Last week, I attended the National Association of Criminal Defense Lawyer's (NACDL) DUI seminar. I am also a member of the Florida Assoc. of Criminal Defendant Lawyers. It is important that you retain an attorney who is a member of these organizations. These criminal defense organizations allow us to network, educate criminal attorneys, and share...
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Aggressive Polk County DUI lawyer argues DUI motions to suppress in court
Yesterday, I was in court all day before arguing various motions to suppress in my client's DUI case. Many people arrested for DUI or a criminal offense do not know what a criminal defense attorney does for them in court. Many people charged with DUI also do not know what it means to mount an...
Read MoreIntoxilyzer 8000 seminar Provided by Forensic Alcohol Consulting & Training completed by Polk County DUI Lawyer
On Friday, I attended a seminar specifically dealing with the Intoxilyzer 8000, the official Breath Test machine used in Florida. Prosecutors like to call the machine a breath test instrument, but we all know it's a machine with many problems and short comings. By attending these seminars, it allows me to keep up to date...
Read MoreNTSB porposes lowering the legal limit in DUI cases to 0.05 from 0.08
Last week, the NTSB proposed lowering the legal limit for Driving Under the Influence cases from 0.08 to 0.05. In Florida, the legal limit is 0.08. Also in Florida, a driver with a breath alcohol under 0.05 is presumed to not be impaired. The NTSB feels that lowering the limit would help cut down on...
Read MorePolk county DUI arrested by Florida Highway Patrol
Friday, I had a "Formal Review" for a Polk County sheriff DUI case. The hearing was held at the Florida Highway Patrol station in Lakeland in one of the FHP strategy meeting rooms. On the bulletin board of the room was written the following: The Florida Highway Patrol (FHP) is arresting a lot more drivers...
Read MorePolk County DUI Thomas C. Grajek attorney files writ challenging "Formal Review" DUI license suspension
My client was arrested for DUI by the Florida Highway Patrol. I was able to get a copy of the video and police reports for his case. Because my client retained me within 10 days, I was able to request a “Formal Review” to fight the administrative suspension of his driver’s license for allegedly having...
Read MoreLakeland DUI lawyer challenges breath test results and DUI investigation in Polk county court
Many people arrested for DUI or any crime for that matter, often ask “Do I have a good case?” They want to know if they can get their case dismissed or get a great plea bargain so that they plea to a lesser crime, do not go to jail or prison, or end up on...
Read MoreRefusal to submit to breath testing special verdict form
I recently posted about a case I just tried regarding a Polk County DUI case. If a driver has previously refused to submit to testing, they can be charged with a crime in addition to the DUI. The refusal can be for a breath test on the Intoxilyzer 8000, a urine test, or a blood...
Read MoreHow to sign up for a Formal Review for your Polk County DUI arrest
You only have 10 days to request a “Formal Review” to challenge the administrative suspension of your driver’s license for blowing over 0.08 on the breath test machine or refusing the breath test. Unfortunately, many people do not realize this 10 day deadline and fail to request a Formal Review to fight the 6 to...
Read MorePolk County DUI attorney explains if breath test will be thrown out of court based on "source code"
This week, the Florida Supreme Court heard oral arguments regarding the breath test machine used in Polk County, Florida. At issue is the software that runs the Intoxilyzer 8000 breath test machine that is used in all Polk County DUI arrests. If a suspected DUI driver is not allowed to have an independent review of...
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