DUI Defense

The most common type of auto accident cases that I handle is when someone is injured in a car accident, through the fault of another driver. In addition to auto accidents, I also handle accidents involving motorcycles, bicycles, trucks, boats, and pedestrians, meaning when a moving vehicle hits a pedestrian. Sometimes I also handle cases in which there are no injuries but the car is damaged and the insurance company is refusing to reimburse for the damages.

What Are The Top Misconceptions About The Personal Injury Recovery Process?

The top misconception about the personal injury recovery process is regarding the insurance companies. If you think that just because you are not at fault and you were clearly injured by the car accident, that the insurance company is going to be fair and pay you what you deserve to be compensated for. That is far from the truth. The insurance companies are looking to pay you as little as possible. Another misconception is that if you are injured and the other person is clearly at fault, you do not need an attorney representing you. You do need an attorney representing you because the insurance company is looking to pay you as little as possible and if you don’t have an attorney representing you and your rights, the insurance company will try to take advantage of you. A personal injury attorney who has experience dealing with insurance companies knows the games they play and know how to deal with them. The insurance companies are not your friend and you are not in good hands if you do not have an attorney representing you.

How Do Liability Laws Apply To Auto Accident Cases In Florida?

Florida is a no-fault state, which means every person in Florida is required to have $10,000 in Personal Injury Protection, otherwise known as PIP benefits, which covers your injuries, and $10,000 in Property Damage, which covers damage to another person’s car if you are at fault.

If you are injured in an accident, regardless of who’s at fault, your PIP benefit will cover your medical expenses up to $10,000. It will also cover lost wages and mileage going back and forth to doctors’ appointment. If your medical bills are beyond $10,000, then you would have to sue the driver at fault; that is only the case if they have Bodily Injury Insurance. Bodily Injury Insurance covers a person you may hit through your own fault, if they are injured. However, this type of insurance is not required in Florida.

If you exhaust your $10,000 PIP and the driver who hit you has no Bodily Injury Insurance, then your only recourse would be Uninsured/Underinsured Motorist Protection, otherwise known as UM or UIM. This type of insurance is not required in Florida, but I would advise everyone to make sure they elect Uninsured or Underinsured Motorist Protection, because there are a lot of drivers out there who have no Bodily Injury Insurance.

How Does Comparative Negligence Impact An Auto Accident Claim?

Pure comparative negligence means you can only hold someone accountable for damages done to you equal to the percentage of their fault. If you were rear-ended by a vehicle and then sideswiped by another vehicle in the same accident, and each vehicle driver was found 50% at fault, you could only get 50% of your damages from each driver. If an accident is determined to be 10% your fault, and 90% the fault of the other driver, you can go after the other driver for 90% of the damages.

What Is The Statute Of Limitations For An Auto Accident Claim In Florida?

For a car accident, if you are suing another driver’s insurance, then the statute of limitations is 4 years. If you are suing your own insurance—for example your Uninsured/Underinsured Motorist (UM/UIM) Carrier—then you have 5 years to bring a claim in Florida.

For more information on Auto Accident Claims In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

The first step after being injured in an auto accident is to contact an attorney immediately. The second step is to take pictures immediately before the cars are moved. Even if people admit they were at fault at the scene, some will try to deny fault later. Many times, you can tell what happened in a car accident by where both cars end up after the accident. Make sure to take pictures of the damages to both car before they are moved. Third, take it upon yourself to take down names, phone numbers, and addresses of any witnesses and ask them if they will be a witness.

Should I Notify My Own Insurance Company Of The Accident?

You are responsible for notifying your insurance company within a reasonable time limit. You can either notify them yourself or you can contact an attorney, and the attorney will notify them. Insurance benefits can be waived if you wait too long to notify your insurance company. I would advise notifying your insurance company about the car accident, including where and when it happened, but do not give them a statement of what happened. Leave that in the hands of an attorney. You are not required to notify the other person’s insurance company, but your attorney may consider it, as the other party also has a time limit to notify their insurance as well.

What Should I Do If I Am Contacted By The Other Party’s Insurance For A Statement?

If you are contacted by the other party’s insurance for a statement, tell them that you are being represented by an attorney and give them your attorney’s information. If you have not obtained an attorney yet, tell them you are going to obtain an attorney and the attorney will be in touch with them.

How Soon Should I Seek Medical Treatment After Being Injured In An Accident?

If you are injured in an accident, you should seek medical treatment right away. If you are not able to seek medical attention at that time, go to a walk-in clinic or the emergency room as soon as possible. In the state of Florida, you have 14 days to seek medical treatment or your Personal Injury Protection benefits can be denied.

If a doctor has determined that you do not have an Emergency Medical Condition, then your PIP benefits can be cut off at $2,500 instead of the full $10,000. If you are going to need further medical treatment, your doctor is going to have to state that you have an Emergency Medical Condition. The doctor must use those words to qualify you for your PIP benefits beyond $2,500.

How Can Gaps In Medical Treatment Impact An Auto Accident Case?

It’s important to follow your doctor’s advice because you don’t want to make your condition worse. Under Florida’s Mitigation of Damages law, you have a duty to mitigate damages to your body. If you did not seek medical treatment, and your condition is not getting better, you must take responsibility for that. You cannot blame your worsening condition on the driver or the person at fault for injuring you if you did not seek medical treatment. Additionally, large gaps in medical treatment can also lower the value of your case. For example, if a chiropractor recommends that you see them three times a week for the first month and you only go once, the insurance company may try to claim that you are not injured because you are either not seeking medical treatment or not following the recommended treatment.

For more information on Steps To Take After Auto Accident, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

Why Is It Important To Retain An Experienced Attorney To Handle An Auto Accident Claim?

It is important to retain an experienced attorney to handle auto accident claims because an attorney knows how to make the insurance system work for you and you will end up being awarded significantly more money. Even with an attorney taking their fees out of any settlement, you’ll end up receiving a lot more money because a person who is not an attorney just does not have the knowledge to deal with insurance companies.

What Sets Your Firm Apart In Handling Auto Accident Cases?

I am a boutique law firm, meaning I don’t handle hundreds of cases at any one time. I keep my caseload smaller than other firms, so I put a lot more time into each case and actually speak with my clients every week on the phone. If I haven’t heard from them, I will reach out to my clients and talk to them. Most of my clients have my cell number where they can reach me at all hours, via call or text. Frequently, I talk to my clients on the weekends, if they have a question, or at night after they get off work. I give a lot of personal attention to my cases and I work them to make the case more valuable.

Another thing that sets me apart is the amount of jury trial experience I have. I have done over 150 jury trials as lead counsel and I have assisted other attorneys in their trials dozens of times. Most attorneys out there have not even come close to doing this many jury trials. Some attorneys have never done any jury trials. It’s important to have an attorney who has experience in trying cases for a couple of reasons. First, they have the know-how of what they have to do at trial to win. Second, the insurance companies know which attorneys have trial experience and those who don’t. If you have an attorney who has very little trial experience, the insurance companies will know and won’t put as much value on your case.

Additional Information On Auto Accident Claims In Florida

The number one thing is it’s important to get an attorney who is experienced in auto accident cases right away. Just because someone is an attorney, doesn’t mean they know how to do auto accident cases. I do exclusively auto accidents and criminal law. Over the last 10 years, I have gone to trial on a lot of car accident cases. In my career, I have done over 150 trials successfully.

Even if you are not going to trial or don’t want to go to trial, it’s very important to hire an attorney who has tried car accident cases, because they are going to know how to work your case better. Insurance companies out there know which attorneys go to trial and have that experience, and which attorneys will never go to trial. If an insurance company knows you have an attorney who has gone to trial and been successful taking any kind of motor vehicle accidents to trial, they are going to put more value on your case. For this reason, it’s very important that you ask any potential attorney how many car accident cases they have brought to trial successfully.

For more information on Importance Of Evidence & Witnesses, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

A DUI is charged when you are under the influence of alcohol or a controlled substance, whether or not you have a prescription for the controlled substance, to the extent that your normal faculties are impaired. Florida defines normal faculties as the ability to drive, walk, judge distances, make normal, everyday decisions, and the ability to perform normal activities in our daily lives. It also covers whether you are driving or in actual physical control of a vehicle. Actual physical control means that you have the capability of operating a vehicle, whether or not you are operating it at the time that you are impaired. There is no set definition of what defines whether you have the ability to operate a vehicle, and it depends on the circumstances of each case.

What Happens When Someone Is Pulled Over On Suspicion Of DUI?

Typically, the officer will first ask whether you’ve had anything to drink that evening, and how much. If they suspect impairment by alcohol or another controlled substance, they will usually ask the driver to step out of the vehicle for what we call field sobriety exercises. This involves the finger to nose test, the one-legged stand, the walk in a straight line, and reciting the alphabets backward. If they determine that you are unable to do those exercises up to the officer’s expectations, they will most likely then place you under arrest, take you to the police station, and ask you to submit to either a Breathalyzer or a urine sample, if they suspect that you are under the influence of a controlled substance other than alcohol. Most of the time, whether you blow over the limit or not, you are still going to be kept in jail for at least 8 hours, which the Florida statute requires.

A driver who is suspected of a DUI has to be kept in jail for at least 8 hours, which is the general time that it takes for alcohol or a controlled substance to run its course through somebody’s system.

Does Someone Have Access To An Attorney prior To Making A Decision On The Breathalyzer or The Urine Test?

The way the law is written, you have to submit to a Breathalyzer first before you can contact an attorney. After you submit to a Breathalyzer, then you are entitled to a phone call to an attorney, but you don’t have the right to talk to an attorney in deciding whether or not to submit to the Breathalyzer.

What Is The Implied Consent Law In Florida? How Does It Relate To DUI Charge?

The implied consent law in Florida is when you receive your driver’s license in Florida, it’s conditional upon you automatically consenting to submit to a Blood Alcohol test, whether it be the Breathalyzer, a urine test, or a blood test. By getting the privilege to drive in Florida, you are agreeing to submit to one of those tests. You don’t have to give your actual consent because it’s implied that when you receive your license, you already gave your consent.

How Does A Refusal To Take The Breathalyzer Or A Urine Test Or Blood Test Impact A DUI Case?

If you submit to a Breathalyzer and you blow over a 0.08, which is the legal limit in Florida, your license is going to be suspended by the Division of Driver’s License. Whether or not you are convicted or even charged with a DUI, the mere fact that you blew over a 0.08 causes the Bureau of Administration of Drivers to suspend your license, unless you attend a hearing within 10 days. They will give you a temporary license because your license will be suspended automatically seven days after you are released from jail. You have a right to dispute the results of the Breathalyzer, and you have a right to go before a hearing officer and raise any defenses that you might have.

If you refuse, your license will be suspended for one year, unless you elect a hearing and you win the hearing. For blowing over a 0.08, your license will be suspended for 6 months for the first time DUI. It’s important to contact an attorney as soon as possible because you only have 10 days to elect a hearing.

How Does Someone Know How To Proceed After Being Released From Jail?

You will leave jail with your ticket or your DUI offense, which is important to have because then you know the date of the ticket. You’ll also know that 7 days from that date, your license will be automatically suspended unless you elected a hearing. You’ll also be given our next court date, which will be your arraignment, where at that time they will formally announce the charges against you, and you’ll enter a plea—either guilty, not guilty, or no contest.

For more information on DUI Charges In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.

I don’t recommend pre-trial counseling for DUI clients right away. If you elect a hearing, and you lose your hearing or your driver’s license suspension, I would at that time suggest that you go ahead and do what’s called a counter-attack school, and a victim awareness program. Those are things you are going to need, regardless of what happens in your court case. Those are the things you are going to have to do to get your license back anyway. I would advise to do this as soon as possible because even if you lose a hearing and your license is suspended after 30 days for a blow of over 0.08, you have the right to get your business purpose only license. To do this, you are going to have to show that you’ve at least signed up for those classes. If you’ve refused a breath test, then you have to serve a minimum of 60 days’ suspension before you can apply for the business purpose only license.

How Can A Prior DUI Arrest Or Conviction Impact A Current DUI Case?

Prior arrests won’t affect a current DUI case, but if you’ve been convicted before, that plays a large part because with each conviction there are enhanced penalties, not only if you are found guilty for the sentencing aspect but also how long your driving privileges are going to be suspended. There is also a mandatory jail term for a second offense, and then the mandatory jail terms go a little higher and so do your license suspension terms with each subsequent offense.

What Factors Can Enhance Or Aggravate DUI Charges In Florida?

If you have a blow over a 0.20, there are enhancement penalties. If you have a minor in the car at the time you are under the influence, that can enhance your penalties. If you were in a car accident resulting in bodily injuries, that can also enhance the penalties.

What Factors Do You Consider When Deciding Whether To Take A DUI Case To Trial Or Not?

There are several factors that we consider when deciding whether to take a DUI case to trial or now. First, I look at the reason for the stop, and whether the stop was legal or not. If I suspect that the stop was illegal, or that I could present challenges to the initial stop, then I will do a motion to suppress. This means if the stop is found to be illegal, or that there was no probable cause for the stop, then all the evidence that was uncovered in the stop will be suppressed, and the state’s attorney cannot use it in a trial. In that case, if you win the motion to suppress, the state attorney is going to dismiss the charges because there is no evidence that they can go forward with.

There are several other motions associated with DUIs besides an illegal stop. You can challenge whether or not the officer has reasonable suspicion that the person was driving under the influence. Even if the stop was legal, if they didn’t have reasonable suspicion to ask someone out of their car to submit to the field sobriety exercises, you can also challenge that. This will stop the evidence stemming from being asked to step out of the car, and often the charges will be dismissed. Another challenge involved is for the breathalyzer results. There are multiple challenges to getting the breath results thrown out. The main one in Florida right now is what’s called source code motions—that if we ask for certain information regarding how the breath test machine works, and if at this time the City attorney can’t provide us with the information that we need, the judges will throw out any results of the breathalyzer test.

Do Most DUI Cases Go To Trial Or Do They End Up Settling Out Of Court?

Many cases can be thrown out on a motion to suppress, or if we get breath results thrown out. Many times the state attorney will offer us a better deal, including pleading the charge down to reckless driving or maybe even a culpable negligence charge. I go to trial in a lot of DUI cases, so they either give me a good plea offer, or I will take the case to trial. I’ve done probably dozens and dozens of DUI trials, and I know how to poke holes in the state’s case. I know how to highlight things that the police officers do wrong in administering field sobriety exercises and things that they do wrong in judging how someone does field sobriety exercises. Even if the case goes to trial, there are a lot of ways to challenge and poke holes in the state’s case, and I’ve been very successful at going to trial in DUI cases.

Additional Information On DUI Charges In Florida

It’s very important to get an attorney who has a lot of experience in DUI cases and is very experienced in doing the motions associated with DUI stops and excluding Breathalyzer results. A lot of attorneys out there will just plead people out, and will not try to get any evidence suppressed. Oftentimes, I think that DUI cases are even more difficult than a murder case, because there are so many intricacies involved and laws controlling it, and so many more ways to pick apart the state’s case. I have a lot of experience in DUI cases. I was actually the one who first started doing the source code motions when I was at the public defender’s office back in 2001. I’m very familiar in challenging breath test results and what motions we can do to get them thrown out of court.

If someone wants to plead out because they really were guilty, I wouldn’t do anything without contacting an attorney first, because an attorney knows what to do and how to challenge things in a DUI case. A non-attorney would have no clue on what to do. Even if you don’t have money to hire an attorney, I would still say that you should talk to an experienced DUI attorney before deciding what you want to do with your case.

For more information on Pre-Trial Counseling For DUI Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (321) 355-7900 today.