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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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This week, a Mulberry man was arrested for Driving Under the Influence for allegedly riding his bike down the street while impaired.  Can a person get a DUI while riding a bike in Florida?  Yes!

In Florida, a person is guilty of DUI if they are driving a “vehicle” while impaired.  Notice that “motor vehicle” is not used in this statute.  The definition of a “vehicle” determines whether or not a bicycle would qualify for a DUI, which is:

“Vehicle’’ is every device, in, upon or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.  Florida Standard Jury Instructions 28.1.  Florida courts have also held that a bicycle qualifies for a DUI.  State v. Howard, 510 So.2d 612, (Fla. 3d DCA 1987).  This person could be charged with DUI.

Whether or not the prosecutor can prove was guilty beyond a reasonable doubt, and whether the DUI investigation was conducted properly by the police is a question for the court and jury.

How weak is this “DUI case?  It’s only a bike and more importantly, he had a breath test level of 0.04!!!  At that level a driver, or in this case a bicyclist, is PRESUMED NOT IMPAIRED under the law!!!  The DUI officer allegedly requested a urine sample, but what many officers do not realize is that just because someone blows under the legal limit, does not mean the officer can request a urine sample to determine the presence of drugs or a controlled substance.  From the police report it does not appear that a Drug Recognition Officer (DRE) was called in to conduct a Drug Influence Evaluation (DIE) in this DUI case.  That means that the Polk deputies did not do a complete and thorough investigation and did not even try and develop probable cause that the guy on the bicycle was under the influence of drugs.

Just because a driver blows under 0.08 does not mean that he must be under the influence of “something.”  Usually, it means the DUI officer made a mistake and a wrongful arrest.  I find many times officers that do not know how to properly conduct a DUI investigation and the field sobriety exercises according to the NHTSA manual.  These mistakes lead to people wrongly being arrested for and accused of DUI!

If you have been arrested for DUI, call an attorney that knows the DUI laws and how a DUI investigation should be properly conducted. If you’re looking for a fighter, call me!

DON‘T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

CALL POLK COUNTY DUI ATTORNEY THOMAS C. GRAJEK NOW !!!

 863-838-5549 cell

 

Because you only have 10 days to request a Formal Review! 

Tags: breath test CALL DCA DON drugs DUI Florida Standard Jury Instructions NHTSA Polk County Sheriff

09

Aug 2013

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.