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Tag Archives: Port Saint Lucie DUI Defense Attorneys

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Five DUI Roadblock Requirements In Florida

By Eighmie Law Firm, P.A. |

Typically, police officers must have reasonable suspicion of criminal activity before they may detain motorists. This standard is very low, and the United States Supreme Court has watered it down even further, with recent decisions like 2016’s Utah v. Strieff. However, the underlying doctrine is still in effect. But when it comes to DUI… Read More »

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Debunking Some Port St. Lucie DUI Myths

By Eighmie Law Firm, P.A. |

Driving Under the Influence is one of the most commonly-charged criminal offenses in the Treasure Coast. In fact, in some jurisdictions, half the county’s probationers were arrested for DUI. So, it is little wonder that there are so many myths out there about the Breathalyzer and other DUI aspects. These self-help defenses may not… Read More »

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Some Basic Points About DUI Roadblocks

By Eighmie Law Firm, P.A. |

Police departments in the Treasure Coast love DUI checkpoints. If they could afford the officer overtime and physical requirements, they would probably run checkpoints every weekend. But because of these costs, roadblocks usually only appear during holidays associated with drinking and driving, such as July Fourth and New Year’s Eve. These checkpoints give police… Read More »

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Special Issues In DUI Holiday Stops

By Eighmie Law Firm, P.A. |

Over the recently completed Labor Day Weekend, peace officers throughout the Sunshine State stepped up their anti-DUI enforcement, as despite higher gas prices due to Hurricane Harvey, roughly a million residents traveled more than 50 miles from home, and about 90 percent of them drove to and from their destinations. Publishing heiress Patty Hearst,… Read More »

PoliceSearch

Challenging Circumstantial Evidence In DUI Cases

By Eighmie Law Firm, P.A. |

Almost all DUI arrests start with either an informer’s tip or a traffic stop, except those that involve DUI checkpoints. The prosecutor only needs to establish reasonable suspicion, which is a combination of facts and instincts which indicate that the defendant may have committed a crime. That “crime” could be almost anything, including speeding… Read More »

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Common Defenses In DUI Cases

By Eighmie Law Firm, P.A. |

In 2014, Florida Highway Patrol officers issued almost 50,000 DUI citations. When these cases go to court, prosecutors try to use the per se section of the DUI law as much as possible; this section states that if the defendant had a BAC above the legal limit, then the defendant is guilty of DUI… Read More »

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Pre-Conviction Driver’s License Suspension In DUI Cases

By Eighmie Law Firm, P.A. |

In most criminal courts, the conviction rate for DUI test cases is almost twice as high as the rate in non-test cases, so the laws are tailored to essentially coerce drivers into providing breath or blood BAC samples. In a recent case, the United States Supreme Court essentially upheld Florida’s stringent laws in this… Read More »

Circumstantial Evidence In DUI Cases

By Eighmie Law Firm, P.A. |

Blood alcohol content tests, which are nearly always Breathalyzer tests, have acquired added significance over the past decade because Florida, like most other states, enacted a per se DUI law that defines intoxication as a .08 or above BAC. Nevertheless, about twenty percent of drivers still refuse to take a BAC test, and in… Read More »

Direct And Circumstantial Evidence In DUI Cases

By Eighmie Law Firm, P.A. |

Now that the United States Supreme Court has legalized refusal-to-submit laws, at least to some extent, more DUI prosecutions will probably be based on direct evidence of intoxication. Blood draws are the most accurate way to measure a person’s blood alcohol content (BAC), but peace officers must obtain search warrants prior to blood draws,… Read More »

High Court Rules On DUI Evidence

By Eighmie Law Firm, P.A. |

The Supreme Court of the United States approved measures like Florida’s Refusal to Submit law while issuing more defendant-friendly orders in other areas. Facts and Procedural History Most states, including Florida, are “implied consent” states, which means that drivers agreed to provide either breath or blood BAC samples when they received their driver’s licenses…. Read More »

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