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Category Archives: Driving Under the Influence/DUI

Can we file a motion to dismiss a criminal case for lack of evidence?

Unfortunately, a motion to dismiss a criminal case for lack of evidence doesn’t exist.  Tampa criminal attorneys are often asked about this specific motion by their clients.  The bad news is this motion does not exist.  Florida Rules of Criminal Procedure provides several means to potentially dismiss a criminal indictment or information, but filing one […]

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Will my insurance help with the restitution in criminal case involving a car accident?

Restitution in criminal cases often involves questions as to whether one’s insurance will assist them in paying the money back.  Tampa defense attorneys are constantly asked about restitution because restitution is often one of the more significant financial obligations an individual is responsible for after a conviction in their criminal matter.  Florida Statute Section 775.089 […]

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How quick can I get my hardship license?

Many Tampa DUI lawyers are often asked about how quick someone can get their hardship license because of the ten-day limitation from their DUI arrest to get their hardship license.  As you can imagine, these folks are primarily concerned about being able to drive to work, school or the activities necessary for their day-to-day lives […]

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How can the State Attorney’s Office use the DUI urine test during my DUI trial?

As a Tampa DUI attorney, I am often asked about the role of a DUI urine test during the investigation and prosecution of a DUI trial. As we’ve discussed elsewhere in our blog – implied consent and Florida law provide for three approved chemical tests to determine the presence of alcohol and/or any other substances, […]

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Do the police have to tell me what I am charged with? Ask a Tampa defense attorney.

Absolutely not, Tampa defense attorneys are often asked about whether the charges can be dismissed because law enforcement didn’t advise the accused of the charges at the time of arrest.   Unlike the majority of questions posed concerning rights and arrest, this answer is simple and direct – no, they are not required to do so.  […]

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Is there a lower blood alcohol level for individuals accused of driving under the influence who are under 21 years old?

Tampa DUI attorneys are often asked about the blood alcohol level for individuals above 21, which is .08 for people above 21 years old. This information is well known because of the many public awareness campaigns the Florida Department of Highway Safety and Motor Vehicles has done to attempt to educate the public about the […]

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How can the State use my refusal against me in my Tampa DUI?

Many Tampa DUI attorneys are asked by their clients about the actual effects of their refusal in their Tampa DUI case. As we have discussed elsewhere on our Tampa DUI attorney blog, a “refusal” occurs when someone is given the chance to take a breath test and they refuse to do so. Aside from the […]

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Will the jury see the video of me from the night of my Tampa DUI?

Yes, the video of you pre-arrest, arrest and at central breath testing will be view by the jury during your Tampa DUI trial. Generally, it is one of the first pieces of evidence introduced by the State Attorney’s Office during a DUI trial. If the State isn’t admitting it, then it must be extremely beneficial […]

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What are motions in limine?

Tampa trial attorneys are often asked specifically about is meant by a motion in limine. Motions in limine are often discussed prior to trial regarding ensuring either the inclusion or exclusion of evidentiary matters. For example, in a Tampa DUI case, a Tampa trial attorney will likely move to exclude testimony and arguments concerning horizontal […]

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Upcoming DUI Checkpoints in Tampa, FL for June 2014

With summer finally coming along, DUI enforcement teams are certainly going to step up their patrols in our area. Tampa DUI Attorneys are often asked about the specifics of DUI checkpoints. These checkpoints lead to many DUI arrests throughout the greater Tampa Bay Area. Florida has very severe penalties for those convicted of DUI, Florida […]

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