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The most important thing you can say to protect yourself is: |
"I invoke my 5th amendment rights.
I do not want to answer any questions.
I would like to speak with my attorney." |
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A DUI is a process against your best interests, and to get through this process with the best result you need a litigating attorney with courtroom experience. Anne Borghetti can help answer your questions and lead you through the process of a DUI with your best interests at heart.
A DUI can cause a lifetime of problems; loss of license, community service requirements, insurance rate increase, fines, perhaps even job loss or jail time. The decisions you make over the following weeks are some of the most important decisions you will ever make. Seek qualified council.
What you need to know:
· 10 days after an arrest in Florida, you will automatically lose your license. You need to respond, or have a lawyer respond for you, to challenge this.
· Adult drinking and driving is not illegal, only driving while impaired is illegal.
· Arrested is not convicted.
What you need to do:
· Find good legal representation.
· Respond within 10 days to help retain your license.
· If you have an alcohol addiction, seek professional help.
· Immediately write down any factors that might have effected your balance; bodily injury, knee pain, back pain, hip ailments. Also,
· What was the surface like where your field sobriety test was done? Was it clean, paved, and level?
· Were the headlights on the police car pointed toward you?
· Were the flashing lights on, were you disoriented?
· Were you read your miranda rights? If so, at what point?
· How long had you been awake before the test?
· Do you have any medial conditions that might have effected your test?
· Had you recently taken any medications, cough syrups, or cough drops?
What I try to do for you:
· Build a case for the best defense.
· Try to get the charges dismissed or reduced.
· Try to get you a work permit to drive if you are convicted.
· Plea for a diversion program.
· Challenge any evidence that should not be admissible against you in court.
· Jury trial |
CALL TODAY!
(727) 502-0300 |
Frequently Asked Questions:
Do I have to take the breath test?
In Florida, you may refuse to take a breath test. Know that refusing the test can cause loss of license. There may be other factors that can cause a breath test to return inaccurate results. In many cases, the best thing you can do is ask to speak with your attorney.
Do have to perform 'field tests'?
Field sobriety tests are also optional. Some studies have shown that these tests were designed to exaggerate failure. Many of the tests would make the average sober person look intoxicated. Many are difficult to perform under the best conditions. Some times these tests are administered wrong. Most lawyers will discourage taking these tests. Every situation is different, but the best option you can choose is to ask to speak with an attorney.
Can you give me some other tips?
· Be polite and respectful. Never bad-mouth a police officer.
· Stay calm and in control of your words, body language and emotions.
· Don't get into an argument with the police.
· Remember, anything you say or do can be used against you.
· Keep your hands where the police can see them.
· Don't resist even if you believe you are innocent.
· Do NOT make any statements regarding the incident.
· Ask for a lawyer immediately upon your arrest.
· Write down everything you remember as soon as possible.
· You don't have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ask to see it.
· Upon request, show them your driver's license, registration, and proof of insurance. In certain cases, your car can be searched without a warrant as long as the police have probable cause. To protect yourself later, you should make it clear that you do not consent to a search. It is not lawful for police to arrest you simply for refusing to consent to a search.
· If you're given a ticket, you should sign it; otherwise you can be arrested. You can always fight the case in court later.
· It's not a crime to refuse to answer questions. You can't be arrested merely for refusing to identify yourself on the street.
· Police may "pat-down" your clothing if they suspect a concealed weapon. Don't physically resist, but make it clear that you don't consent to any further search.
· Ask if you are under-arrest. If you are, you have a right to know why.
· You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don't give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
· Ask to see a lawyer immediately. If you can't pay for a lawyer, you have the right to a free one, and should ask the police how they can be contacted. Don't say anything without a lawyer.
· Within a reasonable time after your arrest, or booking, you have the right to make a local phone call to a lawyer, bail bondsman, a relative or any other person. The police may not listen to the call to the lawyer.
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Every case is unique and each set of facts should be evaluated on a case by case basis the foregoing is simply meant to be a guide - you should seek to retain professional counsel to evaluate your unique situation.
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