If you hit a parked car and are unable to find the owner, most people understand the law to require that the driver at fault leave a note with his or her contact information. Under Florida law, however, this isn’t quite enough as Florida statutes require that the accident be reported to the local police department.
Attorney William R. Moore also cautions that it is always a good idea to report a fender bender to the local police even where the other party does not wish to do so. We have seen many cases where the so-called victim agreed that the damage was nonexistent or so minor that an accident need not be reported only to find that they later contacted their insurance carrier and reported a hit-and-run.
Remember, if you are involved in an accident that does not involve injury, you must stop your vehicle at the nearest safe location. Information such as your name, address and registration number must be provided. Always contact law enforcement as well.
If you are pulled over and suspected for DUI in Broward County Florida, the investigating officer will undoubtedly ask used to submit to roadside sobriety exercises. Many people unknowingly attempt to perform the one leg stand, finger to nose and heel-to-toe exercises despite there being no legal requirement to do so. These sobriety exercises are always recorded either at the scene via in car cam or at the breath alcohol testing facility in Broward County.
DUI roadside exercises can be powerful evidence.
According to DUI attorney William R. Moore, videotaped field sobriety exercises are often the most powerful piece of evidence that can be used by prosecutors to convict a DUI defendant. If performed correctly however, the value of this evidence shifts completely to the defense and is often used to acquit. It all comes down to how well the individual performs and to what extent it contradicts the written observations in the corresponding police report prepared by the investigating police officer.
DUI roadside sobriety exercises are completely voluntary.
Most people are not aware that roadside sobriety exercises are completely voluntary and that they do not have to submit. Police officers are clever when investigating a suspect in the manner in which they “ask” an individual if they wish to perform. Specifically, the language used is often something to the effect that the suspected driver may be able to dispel the officer’s belief that he or she is impaired by drugs or alcohol.
The truth, however, in 99% of all cases is that the officer, already having probable cause to believe that a DUI is been committed, is going to make an arrest and their reason for requesting roadside sobriety exercises is to enhance the likelihood of obtaining a conviction down the line.
Roadside sobriety exercises are extremely difficult to perform even by those who are completely lucid.
Roadsides are divided attention tests that have no resemblance to any physical activity performed naturally in a person’s life. They are not only unfamiliar by vast majority of people they are also difficult. Police officers make them look easy when demonstrating as they have practiced them thousands of times in anticipation of submitting them to suspects. This is not to say that they cannot be performed successfully. Attorney William Moore has seen thousands of videos whereby defendants, previously arrested for DUI, performed excellently. These cases almost always result in an acquittal regardless of accompanying intoxilyzer evidence to the contrary.
Should you submit to roadsides?
This answer depends solely on a suspects coordination, level of impairment, if any and their ability to follow instructions and ask questions if needed. If you don’t believe that you will successfully be able to perform the tests (exercises under the law) it is often best to decline, obviously. If you are of the opinion however, that you will be able to avoid an arrest by dispelling the officers belief after submitting to roadsides, remember that 99% of the time, the officer has already made the decision to arrest you and will do so regardless of your performance.
Obtaining a hardship license in Florida following an arrest for DUI used to require either 30 or 90 days of what was termed “hard time.” this term did not refer to incarceration rather to the amount of time that the Florida driver was prohibited from having any form of license whatsoever.
Under the previous administrative laws, every DUI, the offender would be forced to endure either one month or three months of absolutely no driving at all. The penalties for driving on a DUI suspension in Broward County, Florida are severe as a matter of procedure. Judges issue at least 15 to 30 days in the Broward County Jail as a sentence for anyone found guilty of committing such an offense.
Obtaining a DUI Hardship License
DUI offenders may now easily obtain a hardship license by waving their right to a formal review hearing. According to Broward County criminal defense attorney William R. Moore, waving your right to this formal hearing is much more advisable than it was in years past. the days of overturning a licensor suspension due to an officers non-appearance are over. Currently the Department of Motor Vehicles gives the arresting officer for an unlimited amount of chances to come in and perfect a DUI suspension.
DUI arrests are fewer than ever claims Fort Lauderdale DUI Defense Attorney Bill Direnzo. This isn’t due to fewer impaired drivers but rather the reduction of enforcement officers by BSO.
See the recent episode of “State of Arrest” where Broward County DUI task force is discussed.
DUI Task for dwindles to fewer than 4 officers
The number of DUI Task force enforcement police officers in the jurisdiction of Broward County has been reduced to 4 officers, possibly even fewer according to Criminal Defense Layer William Moore. This is a fraction of how many special DUI trained investigators are employed by other jurisdictions of similar size and population. The few police investigators assigned to Broward’s DUI task force appear to be new officers as most of the veteran 20 to 30 year special driving unit detectives have retired.
DUI investigations take longer than the investigation of other offenses
The time that it takes to investigate, arrest and book a suspect who has been accused of driving under the influence far exceeds the length of time generally needed to investigate Domestic Violence, Possession of Drugs, Shoplifiting or even violent crimes claimed Attorney Moore.
DUI only a misdemeanor
Despite being a mere misdemeanor, Driving Under the Influence investigations require highly trained officers less they risk being thrown out of court. Skilled DUI lawyers have a arsenal of legal challenges that can cause a DUI to get tossed out of court due to the slightest deviation from the law that governs the manner in which evidence is to be collected in such criminal offenses.
Questions about this article or the State of Arrest show should be directed to:
The William R. Moore Criminal Defense Law Firm, 1 Financial Plaza, Fort Lauderdale Fl 33394, or by calling 954-523-5333.
Attorney William R. Moore, a criminal defense lawyer in Fort Lauderdale Florida, provides explanations of criminal offenses such as domestic violence, drug possession, shoplifting, DUI, reckless driving and driving on a suspended drivers license to name a few. Society Favors ultimately provides an avenue in which viewers (or listeners) can learn about criminal law in a way that is both entertaining and educational.
See Society Favors with Criminal Lawyer William R. Moore