Driving Under The Influence

 

DUI is a Criminal Offense
Based on the facts of your case we will advise you of what options you have.

We will thoroughly review your police report, breath test results, and video tape of the arrest to reveal possible defenses not immediately apparent.
We will explain the penalties associated with a 1st, 2nd, 3rd DUI.  The 3rd DUI Might be a 5 year Felony.  The 4th DUI is a 5 year Felony.
Possible dismissal of the charges, acquittal at trial, or reduction of the charges to a lesser offense will be discussed.
Many cases can be settled without the need for a trial.
Contact us at Pontrellolaw@tampabay.rr.com


Confiscated License

Florida law allows the police to retain your license if you refused to submit to the breath test or took the test and had a reading of .08% or above.
If your license was confiscated you should know that the court system has not suspended your license, but the Department of Highway Safety has suspended your right to drive.
WORK PERMITS
There are ways to challenge this suspension and apply for a work permit.
Immediate action must be taken to protect your driving privileges. We can show you how.


The Deciding Factors

Most DUI cases are based on the interpretation of 3 pieces of evidence:

THE BREATH TEST
The results of the breath test may be challenged or suppressed based on many factors.

The "breath test results" may be inaccurate or unreliable due to many factors including improper maintenance, calibration or lack of certification.

Inaccurate readings may be caused by and excluded as evidence in your case by such things as:

Hiccups or burping
The failure of the police to observe you for 20 minutes before the test The lack of proper training and licensing of the operator
Was your decision to submit to the "breath test" voluntary, or secured through coercion or duress?

Was a sufficient number of "breath test" readings taken, and do the results fall within legal guidelines?

FIELD SOBRIETY TESTS
The police will in most cases administer Field Sobriety Tests to determine if you should be arrested. The officer's interpretation of these tests can be challenged or suppressed based on many factors.

What is your true balance and coordination?
Do you have any physical disabilities like a bad back or bad knees? You may have been nervous, tired, or distracted during the testing. Whether the video tape accurately depicts your true state of sobriety at the time, or is unfairly effected by traffic, noise, or poor lighting.

POLICE REPORTS
This report is only an interpretation of the events leading to your arrest.

Did the police officer stop you for a valid reason?
Is the officer's account of the facts consistent with your recollection and those of any passengers in your vehicle? Were you properly read your Miranda warnings? Were any statements made by you coerced?


Questions to Ask . . .

The hiring of a lawyer you feel comfortable with is an important decision.
Asking the right questions should be your first step in retaining experienced legal counsel.
Give us a call today and we will set up a FREE appointment to sit down and answer the questions you may have about your case.
LEARN WHERE YOU STAND AND WHAT YOUR OPTIONS ARE:
What are the strengths and weaknesses of your case?
Did the officer have a valid reason to stop you? Can the breath test be ordered not admissible in court? How would a refusal to the breath test effect your case? Can steps be taken to provide you with a driving permit for work? Will a review of the video tape reveal defenses? Can your case be handled without your appearance in court? Can your bond be reduced or returned? Can your case be reduced by the prosecutor to a lessor offense such as reckless driving? Can a "continuance" of your court date be obtained to investigate your options? Contact us at Pontrellolaw@tampabay.rr.com


ATTORNEY AT LAW

Pinellas County

619 Chestnut Street

Clearwater, Florida 33756

727 442-0439

The hiring of a lawyer is an important decision that should not be based solely on an advertisement. Before you decide, ask us to send you free written information about our qualifications and experience.