E3 How to Beat a DUI in Florida скачать в хорошем качестве

E3 How to Beat a DUI in Florida

E3 Beating a DUI Case in Florida We Beat the DUI case by winning a Motion to suppress. – The motion to suppress hearing was approximately an hour long, both cops testified. After hearing the testimony and my arguments The judge ruled - based upon the evidence presented to the court, the officers lacked the reasonable suspicion necessary to detain my client. I argued to the judge that the cops violated my client’s fourth amendment right and illegally seized him. The judge gave a split ruling meaning she granted my motion in part and denied my motion in part. I am going to talk more about that next! This is the final episode of a three part series following a case from beginning to end. If you haven’t seen episodes one and two. You can find a link to them right here. Facts: My guy is found in the driver’s seat of his SUV stopped on the side of the road. The cops knocked on his window - he fully cooperated with their investigation answered all their questions – Maybe he needs to watch a few Shut the F up Fridays videos! Anyway – They get him out of the car and get him to do the field sobriety tests. kkHe gets out of the car, performs horribly on the sobriety exercises – he even falls down, literally falls down during the one leg stand. Argued 1 - Illegal Stop I argued that the stop was an unreasonable constitutional infringement on my client’s fourth amendment right to be free from government intrusion and harassment. my client was doing nothing wrong. His car was stopped in his car on the side of the road – nothing illegal about that. There was no need for the officer to knock on the window. If the judge grants the motion to suppress the stop - I win. The exclusionary rule remainder of the evidence that derived from the illegal stop is excluded and can not be used against the client – meaning the case goes away. Ruling The judge ruled against me – She said – assuming arguendo that there was no violation of law with how and where the vehicle was stopped– the location and unusual circumstances surrounding the vehicle was parked warranted sufficient concern under for investigation or a welfare check. Argue 2 – No Reasonable Suspicion for Sobriety Exercises I next argued that there was no reasonable suspicion for the officer to conduct a DUI investigation. I am not going to go into all the details here, but I will give you this advice – it helps out to know what type of “DUI cop” you’re dealing with. Some cops wouldn’t make a DUI arrest if their life depended on it and others would arrest their spouse for DUI. Listen to this audio – what type of cop do you think you’re dealing with? Knowing what type of cop you’re dealing with is a huge advantage in preventing arrests roadside and winning in the courtroom. Two very different strategies – but knowing the type of cop you’re dealing with is important to both. If you’d like to check out my video on the different types of cops you can check it out here. (point) Ruling The Judge agreed – the officer’s request for roadside sobriety tests was an unconstitutional infringement not supported by the evidence. Since the officer’s continued detention was unconstitutional, any information learned, or evidence obtained during or after the illegal action is excluded from evidence in the upcoming trial. What does that mean? Since the judge ruled the stop was legal, the State can still proceed forward to prosecute my client. However, the evidence they will be allowed to introduce to the jury will be severely limited. The jury will never know about him falling down on the field sobriety tests, the jury will never hear about any bad walking, and they won’t hear the results of any breath test or even if a breath tests was offered. It’s against the rules of Criminal procedure to comment on suppressed evidence. We were finally able to Beat his DUI case Disclaimer: This video is intended as educational information only. Laws change and different jurisdictions recognize and interpret the laws differently. Further, legal advice is provided based upon the specifics of a particular case. Your case has unique facts that require individualized analysis. Law Office of Jeff Lotter, pllc 200 E. Robinson Street Suite 1140 Orlando, FL 32801 407-500-7000 www.lotterlaw.com    • E3 How to Beat a DUI in Florida