 |
Driving Under the Influence in Hernando County, FLHernando County DUI Lawyer
|
If you have been arrested for drunk driving (DUI) call us today to discuss your case. During your initial consultation we can discuss the facts of your case, explain the possible punishments and other consequences of a DUI conviction, and develop a strategy to fight the charges against you in Brooksville, Hernando County, FL.
Scandal at the Hernando County Sheriff's Office and the Alcohol Breath Testing Program
Find out more about newly discovered evidence showing serious problems with the alcohol testing program at the Hernando County Sheriff's Office. This scandal impacts DUI convictions between August of 2010 and May of 2011 which may be reversed after the abrupt resignation of Fran Greifenberger, Hernando County's breath test operator and agency inspector. Find out more about former breath test operators status as an "independent contractors" with a confidentially clause written into her contract.
After Your Arrest You Only Have 10 Days to Demand a Formal Review Hearing to Protect Your Driver's License
Remember that you only have 10 days after your arrest to file a request for a formal review hearing with the Florida Department of Highway Safety and Motor Vehicles. If you fail to do so, your driver's license will be automatically suspended for a period of at least six (6) months for a breath test reading over the legal limit of 0.08 or for a period of at least one year for an alleged refusal to submit to chemical testing case.
If your driver's license is administratively suspended in Hernando County, Florida, you may be apply for a business purpose only or hardship license after serving out a "hard suspension" period during which you can not drive for any reason. If you took the breath test and blew over the legal limit, then a 30 day hard suspension will result for a first DUI. If you refused to take the breath test, then at least a one year suspension will result after an administrative suspension.
The Benefits of Hiring an Attorney Early in the Process to Fight your DUI Arrest in Hernando County, FL
Hiring an attorney early in the process allows you to fight the administrative suspension of your driver's license. At the formal review hearing your attorney can subpoena all of the law enforcement officers that were involved in your arrest. Other witnesses can also be forced to testify, including the breath test technician and civilian witnesses.
Your DUI attorney for Hernando County can also subpoena records related to the officer's training and calibration of the breath machine. Additionally, your attorney can question these officers under oath to lock them into their testimony, and explore defenses that can later be used at trial.
The testimony can later be used to prepare motions to dismiss, or motions to suppress or exclude evidence during your DUI trial in Hernando County, FL. This formal review hearing is particularly important in misdemeanor DUI cases because your DUI attorney does not normally have the opportunity to take a deposition of the officers involved in your arrest before a motion hearing or trial.
For many, the formal review hearing is the most important part of the DUI case. The hearing takes place within 45 days of your arrest, so it is important to act quickly after a DUI arrest to preserve this important avenue of attack.
Wining your Hernando County DUI case through Motions to Suppress and Motions to Dismiss
In many DUI cases in which a viable motion can be filed, the best results occur after your attorney has filed a motion to suppress or exclude evidence, or potentially a motion to dismiss. Learn more about potential defenses that may apply to your DUI prosecution by contacting an experienced DUI lawyer who is experienced in fighting cases in Brooksville, Hernando County, Florida.
Special Motions to Fight the Breath Test Case in Hernando County
Many individuals arrested for DUI in Hernando County with a breath test reading over .08 believe that it is impossible to win at trial, particular if they have a high blow over .15. Many of these case are reduced after putting up an aggressive fight to show that the test result reading are inaccurate. Our DUI attorneys take scholarly approach to attacking the Intoxilyzer 8000, the machine currently used in Hernando County.
DUI Attorneys through the State are fighting to obtain the "source code" of the breath machine. The source code is the 50,000 lines of computer code that allow the machine to give a reading. Called the "mysterious machine," many people are shocked to learn that the manufacturer of the machine refused to release the source code, even to the Florida Department of Law Enforcement that is charged with purchasing and maintaining the machine.
The FDLE and prosecutors throughout the State have take the position that they haven't seen the source code and do not need to see it. They trust the machine. However, defense attorneys argue that it is impossible to understand how the machine works or explain all of the well-documented glitches in the machine without looking at the source code.
In every DUI case involving a breath test reading, we file numerous motions to attack the breath test machine which has resulted in the DUI charges being dropped or dismissed, including the following motions:
- Motion to Compel the Production of the Source Code or Exclude the Results of the Breath Test;
- Motions to show that the breath test machine used in Hernando County can not be considered an "approved machine" because of the following issues:
- The FDLE Rules improperly delegate legislative authority the Florida Administrative Act;
- The FDLE Rules were not properly promulgated;
- The FDLE Rules are not scientifically sufficient to provide reliable results;
- Substantial modifications" have been made to the Intoxilyzer 8000 in the form of software updates after the machine was allegedly approved without any attempt to recalibrate the machine;
- For all these reasons, the machine can not be counted as an "approved" under Florida law which is required for the admission of the results at trial.
- Motion to have an expert for the defense inspect the machine, including the computer and electrical components, as well as the source code and software to ensure that it meet with scientifically acceptable standards.
Similar motions have resulted in thousands of breath test cases being thrown out in several counties throughout Florida, including Seminole County, Orange County, and Sarasota County. Many Hernando County DUI Lawyers believe it is just a matter of time before the courts in Hernando County take a similar position.
Schedule Your Free Consultation Over the Phone or In the Office Today
Contact the Sammis Law Firm today to fight out what steps you must take in the 10 days after your arrest to preserved all of your options for the best result in your Brooksville, FL, driving under the influence or drunk driving (DUI) case. Find out how our Criminal Defense Attorney for Hernando County can help you fight the serious criminal charges pending against you,
Look Up Details Related to Your DUI Arrest in Hernando County, FL
✔Criminal and DUI Cases in Hernando County
✔Traffic Tickets in Hernando County
✔Arrest and Jail Records from the Hernando County Sheriff's Office
DUI Information Center
Florida DUI Penalities and Punishments - If you have been arrested for a DUI in Brooksville, Florida, find out more about the possible penalties and punishments that can follow a DUI conviction under Florida law.
DUI Administrative Hearings - Find out more about protecting your driver's license administrative suspension that can otherwise occur after your arrest in Brooksville, Hernando County, Florida, even if you are not ultimately convicted of DUI.
DUI Refusal Cases - Find out more about DUI arrests that occur after an alleged refusal to submit to a chemical test of your blood, breath or urine. Special considerations apply to DUI refusal cases in Brooksville, Florida. Find out more about the "good news" and the "bad news" about an arrest for DUI after an alleged refusal.
Defending Women Against DUI - If you are a woman arrested for DUI in Brooksville, Hernando County, Florida, visit this page for more information about special defenses and considerations that can apply to defending women charged with DUI.
DUI Roadblock or Checkpoint Cases - Where you arrested during a roadblock or checkpoint in Hernando County or Brooksville, FL? Visit this page for more information about filing and litigating a motion to suppress all evidence that occurred after a roadblock or checkpoint case.
FR-44 Insurance - What are the real costs of a DUI conviction after a DUI arrest in Brooksville, FL? Find out about how much your insurance will go up after a DUI conviction.
Felony DUI with Serious Bodily Injury - Where you arrested for the felony DUI charge of DUI with serious bodily injury in Brooksville, FL. If so, visit this page to find out more information about defenses that can exist to felony dui charges.