Tag Archives: DUI

Lakeland DUI attorney Thomas C. Grajek quoted in Ledger article.

Today's Ledger has another article regarding the problems with Lakeland Police department and their DUI unit that I discovered.  This deals with the problem with Lakeland's DUI police reports.  The article dealt with LPD's "internal investigation" regarding ... Read more

Polk County Sheriff deputy arrests man for DUI for riding a bicycle with only a 0.04 BREATH TEST LEVEL!!!

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 ... Read more

Police Department investigates its own DUI unit. What’s wrong with this “investigation”?

After the prosecutor dropped the DUI arrest of a lawyer involved in the Bubba and MJ lawsuit, there has been increased scrutiny on the Tampa Police Department's DUI unit.  The charges were dropped because the prosecutor determined that the lawyer had been set... Read more

Investigation into LPD continues

The Lakeland Police Department was in the news again tonight.  Fox New Tampa Bay did a story on the investigation of LPD.  The focus this time was on LPD's internal affairs division.  An officer was reassigned from that division.  This again delat with the... Read more

Lakeland DUI cases to be dismissed in Polk County

As a follow up to yesterday's News Channel 8's story on LPD, The Ledger is reporting that "The letter also said Hill will no longer accept testimony from Sgt. Raymond Lloyd and Officer David Edds.  In addition, nearly 40 pending DUI cases will be dismissed." ... Read more

News Channel 8 continues investigating Lakeland PD

Last night News Channel 8 did a story regarding the Lakeland Police Department.  The station reported a "bombshell" announcement regarding further problems at LPD.  You can see the story at this link:http://www.wfla.com/story/22856459/lakeland-police-sca... Read more

Problems at Lakeland Police Department continue

The ongoing problems and investigation into the Lakeland Police Department continue.  The Ledger reported today that the State Attorney for the 10th Judicial Circuit issued a "No Confidence' letter for two LPD officers.  You can read the article here: http:... Read more

Polk DUI attorney files Response to DHSMV Response to Formal review writ.

Today, I spent over 12 hours (on a Saturday) preparing my Response in a writ I filed against the Dept. of Highway Safety and Motor Vehicles (DHSMV).  My client lost his Formal Review and filing a "Writ of Certiorari" is the means by which a driver appeals the... Read more

Florida DUI law changes for hardship license if arrested for DUI

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.  The Florida legislature has now changed the law that ca... Read more

Article in the Ledger gives a thorough review of problems at Lakeland Police Department

The Lakeland Ledger did a very thorough investigation into the on-going problems at the Lakeland Police Department.  These issues include my DUI case regarding how DUI reports are completed in criminal cases, bra-shaking searches conducted by patrol officers,... Read more

Lakeland DUI arrest gets massive news coverage after DUI trial.

This week I obtained a NOT GUILTY verdict after a jury trial in my client's Lakeland DUI arrest.  Due to my investigation into the Lakeland Police Department's procedures in DUI cases, the news picked up on this story.  My preparation for the case and cross-... Read more

Lakeland DUI Attorney Thomas C. Grajek in the news

After my Lakeland DUI trial on Tuesday, the Ledger and Channel 8 news started taking a closer look at the procedures used by Lakeland Police Department.  Read the Ledger article here:http://www.theledger.com/article/20130620/NEWS/130629985?tc=cr&tc=ar... Read more

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 ... Read more

George Zimmerman trial starts tomorrow with jury selection the most important part of a criminal trial

George Zimmerman is charged with 2nd degree murder for allegedly killing Trayvon Martin last year.  Get ready for a deluge of media coverage for another Florida “crime of the century” after the Casey Anthony trial.What exactly is jury selection or “... Read more

Bartow DUI lawyers explain where to sign up for DUI School if arrested for DUI in Polk County

The majority of people arrested for DUI in Polk County will have to enroll in and complete DUI School.  DUI is substance abuse treatment program.  In a DUI case this usually means substance abuse counseling for alcohol.  A DUI may be based upon controlled s... Read more

Polk Criminal Lawyer Thomas C. Grajek attends NACDL Forensics Evidence seminar on DNA evidence

In April, I attended the NACDL legal seminar "Making sense of Science."  This continuing legal education seminar focused on how science plays a role in criminal cases.  A main topic was DNA evidence in criminal cases.  This evidence is found in rape or capi... Read more

Undercover police officers fired for drinking and hanging out in strip club while on duty

Two undercover Tampa Police Department officers were fired today for hanging out and drinking in a strip club while on duty.  Officer Ortega and Officer Madsen were in a strip club drinking.  When it was time to go to work, the officers logged into work rem... Read more

Intoxilyzer 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 comin... Read more

NTSB 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 ... Read more

Refusing to submit to a breath test can be a separate criminal offense in Florida

Many Floridians do not realize that refusing to take a breathalyzer test is considered a separate criminal offense. It is not a DUI defense.It may come as a shock to Florida drivers who are stopped for suspicion of driving while under the influence (DUI), ... Read more

Polk 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: ... Read more

Polk 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 suspe... Read more

Winter Haven DUI attorney challenges breath test results and DUI investigation in court

On Thursday, I was in the Winter Haven court house fighting a DUI for my client.  Many people do not understand what a DUI attorney does to defend someone accused of DUI.  An experienced DUI defense attorney will get the videos and police reports in your cas... Read more

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 ... Read more

How 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 d... Read more

Lakeland DUI lawyer challenges breath test in court Polk County driving under the influence case

My client was pulled over by an officer of the Lakeland Police Department DUI squad.  After taking the field sobriety tests, the driver was placed under arrest for DUI.  In Polk County and Florida, it is only after you have been placed under arrest for drivi... Read more

Polk 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 susp... Read more

Polk County DUI with Serious Bodily Injury defense attorney Thomas C. Grajek

DUI with serious bodily injury is a third degree felony which carries a maximum of 5 years in prison. This crime is taken very serious by the Polk County State Attorney for the 10th Judicial Circuit.  These DUI crimes are tragic and often filled with emotions... Read more

Difference Between Adjudicated Guilty and Withhold Adjudication for Sealing and Expunging Arrest

Adjudicated Guilt in Florida Explained General Adjudication of Guilt vs. Withholding GuiltDuring the sentencing phase of a criminal trial the judge has the option of adjudicating a person guilty or withholding adjudication (withholding guilt).  This tran... Read more


New development in the arrest of DJ MJ Kelli’s attorney and his DUI arrest.  Was the lawyer entrapped into committing DUI? If you are set up to commit a crime, is that a defense to the criminal charge?  Things are getting interesting at the shock jock tria... Read more