fbpx

How to Handle Your First DUI: Issue Spotting Pre-Trial DUI Law CLE – by South Florida DUI Lawyer Meri Ros

How to Handle Your First DUI: Issue Spotting Pre-Trial DUI Law CLE – by South Florida DUI Lawyer Meri Ros

Teaching Attorneys How to Handle Their First DUI Case: Working a DUI Case Pre-Trial CLE

Discovery on South Florida DUI Cases

When reviewing the discovery on a DUI case, it is important to look for the following:

  • Probable cause and narratives
  • Tickets
  • DMV driving record
  • Medical reports when applicable
  • Breath results and Agency Inspection Form when applicable
  • Urine and Blood results plus an expert witness when applicable

DUI Motions

If there are issues found in the case, the defense can file a motion to combat the evidence or the charges. When constitutional rights are violated, it can be grounds to dismiss the case entirely.

Click here to learn how we have beaten DUI cases at the Rossen Law Firm

Traffic Stops on South Florida DUI Cases

An officer can only reasonably stop a motorist when the officer has probable cause to believe that a traffic violation has occurred. DUI investigations always start with a traffic stop and progress to a DUI investigation.

  • If the officer did not have a legitimate basis for pulling over the motorist, the officer can be found in violation of the defendant’s rights.
  • In the State of Florida, it is not a basis to pull over an individual on the basis of crossing over a solid line without a turning signal on if no other traffic was affected.
  • Moving slightly over a lane’s boundary a couple of times without creating any safety concerns also does not merit a basis to pull over a motorist.

Click here to learn how the Fort Lauderdale DUI Task Force conducts its DUI investigations

Accident Report Privilege on South Florida DUI Cases

Florida law states that an individual involved in an accident must provide information to law enforcement regarding the incident when an officer is completing an accident report and investigation. Since this information can sometimes be incriminating, the individual giving the information is granted immunity during the collection of evidence for the accident report. This means statements given by the individual cannot be used in a criminal or civil proceeding against the defendant.

  • If a law enforcement officer suspects the individual of a DUI, he or she must inform the suspect that the traffic investigation has evolved into a criminal investigation.
  • Law enforcement officers must read the defendant their Miranda Warnings before any statements may be admitted

Click here to learn why the police did not read you your rights during a DUI investigation

Field Sobriety Exercises on South Florida DUI Cases

An officer may request a motorist to participate in field sobriety exercises if the officer has reasonable suspicion that the driver is operating the vehicle while under the influence.

  • An officer cannot ask a suspect to do field sobriety exercises without some objective manifestation of signs that the motorist may be driving under the influence.
  • The officer must record and observe indications of impairment in the defendant’s driving and appearance in order to detain a suspect for a DUI investigation.
  • The mere odor of an alcoholic beverage on a suspect’s breath is not in of itself telling of an individual’s ability to operate a motor vehicle in compliance with the law.
  • The performance of field sobriety exercises must be done voluntary and not under duress of police authority.
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
How We Win
Second DUI, 0.19 Breath
DUI Charge Dismissed
Federal Child Porn Possession
Mandatory Prison Time Avoided
Attempted Murder
Charges Dismissed
Google Reviews
kevin tabronkevin tabron
00:07 08 Sep 22
In one of the most stressful times in my life, Rossen Law Firm was there for me. Leaving no stone unturned they provided patience and knowledge in every detail of my case. I’m very thankful and proud of this law firm family and especially of my lawyer, Scott Simmons for guiding, defending and helping me in every way possible. He and this law firm family come highly recommended from personal experience!!!
Jason HigleyJason Higley
15:24 26 Aug 22
I had an unfortunate situation with a family member that lead to my arrest and being charged with DV Battery. This was the first time I had ever been arrested so I was very nervous and afraid of what was going to happen to me. After talking with Adam I decided to retain him and let me tell you this was the BEST decision I could have ever made. Adam made me feel so comfortable and confident that everything will turn out the best in my favor. He is professional, ethical and supportive. He was always available too answer any questions or concerns.Not to mention, his team at the office is awesome they are so friendly and welcoming. Anytime I had a question when I called the office they were able to guide me in the rightdirection. They always were in contact with me with any information or updates regarding my case. Adams team is GREAT!Adam delivered, my case was DISMISSED. So if you want an attorney the is gonna fight for you and get the job done retain the BEST there is Adam Rossen!!!
Felix I HFelix I H
13:27 28 Jul 22
Adam Rossen and the team at Rossen Law took great care in handling my case. They are very professional, and get the job done. I was particular relieved to see just how much empathy they showed with me, and how effortless it was to be their client.I literally visited them twice. My initial consultation, and then to pickup the final docs. I have nothing but great things to say about these folks, and I would highly recommend them to anyone. Thanks Guys.
Terry ChristopherTerry Christopher
12:32 09 May 22
I had an amazing experience with The Rossen Law Firm. The staff were very professional. Attorney Susan Lawson went above and beyond working on my case. We were thoroughly prepared for trial. Mrs. Lawson reviewed hours of body and dash camera footage multiple times and aggressively performed depositions on witnesses and law enforcement.The final outcome for me was the state dropped my case, due to the great work Susan and the Rossen team performed. I didn’t even need to go to trial.This law firm does not play around. They pay attention to detail and they FIGHT FOR YOU!Thank you Adam, team, and a special thank you to Susan for your amazing work! I really appreciate you.
Ketiana ProvinceKetiana Province
20:27 23 Mar 22
My experience with Rossen Law Firm was excellent. From the consultation to the end.. My attorney Susan Lawson gave my son's case all the time and attention that was needed to be successful in court. She was confident during all the court proceedings. My favorite part was when she said we are family, never once my son and I were treated other then that. I very much appreciate the knowledge and support I received through Rossen Law Firm.
js_loader