Often, we get calls from parents telling us their child has been charged with a .02 DUI. Recently on the legal question and answer site AVVO a user posted a question stating that they had been stopped for speeding, given a breath test in which they blew a .03 and were cited for DUI without being arrested. Several local attorneys claiming to be DUI experts or specialists jumped in to answer the question and told the person they needed an ... Read More »
Tag Archives: DUI police
To Sleep or Not to Sleep? The DUI Ambien Defense
To Sleep or Not to Sleep? The DUI Ambien Defense By: David Katz, Esquire & Andrew Nickolaou, J.D. Even non-drinkers could be in danger of being charged with DUI in Florida. If you are like the thousands of others who take prescription sleep medication like Ambien every year, you run the risk of a growing phenomenon of “sleep-driving” which could instantly land you in jail charged with drug related DUI and having no recollection of how you got ... Read More »
Why Do Some Cops Always Report Identical Symptoms?
As any experienced DUI attorney knows, many police officers are considerably less than honest in their written DUI reports and in their testimony. One of the practices where this is most readily apparent is the tendency to “observe” exactly the same “symptoms” in every person the officer arrests for drunk driving. With Officer Smith, for example, the suspect fumbles with his wallet when getting his driver’s license, leans against the car for support, and misses “Q” in the alphabet recitation ... Read More »
How “Expert” Are Cops at Detecting Alcohol Impairment?
The drunk driving case rests heavily upon the subjective opinions of the arresting officer — the abilities of that officer to correctly assess DUI symptoms of intoxication: observations of driving, personal symptoms (slurred speech, flushed face, etc.), answers to questions, performance on field sobriety tests. It is his DUI report (and his opinion in that report) which will largely determine what, if any, criminal charges will be filed by the prosecutor; his decision which will or will not result in ... Read More »