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Always a defense attorney,
NEVER a prosecutor

MY PRACTICE IS DEVOTED TO THE DEFENSE OF CRIMINAL
CASES THROUGHOUT THE STATE OF FLORIDA

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Have you seen TV shows where a person is captured on video in a high speed chase or is suspected of being a drunk driver? You will not see that in a Polk County Sheriff DUI case. This is because the Polk County Sheriff does not use video in its DUI cases.

Why wouldn’t the Sheriff use the latest technology and provide a jury at the DUI trial with the video and instant replay so that the jury could see for themselves if the suspected drunk driver was actually impaired? Because when there is no video, it becomes the deputy’s word against the driver’s word!

BUT, THERE IS A VIDEO IN THESE CASES!!! When the driver is arrested for DUI, they are taken to central booking at the Polk County jail in Bartow, Florida.

THE BOOKING AREA IS VIDEOTAPED!

The video would show the driver being booked into the jail, walking around the booking area, standing at the jail, having their mugshot taken, taking off their shoes and socks, putting on their jail issued sliders, being fingerprinted, and interacting with the deputies arresting the driver and the booking deputies at the jail.

Under Florida law, whether someone is guilty of DUI depends on whether their not their “normal faculties” are impaired. “Normal Faculties” include the driver’s ability to see, hear, walk, talk, make judgments, and perform the many mental and physical tasks of our daily lives. EXACTLY WHAT THE BOOKING VIDEO WOULD SHOW!

The booking video is on a seven (7) day loop. Which means it tapes over itself every 7 days. The Sheriff is not preserving these videos for more than the 7 days. My research shows that Florida law requires that these videos be preserved for a minimum of 30 days! In addition, because it is evidence of an alleged crime (or that a DUI suspect actually is NOT GUILTY), law enforcement has a duty to preserve that evidence (video) so that a person arrested for Driving Under the Influence (DUI) can have the evidence they need to defend themselves against the DUI criminal charges in court.

Call 863-688-4606 and speak to an experienced criminal DUI defense attorney today. I can request your video if you contact me quickly or you may have a motion to dismiss your charges based upon a violation of your Due Process Rights under the Florida and United States Constitution.

 

 

Tags: dismiss DUI Polk County Sheriff video

25

May 2012

Fri

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Lakeland

112 E Poinsettia St Lakeland, FL, 33803

(863) 688-4606

Tampa

4107 N. Himes Ave #200 Tampa, FL, 33607

(813) 789-6404

Lutz

24140 FL-54 #101e Lutz, FL, 33559

(727) 457-8660

Testimonials

Thomas Grajek is a great lawyer

After my husbands DUI, I met with a couple of lawyers but NONE were as attentive as Thomas Grajek. Thomas was able to beat the DUI charge that I thought would be impossible. Not only did he save us money, he also helped put our lives back. I would recommend Mr. Grajek to anyone in our situation. Thsnkd Tom!!!

Thomas Grajek is a great lawyer

Excellent Attorney....called this attorney on a Saturday. He was quick to call me back and even gave me free advice as to how to handle the situation we were in. We ended up hiring him best decision we made. Would recommend this attorney to anyone.

Thomas Grajek is a great lawyer

Got a DUI a few months ago and got Toms name from a friend of mine.. I am more then satisfied with the way he handled my case and the way he kept me informed the whole time.. I got off on reckless with a with hold which i am more then happy to have on my record then a dui... He's a very down to earth guy and definitely trys to relate to where ur comin from.. I would with no doubt recommend Tom to friends and family... Thanks Tom ur the best!!!!!!

Thomas Grajek is a great lawyer

Great DUI Lawyer!! He got my DUI dropped to a reckless driving charge!! definitely went above and beyond for my case!!!He is very easily accessible and always promptly returned my phone calls/emails.

Thomas Grajek is a great lawyer

I have just moved to the Tampa area. I was intoduced to Tom after being arrested for a DUI. Within minutes of being bonded out Tom came to my place of employment with all needed documents to "get the ball rolling". He always kept me informed on my case and when the time came for my hearing, I plead guilty to wreckless and had no fines and very little commuity service. Thomas Grajek is a great attorney and I feel he would be a valuable assett in anyone's defense.