Port St. Lucie DUI and Criminal Blog

Challenges to use of improper and non-standardized field sobriety evaluations. It is highly likely that the police officer who stopped you, or found you behind the wheel in your stationary car, administered field sobriety tests to you before he or she arrested you. These evaluations can include a wide variety of agility exercises, mental acuity…

Defenses relating to exculpatory lost video evidence. In some DUI-DWI arrests, the arresting officer will have a videotape recording of all or part of the roadside conversation, field evaluations and chronology of the arrest process. If any law enforcement officer had a working camera at the arrest location, his or her department likely had in…

Defenses related to the failure of the police to comply with the requirements of the Florida implied consent statute. Once you have been arrested for DUI-DWI, the police officer making the arrest must inform you of specific rights under state law relating to your obligation to take a state-administered test of your blood, breath or…

Defenses related to the failure of the police to comply with the requirements of the state’s independent test statute. One of the usual requirements of the implied consent law is that you have the right to obtain an independent test of blood, breath or urine taken after the State test. This sample can be tested…

The police must have a very good legal reason to stop your vehicle as a general rule. This reason can be based upon an observation of a traffic infraction, defective equipment, such as an expired tag or inspection sticker, or some observable evidence that a crime is being committed or is about to be committed.…

Defenses related to the legality or sufficiency of the indictment, accusation, complaint, information, or other charging instrument (such as a uniform traffic citation) during your drunk driving arrest In a criminal prosecution, you start with a presumption in your favor that you are innocent until and unless proven guilty. You also have the right to…

Right from the start of your arrest, you will have a large amount of paperwork coming your way. Expect to receive forms used by the police, information from the jail, from your bondsman, and from court hearings in your case. You will also hear from your lawyer and his or her support staff. While your…

Simply stated, driving on a suspended license is a new, additional crime. These added offenses greatly increase the likelihood of your receiving a jail sentence, especially if you are a repeat offender or have serious charges pending when you drive while suspended. Driving on a suspended license might also worsen your pending DUI-DWI case if…

1. Alcohol and drug assessment (and possible treatment) prior to going to trial. Once arrested for a DUI-DWI offense, most police officers assume that you may have an alcohol or drug problem. The same may be true for your employer, or even family or friends. Right or wrong, just being arrested says to the whole…

IMPORTANT: If you’ve recently been arrested for a DUI in Florida the first 10 days are vital in keeping your driver’s license. Contact Attorney Michael Kessler today to start the ball rolling in your defense before it’s too late. (772) 466-4900 If you refused to submit to the requested chemical test after your arrest, your…