DUI Attorney Orlando

DUI Attorney Orlando

 DUI Attorney Orlando – Probable cause is the legal standard in which a police officer is authorized to make an arrest. They may conduct a personal or property search, or obtain a warrant for arrest. Probable cause requires evidence that would lead a reasonable person to believe that a person has committed a crime. For example, if a police officer walks past a car and smells marijuana, he can detain the driver for further investigation and search the vehicle for the contraband.

Have you or a loved one has been charged with a crime in the Orlando area? If so, contact our Orlando DUI attorneys to schedule a consultation regarding the case. Read on to learn more about challenging probable cause in Orlando DUI cases.

DUI Attorney Orlando

Traffic Violation Probable Cause Challenge
A police officer must have probable cause to investigate a driver for operating a motor vehicle.Even if allegedly under the influence of alcohol or a controlled substance. A police officer will monitor a driver’s actions while operating a motor vehicle. If the driver runs a red light or a stop sign, or violates a traffic ordinance, then the police officer will have reasonable suspicion to pull her or him over.

Upon approaching the vehicle, if the officer smells the presence of alcohol on the driver, or observes signs of impairment, he will then have probable cause to request the driver to perform a series of field sobriety tests. If the driver fails the test, he or she will be charged with drunk driving.

Our Orlando DUI Team, has helped several drivers challenge probable cause stemming from traffic violations that incidentally lead to an arrest. For example, if a police officer randomly pulls you over, the evidence obtained during the field sobriety tests could be challenged for exclusionary purposes. In addition, if you did not appear intoxicated, but the officer insisted on you taking field sobriety tests, you may be able to challenge the validity of the evidence obtained during the tests.

DUI Attorney Orlando

DUI Checkpoint/Roadside Probable Cause Challenge
During roadside sobriety tests, police officers look for visible signs of impairment. Like any regular DUI investigation, the police officer must have probable cause to conduct one. At a DUI checkpoint, the police must adhere to its operational guidelines while conducting inspections. This means that if the police deter from standing procedures, and it resulted in your arrest — which would not have occurred otherwise — the evidence asserted against you may be excluded. For example, if the police guidelines state that every 5th car is to be inspected, but the police inspect every 2nd and 3rd car. This may be grounds to challenge the constitutionality of the checkpoint.

DUI Attorney Florida

Hire an Orlando DUI Attorney
If you are looking to hire a DUI attorney in Orlando, make sure you he/she has experience. For instance, challenging probable cause findings for traffic violations and roadside checkpoints. As DUI attorneys, residents throughout Orlando area can rely on us to provide them with quality legal representation. Our DUI team is in constant communication throughout the entire process. Allowing clients to have peace of mind, while handling their case. Contact us if you are interested in having the DUI charge asserted against you reduced or completely dismissed. We can negotiate with the prosecutor on your behalf to have the case resolved in your favor.

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DUI Attorney Orlando

 DUI Attorney Orlando

Fort Myers DUI Lawyer

Fort Myers DUI Lawyer

Checkpoint Arrest

Allegedly accused of a DUI in Fort Myers? Contact Felonies4Less.com for a consultation. Our DUI Lawyer Team can review the facts of your DUI checkpoint interview/field sobriety tests to see if the police violated your 4th Amendment rights. Contact the Felonies4Less.com Team to discuss in detail your Fort Myers DUI.

DUI Checkpoint Overview
To begin, Florida law enforcement agencies use sobriety checkpoints to deter intoxicated drivers from operating motor vehicles and to identify impaired drivers. DUI checkpoints are also referred to as “roadblocks” and “mobile checkpoints” predetermined police traffic stops. During the traffic stop, police officers either stop every vehicle or stop vehicles at a regular interval, such as every fourth or sixth vehicle, and interview drivers to see if they are driving under the influence of alcohol or a controlled substance.

The Florida Supreme Court has held that DUI checkpoints are Constitutional. Traffic stop locations are randomly selected. DUI checkpoints have written guidelines regarding operational procedures. Not following the guidelines is unconstitutional. Finally, all checkpoints must be operated in accordance with the following guidelines:

Checkpoints must be highly visible
 DUI Checkpoints are rarely publicized extensively
Checkpoints must be conducted regularly within set guidelines

During a sobriety checkpoint, police officers briefly detain drivers.Officers will conduct a series of field sobriety tests if they believe the driver may be impaired. Florida law enforcement agencies conduct on average 15 to 20 checkpoints per month.

Fort Myers DUI Lawyer

What Happens At DUI Checkpoint
While approaching a DUI checkpoint, a portion of the road will be blocked off with traffic cones and there will be a sign instructing drivers to slow down and prepare to stop for screening at the checkpoint.The officer will be looking for signs of impairment during this brief stop. Such signs may consist of bloodshot eyes, an odor of alcohol, or slurred speech. If the driver appears impaired, the officer will have probable cause to conduct field sobriety test.

Field sobriety tests include the horizontal gaze nystagmus test, walk-and-turn test, and the one-leg stand test.Failure of a field sobriety test will require one to take a chemical test. The chemical test will indicate the driver’s blood alcohol content (BAC). Driving with a BAC above the legal limit will result in arrest.

Hire A Fort Myers DUI Lawyer
To conclude, Our Fort Myers DUI lawyer can review the facts of your arrest to determine if the police conducted the DUI checkpoint within the Constitutional limits of the 4th Amendment. For example, if the police did not follow their rules and guidelines while operating the checkpoint, the evidence collected during your case, is questionable. Contact the Felonies4Less.com Team to discuss your case with confidence.

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Fort Myers DUI Lawyer

        Fort Myers DUI Lawyer

 

West Palm Beach Criminal Lawyer

West Palm Beach Criminal Lawyer 

West Palm Beach Criminal Lawyer – can help to record expunge or seal your record. Keeping your personal information out of the reach of the general public. Florida law has specific requirements for you to expunge or seal your criminal record. Read on to learn more.

Florida Criminal Record Sealing & Expungement Overview
First, in Florida, a criminal history record is created when a person is arrested and fingerprinted under the suspicion of allegedly committing a crime. Secondly, your criminal record will detail whether the outcome of the arrest resulted in a conviction, acquittal, or a dismissal of charges before trial.

The sealing of a criminal record prohibits the general public from accessing it. Certain government agencies/entities will be allowed to view the record in their entirety. After your criminal record is expunged, the general public will not be able to view its contents. Government agencies that wish to view the record, must first obtain a court order to do so.

West Palm Beach Criminal Lawyer

Expunge and Seal Your West Palm Beach Criminal Record
If you want to have your criminal record expunged or sealed in Florida, you must not have had a criminal record sealed or expunged in the past. Also, you can’t have an open petition to seal or expunge a criminal record. All applicants must complete a Certification of Eligibility application. It contains a detailed list of reasons an application for Certificate of Eligibility to seal or expunge a criminal record will be denied. For example, there are certain disqualifying charges that prevent an expungement or sealing such as the following:

  • Kidnapping
  • Homicide
  • Manslaughter
  • Sexual Battery

Next, if you are able to have your record sealed/expunged, you will need to submit the following along with your application:

Certified disposition of the case you would like sealed/expunged
Complete the fingerprint form
Pay the required FDLE fee
Clients must include an Attorney Letterhead if not self-represented
Make copies of your application and supporting documentation
If applicable, complete section B of the eligibility application

West Palm Beach Criminal Lawyer

Benefits of Expunging & Sealing A Record

Our West Palm Beach criminal defense attorney’s clients benefit from having their criminal record sealed or expunged. For that reason, your past will no longer be available for the public to view. Thus, your employer will not be able to view your criminal history as well as colleges or universities. Employers or landlords can’t require you to disclose an arrest. Most importantly, expunging your criminal record will provide you with peace of mind.

Florida Criminal Defense Lawyer

Finally, our West Palm Beach criminal lawyer team will inform you on whether you qualify to have your criminal record expunged or sealed. Let our TEAM review your criminal history and provide you with legal guidance on how to clean up your record.

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West Palm Beach Criminal Lawyer

West Palm Beach Criminal Lawyer