Florida DUI Lawyer Blog

If you have been arrested for DUI in Broward County, Florida, you know that it is common practice in DUI cases for the Broward Sherriff's Officer to require the defendant to submit to a battery of exercises. These may include the finger-to-nose test, the walk-and-turn test, the one-legged stand test, the balance test, the alphabet test, and the horizontal gaze nystagmus test. A trial judge ruled that these test results are not subject to exclusion under the rationale of State v. Bodden, where the court ruled that urine test results were inadmissible because the Florida Department of Law Enforcement had not promulgated any rules for the administration of the tests. There are a number of possible other objections to these procedures that should be considered however. For more information, contact the DUI defense lawyers at William Moore, P.A.

Based on experience, I have found the introduction of unfavorable HGN results to be very damaging to a DUI defense attorneys case. Considering that this highly controversial evidence gathering technique is so easily suppressed, Fort Lauderdale DUI attorneys routinely caution young attorneys against minimizing the threat of such evidence in preparing for trial.

Commercial motor vehicles are treated differently from others. These include any motor vehicle or combination used on the streets or highways which: (a) has a gross vehicle weight rating of more than 26,000 pounds; (b) is designed to transport the driver and more than 14 other people; or (c) is transporting hazardous materials and must be placarded pursuant to Title 49 C.F.R., part 172, subpart F.
Florida DUI lawyers remind you that while the DUI laws apply to the operation of commercial motor vehicles, there are some provisions that apply only to such vehicles. Driving or actual physical control of a commercial motor vehicle with any alcohol in the body constitutes a traffic infraction. If the accused has an alcohol concentration of .04 or higher, it is a greater offense, resulting in a more severe penalty. A DUI prosecution does not bar charges for these commercial vehicle alcohol, but the statutory presumptions arising from excess breath or blood alcohol readings do not apply to prosecution for the commercial motor vehicle alcohol offenses.

In DUI probation cases, it is unlawful to tamper with or to circumvent the operation of a court-ordered ignition interlock device. It is also unlawful for any person whose driving privilege is restricted pursuant to the ignition interlock device statute to request or solicit any other person to blow into an ignition interlock device or to start a motor vehicle equipped with the device for the purpose of providing the person so restricted with an operable motor vehicle. It is unlawful to blow into an ignition interlock device to start a motor vehicle equipped with the device for the purpose of providing an operable motor vehicle to a person whose driving privilege is restricted pursuant to the statute.
In addition, it is unlawful to knowingly lease or lend a motor vehicle to a person who has had his or her driving privilege restricted, unless the vehicle is equipped with a functioning, certified ignition interlock device.

If a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of the driving privilege restriction and if proof of that notification is with the vehicle. This exemption does not apply, however, if the business entity that owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.

I recently met with a friend of mine who had visited an attorney for a routine legal matter. She explained how both the law partner and an associate each claimed to be the best lawyers in Broward County. Naturally, we both rolled our eyes at such a bold statement. The fact is that South Florida has such a bountiful supply of highly skilled attorneys seemed to make any such statement… well… bold. What is troubling however is that statements such as these are regulated by the Florida Bar. This is especially true when it comes to law firm advertisements. In fact, such forms of solicitations could result in disciplinary action under the rules as it is considered deceptive.

Always remember when researching an attorney (for any particular legal matter) to use some diligence. Ask members of the community that you trust. Even ask other attorneys. Most attorneys will be happy to talk to you about general qualifications for a particular matter without attempting to land a case.

For more information see an article on this subject titled “Best Fort Lauderdale DUI Lawyer”

…and remember, “best” means best fit for you.