Saturday, October 11, 2014

DUI / Breath / BAC / Breathalyzer / PTI / PTD / Diversion / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:  i was picking up my friend from the bar because he could not drive. i got tagged for erratic driving. i could understand why because my meds were wearing off and i have severe ADHD. i saw the police report and it was purely subjective evidence, and no video evidence was used, other than me going to jail. he also clocked my speed by using the pacing method. the alcohol smell he noted was actually coming from my friend. is there a good chance my case will get thrown out?

A:  You have a textbook DUI. 

There is a very poor chance that it will be "thrown out" (many a person has been convicted of DUI in FL on facts similar to yours) but your odds at a happy ending will exponentially increase if you locate and hire an experienced Ft. Myers area criminal defense lawyer to assist you in first determining whether or not viable defenses to the charges, affirmative or otherwise, exist, or whether there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges.

If not then its going to be a he said / she said case.... and those are tough.

Do yourself a favor and hire an experienced Ft. Myers area criminal defense lawyer who's practice centers around DUI litigation. These cases are almost always purely subjective, but that does not mean that you cannot suffer lifelong penalties.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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