Criminal Defense LawyerLakeland, Tampa, Lutz, FL
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Refusal 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 test.  The prosecutor always wants to try the refusal case because the prosecutor's burden is much lower than in the DUI case.  I requested a  special verdict form in the criminal refusal case.  Why?  Because I want to know exactly why the jury was reaching its verdict so that I could use these specific findings in the subsequent DUI trial.  If the jury found my client "Not Guilty" because there was no "probable cause" to arrest my client for DUI, how could another jury listening to the same facts and evidence possible find my client guilty of DUI under the much higher "beyond a reasonable doubt" standard?
The judge denied my request to have a special verdict form in this case.  This is an example though of the type of aggressive criminal defense that I do for my clients.  As a DUI lawyer, you have to object, file motions, and use every legal means at your disposal in order to win or get the best result for your client.  Doing the extra work gives you a better chance of winning your case.  Many people will call and ask why are my fees higher than other Polk DUI lawyers and this is just one reason.  It takes time and knowledge to research, prepare, and argue these types of motions.  You get what you pay for when it comes to criminal defense.  here is the special verdict form:

REFUSAL TO SUBMIT TO TESTING

To prove the crime of Refusal to Submit to Testing, the State must prove the following six elements beyond a reasonable doubt:
1. A law enforcement officer had probable cause to believe the defendant drove a motor vehicle in this state while under the influence of an alcoholic beverage to the extent the defendant’s breath alcohol level was .08 or higher.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
2. The law enforcement officer arrested the defendant for Driving Under the Influence.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
3. The defendant was informed that if she refused to submit to a chemical test of her breath, her privilege to operate a motor vehicle would be suspended for a period of one year, or, in the case of a second or subsequent refusal, for a period of 18 months.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
4. The defendant was informed that it is a misdemeanor to refuse to submit to a lawful test of her breath, if her driving privilege had been previously suspended for a prior refusal to submit to a lawful test of his breath.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
5. The defendant, after being so informed, refused to submit to a chemical test of her breath when requested to do so by a law enforcement officer.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
6.  The defendant’s driving privilege had been previously suspended for a prior refusal to submit to a lawful test of her breath.
_____  Element was proven beyond a reasonable doubt
_____  Element was not proven beyond a reasonable doubt
You are permitted to conclude that the defendant’s driving privilege had been previously suspended for a prior refusal to submit to a lawful test of her breath if a record from the Department of Highway Safety and Motor Vehicles shows such a suspension.
Definitions.
“Motor vehicle” means any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, motorized scooter, electric personal assistive mobility device, or moped.
“Probable cause” exists where the totality of circumstances, from the perspective of the law enforcement officer's knowledge, training and experience, gave the officer reasonable grounds and a fair probability to believe that a crime had been committed.
If you are charged with refusing to submit to a breath test in Florida, call and experienced DUI lawyer that is willing to do the work your case requires and fight for you in court!

DON'T HESITATE!!!   PROTECT YOUR RIGHTS!!! 

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

 863-838-5549 cell

 

You only have 10 days to request a Formal Review! 

 

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