December 15, 2008

Fort Lauderdale DUI Lawyer: Reasons Why You Should Hire A Broward DUI Attorney

Broward County residents arrested for DUI should think hard about hiring an experienced Fort Lauderdale DUI lawyer. Many of our DUI clients have never been involved in the legal system before, whereas Fort Lauderdale DUI attorney William Moore has handled thousands of DUI cases. An experienced, trustworthy DUI lawyer will be someone you can call as soon as you are arrested and who will be there through the duration of your case.

Choosing an outstanding DUI lawyer is difficult. You may be able to obtain the attorney’s track record on his website or in the office. You should inquire as to whether the lawyer routinely DUI and the number of DUI trials he has handled. The most effective advocate is a lawyer who has handled numerous DUI cases and who can identify police mistakes that will win your case, is well aware of the problems with breathalyzers in Florida, and who will always be on your side.

A good Broward DUI lawyer will have tried numerous cases and worked in criminal law for years. William Moore worked as a both a prosecutor and a public defender prior to becoming a private DUI and criminal defense attorney. He knows how state attorneys think and will work to win your case. An excellent attorney will also explain the how the process works to you, so that you feel as comfortable as possible during every step of the process. Because many of our DUI clients do not have a prior a prior criminal record, we take pride in offering

DUI lawyer William Moore is committed to providing an aggressive defense on your behalf. We are willing to take your case to trial if necessary. We will investigate the testing of your blood or breath and police behavior in your case on your behalf. If your case goes to trial, we will safeguard your rights and work to keep the jury from hearing evidence that was collected illegally.

A highly experienced Broward DUI lawyer with a specialty in DUI can make the difference in your case. Even a first-time DUI conviction can result in a harsh sentence: fines and court costs of nearly $1,000, a year of probation, up to six months in jail, having your driver’s license revoked for up to a year, mandatory vehicle impoundment, an alcohol abuse evaluation, and required attendance at DUI school. In addition, a DUI conviction may seriously impact your current or future employment. A DUI can also adversely affect your reputation.

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December 23, 2007

The Mosquito Defense

This is a first. A man arrested for DUI in Australia might have offered the most unique defense to driving under the influence yet: mosquitoes. The man, Stephen James Diggs, 30, who had been fishing with a friend, decided to drive home after having several beers and with a blood alcohol content of .236 because the mosquitoes were “absolutely horrific”. Diggs told police he took the risk of driving home drunk to avoid being bitten any further. A unique defense? Yes. A viable one? Actually it is.
Necessity is an affirmative defense to DUI. Only seen in very unusual fact patterns, affirmative defenses can lead to the acquittal of such a charge. Such a defense should be used with caution, however, as it requires the defendant to admit that he committed the crime but was justified in doing so. Generally, the defense of Necessity requires that the accused establish the following:

1. That there was a threat of injury
2. The danger was imminent
3. That driving was required to avoid the injury

If the facts in this case establish that the accused was in an area infested with mosquitoes and that his automobile was an open vehicle which could not have provided shelter, I think that he has a great case. If his automobile had windows and could have provided a safe haven, however, the defense of necessity would be unavailable to him. At least under Florida law.

October 19, 2007

Implied Consent

The Right to Refuse a Breat Test in Florida & Implied Consent

Any person who exercises the privilege of obtaining a license to drive in Florida, or of operating a motor vehicle within the State, is deemed to have given his consent to submit to an approved chemical test or other physical test. These tests include, but are not limited to an infrared light test of breath for the purpose of determining the alcoholic content of blood or breath, and a urine test for the purpose of detecting the presence of certain chemical substances or controlled substances. These tests are applicable if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages, chemical substances, or controlled substances. In addition, a nonresident or any other person driving in a status exempt from the requirements of the driver’s license law, by the act of driving in that exempt status, is deemed to consent to these requirements.

-William Ryan Moore, Esq.