Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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DUI Defense Archives

How Prosecutor Misstatements Overturn DUI Convictions

A defendant's right to a fair trial imposes important limitations on how prosecutors can characterize evidence or argue their case before the jury. If a prosecutor makes objectionable comments during trial, the court has wide discretion whether to let the comment slide or declare a mistrial and force the State to start its case over in front of a new jury. However, if a prosecutor repeatedly makes inflammatory or misleading comments, the cumulative effects of those statements may require the defendant to receive a new trial.

Can you get a hardship license in Florida?

Losing your license after having been convicted of driving under the influence can cause a significant impact on your life. Getting to work, school or all of the other important places you need to be can become a nightmare having to wait on public transportation or rely on others to drive you. Depending on the nature of your conviction, these challenges can last for several years. Yet is there a way to earn back your driving privileges (even if it is only on a limited basis)? 

Can Officers Without Jurisdiction Perform DUI Stops as a "Citizen's Arrest?"

Police officers have limited authority to conduct traffic stops when they encounter a driver suspected of DUI outside of their jurisdiction. Sometimes a "mutual aid agreement" between municipalities will allow police officers to make traffic stops and arrests outside of their city limits. An officer can also conduct a traffic stop if they are in "fresh pursuit" of a fleeing felon or misdemeanant from their own jurisdiction. Finally, a police officer may justify an out-of-jurisdiction stop as a "citizen arrest," based on their authority, not as a police officer, but as a private citizen.

Can drunk driving charges keep me from traveling?

If a law enforcement official recently pulled you over and accused you of driving while under the influence, you may be facing a great deal of anxiety and have many questions. Unfortunately, these charges could cause your life to spiral out of control in many ways, which is why the charges have to be handled appropriately. For example, you may be fired or find yourself unable to successfully apply for a certain position in the future. If you live in Jacksonville, Florida, you should go over your rights immediately and be aware of the different consequences that come with DUI charges, such as potentially preventing you from traveling.

Field sobriety tests not fully accurate

Florida residents know that the state's laws on driving under the influence are tough. While certainly it is important to keep people safe, it is equally important to protect the rights of everyone including those who may be accused of criminal actions. For their part, defendants must try to remember that an arrest is not the same thing as a conviction and therefore learning about their options for a defense after being charged with drunk driving is important.

What are field sobriety tests?

In Florida, you may be asked to complete field sobriety tests if you are pulled over and the officer has reason to believe that you may be driving while under the influence. But just what are field sobriety tests, and how are they utilized?

What is the legal limit in Florida?

When it comes to drunk driving charges, there are many things to consider. In fact, some people may be surprised to find out that the legal limit for drunk driving is lower than they expected for certain drivers, such as those who have not reached the legal drinking age. In Jacksonville, Florida, DUI charges can completely upend a person's life. For example, they may be sentenced to prison for an extended period of time, face harsh financial penalties or lose their job. To make matters worse, their record could return to haunt them years later, when they are applying for a job.

DUIs involving women

The number of drunk drivers on the roads in Florida may be decreasing each day. But the number of intoxicated female motorists is increasing. There are two million more female drivers on the roads than there are men, states Time.com. Traditionally, men were more likely to be apprehended for driving while drunk. Although males may make up the majority of DUI arrests across the country, recent studies show that more women are drinking alcohol and driving, regardless of the risks.

Can I refuse to take a breathalyzer?

You know the potential consequences of drinking and driving in Florida. However, that does not stop you from wondering if you have the right to refuse a breathalyzer. You may not have consumed enough alcohol to qualify as drunk. But there is an officer knocking on your window, asking you to step out of your vehicle for the test. If you value your driving privileges, you should consider abiding by their request.

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  1. Martindale Hubbell AV Preeminent Peer Rated for highest level of Provisional Excellence 2016 Best Lawyers Best Law Firms US News 2016 American College of Trial Lawyers William J.Sheppard Best Lawyers Lawyer of the year 2014 The Florida Bar Board Certified Best Lawyers|Best Law Firms US News|Criminal Defense: White-Collor|Tier 1|Jacksonville|2017
  2. Best Lawyers Best Law Firms US News 2017 AV Martindale Hubbell Peer Review Rated For Ethical Standards and Legal Ability Super Lawyers Best Lawyers Linking Lawyers And Clients Worldwide

Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
215 N. Washington Street
Jacksonville, FL 32202

Phone: 904-701-0589
Phone: 904-727-7191
Fax: 904-356-9667
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Regular office hours are 7:30 a.m. to 6:30 p.m.

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