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DUI Recent Wins
DUI - Not Guilty after Jury Trial
A cop saw him leave a bar. He picked up a woman who needed a ride.
She was not a prostitute. However, he said he wanted a blow job. She
needed a ride home. She started to give him a blow job. The cop
pulls up beside the car and notices her head going up and down. The
officer said he reeked of alcohol, had bloodshot eyes, slurred
speech and was unsteady on his feet. However, he was polite and
cooperative with the officer. The second time was the charm for my
client. His DUI was tried by another attorney the first time, which
resulted in a hung jury. After I tried the case, a jury found him
not guilty after mere minutes of discussion.
DUI dropped to Reckless Driving -
Motion to Suppress Blood Results GRANTED
The client was driving was driving recklessly and completely totaled
his car. He rammed it into a tree. He kept saying "I'm sorry" to the
officer at the scene. The officer noted he had bloodshot eyes,
slurred speech, a bloody chin and red marks on his chest. The red
marks, according to the officer, were consistent with an air bag
being deployed. The client was taken to the hospital. He was read
implied consent. He initially agreed to let the nurse take his
blood. However, when they went to take it he said "I know my rights,
I want to speak with my lawyer, you're going to have to kill me if
you want to take my blood." The nurses and cops held him down and
drugged him up. Then they took his blood. The reading came back
.156, almost exactly twice the legal limit of .08. I filed a motion
to suppress the blood, saying the taking of the blood was not
voluntary and the client's injuries did not amount to serious bodily
injury. The judge agreed and granted the motion to suppress. Two
days later, I negotiated a reckless driving for the client. The
terms of the negotiated plea did not include a license suspension,
car immobilization or random testing for alcohol or drugs at his
expense.
DUI - State concedes motion to
suppress and drops DUI
The client was a decorated World War II veteran. It was an absolute
honor to represent him, as my grandfather was also a decorated World
War II vet. In court, I kid you not, people actually saluted him
like he was a hero. He was a hero. He loaded the atomic bombs that
went to Hiroshima and Nagasaki. Although those bombs killed many
people, they saved countless American lives and brought the war to
an end. I filed a motion to suppress the stop and seizure of my
client. The motion was so strong that the Prosecutor agreed it was a
bad stop. The stop was based on a BOLO (be on the lookout for) a
certain vehicle and the description of the individual and direction
of travel did not match. There was no mention in the BOLO of whether
the client was White, Black, Hispanic, Asian, or a description of
his clothing. Also, the direction of travel was not consistent with
the BOLO.
DUI - All charges dropped
Although my client had been drinking, the State could not prove that
my client was the driver of the car. I also won the department of
motor vehicles hearing. My client got his license back.
DUI WITH COCAINE - Not Guilty after
Jury Trial
The client was rip-roaring drunk and had a trace amount of cocaine
in his system. I filed a motion to keep the witnesses from
testifying about the cocaine. The judge granted my motion. The state
failed to prove beyond all reasonable doubt that my client was in
actual physical control of the vehicle.
DUI WITH AN ACCIDENT- Motion to
Suppress the Breath Results GRANTED
DUI with an accident. Judge Barry Cohen suppressed the extremely
high breath readings of .265 and .253 because the State violated my
client's constitutional rights based on Shiver v State, 30 FLW D653
(FL 1st DCA March 8, 2005). Judge Cohen opined that "Because it has
been established in Shiver that the breath test affidavit contains
testimonial hearsay evidence, the admissibility of the affidavit
alone would constitute a violation of the Confrontation Clause."
DUI - Not Guilty after Jury Trial
The client was observed striking a median, making an abrupt lane
change, making a wide turn and again striking the shoulder of the
road. The officer turned on his lights, but the client made no
attempt to stop. Eventually, the client stopped. The officer noted
he smelled of alcohol, was having a hard time standing, and was
leaning against the car for support. The client performed poorly on
the roadside exercises, but refused the breath test. He stated "I
only had two beers." His speech was slow and slurred. At trial, the
jury agreed with me that there was a lack of evidence to convict.
The government did not prove their case beyond all reasonable doubt.
DUI - Sentence reversed and vacated
on appeal
At trial, the judge limited cross examination questions. We
successfully argued that the state went into new material on their
re-direct examination. We were entitled to cross the officer about
it. We proffered the questions we would have asked. The appellate
court agreed and reversed the client's conviction. When the case
came back from the appellate court, the client got a reckless
driving offer.
DUI - Not Guilty after Jury Trial
The client swerved erratically, jerked the car back into another
lane, crossed the dividing line between lanes. He had bloodshot,
watery eyes, slow, slurred speech, odor of alcohol on his breath,
couldn't find his driver's license, and fumbled through his papers
looking for his insurance and registration. He admitted to playing
pool and having "a few beers." At trial, we proved to the jury why
he had slurred speech. He was born with a speech impediment. It is
not against the law to drink and drive so long as you don't blow
over a .08 or your normal faculties are not impaired. The jury heard
him speak. He always speaks with a lisp. He performed poorly on the
roadside exercises.
DUI - Not Guilty after Jury Trial
My client was caught speeding, driving erratically. He performed
poorly on the roadside exercises. I filed a motion in limine, which
was granted, to keep out statements he made on video that
incriminated him in a prior DUI. Not guilty in ten minutes
I take DUI Cases to trial
As a West Palm Beach DUI criminal lawyer, I hold the record for the
most number of jury trials ever tried in one year at the Palm Beach
public defenders office. Source, John Rivera, chief of county court,
Palm Beach public defenders office. Most of those trials were DUI
jury trials. I am board certified specialist in criminal trials.
Less than 1% of all lawyers in Florida are board certified.
My DUI Publications
I am a published author of Stopped for
DUI? Here's What to Do.
From Playtime Magazine, February 2004
Hire a DUI lawyer right away
In Florida, you must hire a DUI criminal attorney within ten (10)
days of your arrest. If you don't, your license will be suspended
administratively through the Department of Motor Vehicles. I may be
able to help you keep your license.
It's possible to keep your license
The only way you can possibly get your license back is if you hire a
DUI criminal defense lawyer right after you are arrested. Time is of
the essence. You only have 10 days from the date of arrest to demand
a formal review hearing. This is your only opportunity to get your
license back. If you don't, your license will be suspended. If this
is your first DUI, one huge benefit is you will receive a temporary
drivers license, usually within a week of filing for the formal
review hearing. At the formal review hearing, I will cross examine
the cops, breath technicians, and other witnesses to help you keep
your driver's license.
I can show up for you at court
If retained early enough, you won't have to show up for your
arraignment and some other hearings. You will be able to work or go
to school while I appear for you.
Consequences of a DUI Conviction
All convictions for DUI in Florida, commonly called drunk-driving,
have severe consequences. Upon conviction, your license will be
revoked (this is a separate revocation for the criminal conviction),
making it hard for you to work. Also, your insurance rates will go
up.
Other consequences can include:
- jail or prison
- driver's license suspension or revocation
- fines
- court costs
- your car being immobilized
- an interlock device placed on your car
- probation
- attending DUI school
- following all recommended alcohol/drug treatment
- random testing for alcohol and drugs
Enhancements for DUI
The penalties get worse the more times you are caught driving under
the influence. Also, the penalties increase if there was an
accident, serious bodily injury, or death of another, even if the
death was unintentional.
Alternatives to Jail
Sometimes it is possible for me to negotiate alternatives to jail.
Some alternatives to jail can include:
- house arrest
- work release
- electronic monitoring
- day for day credit in a rehabilitation facility
Breath Machines
Breath machines require regular maintenance. I convinced a Palm
Beach county judge to suppress two breath readings of .265 and .253.
That's over three times the legal limit of .08! Why?
because the government violated my client's constitutional rights
based on Shiver v State, 30 FLW D653 (FL 1st DCA March 8, 2005). The
Judge opined that "Because it has been established in Shiver that
the breath test affidavit contains testimonial hearsay evidence, the
admissibility of the affidavit alone would constitute a violation of
the Confrontation Clause."
Should you blow into the breath
machine?
Generally, no. The Intoxilyzer 8000 (breath machine) is not
accurate. In Florida, litigation is ongoing regarding the revealing
of the source code of the 8000. Some counties in Florida have thrown
out every breath reading because the source code has not been turned
over to defense counsel. Also, why give evidence to the state
attorney? They are just going to use it against you. Reasonable
doubt arises from the evidence, lack of evidence and conflict in the
evidence. If you blew >.08, your license will be suspended for at
least 6 months. If you refused the breath, blood, or urine test,
your license will be suspended 12 months for the first refusal and
18 months for a second refusal.
Different Ways to Beat a Florida DUI
DWI Drunk Driving Charge
If the police violated your rights, there may be a motion to
suppress evidence filed in your case. If the motion is granted, your
case might be dismissed. Another way to beat a DUI DWI Drunk Driving
Charge is to take it to trial and win. I take DUI cases to trial and
I don't charge extra. That's the fun part for me. DUI cases are
often times more complex than most felony cases. As such, there are
many viable ways to beat a DUI/DWI case.
I look into whether:
- police violated your constitutional rights under the fourth,
fifth and sixth amendments to the constitution
- police followed proper procedure
- your Miranda rights were read to you at the appropriate time
- the breath machine was maintained and working properly
- police have proof of you behind the wheel or in actual
physical control of the vehicle
- the State can prove beyond all reasonable doubt that you are
guilty of DUI
- the roadside tasks, breath results and your statements can
be thrown out
There is strong lobby from MADD (Mothers Against Drunk Drivers).
It seems like every time MADD recommends an amendment to the DUI
statute, it passes.
Contact Grey Tesh
Palm Beach DUI lawyer
Florida DWI Drunk Driving attorney
DWI lawyer
I help good people charged with DUI DWI Drunk
Driving charges in West Palm Beach, Miami, Fort Lauderdale, Fort
Pierce, Stuart, Martin County, Port St. Lucie, Vero Beach,
Jacksonville, Tampa, Orlando, Tallahassee, and all state courts
throughout Florida.
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driving, drunk traffic accident lawyer, intoxicated driving lawyer,
defenses for driving intoxicated, DUI manslaughter lawyer, DWI
manslaughter attorney, You have only thirty (30) days in Florida to
file a notice of appeal to a drunk driving DUI conviction. If you
want to appeal a DWI conviction, you must contact
a DUI DWI criminal appeals attorney immediately as time is of the
essence.
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