cell phone near a breathalyzer can cause errors in a test, but that's why they do two tests. If there is a problem, the tests should not be within .02 of each other. Still, it's soemthing to work with, it's just not much. The error on the make and model of your truck probably won't help at all.

If you decide to plead, you'll probably get a year's probation, some community service, a stiff fine, a license suspension, and some other minor conditions of probation.

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Answered on 10/21/08, 10:18 pm


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