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FAQ

The most important question that you can ask is:

  

“Who in the office will actually be handling the case, and what are their qualifications?" 

 

The lawyer that you are speaking with, in many cases, may not actually be the person who does the work on your case, or who will be your lawyer at trial.  Many law offices use what is referred to as the “team approach,” which is when the lawyer you hired is not always the lawyer who is going to represent you in court. Many firms will try to convince you that any lawyer on the team is as equally qualified as the lawyer with whom you have met. Look at it this way, Udonis Haslem and Kelly Olynyk are both teammates of Jimmy Butler. If you were the coach of the team, would you feel just as comfortable with Haslem & Olynyk at the helm or would you feel much more comfortable having Jimmy Butler. When you hire Alan S. Bernstein P.A., your case will not be passed on to someone else.

 

You may have strong, valid defenses if you answer YES to any of the following questions:

 

1. Did you appear sober on video despite having some drinks and being scared or exhausted?

 

2. Did the officer confuse fear and/or exhaustion with intoxication?

      

3. Did you perform roadside exercises near passing cars?

 

4. Did you do well on the roadsides?

 

5. Were you wearing contact lenses while taking the roadside exercises?

 

6. Did the glare from the law enforcement officer’s overhead lights make you dizzy or blind you?

 

7. Were you involved in an accident?

 

8. If you were involved in an accident, did you suffer injuries that might have caused the law enforcement officer to mistakenly believe you were drunk?

 

9. Did officers watch you twenty minutes before you took a breath test?

 

10. Did you wear dentures during your breath test?

 

11. Did you have only a small amount to drink and refuse the breath test?

 

12. Did the officer mistake your fear or exhaustion for impairment?

 

13. Were the field sobriety exercises conducted on a surface that was flat, dry, well-lit, and free of debris and protected from the wind?

 

14. Do you have injuries or illnesses that may cause balance difficulties? (ex. Hip, knees, back, joints or any injury that could effect your balance?)

 

15. Were you not informed of your rights before answering questions, doing roadside exercises, or taking a breath test?

 

16. Do you have diabetes, hypoglycemia or any medical condition that may cause you to seem impaired?

 

17. Do you know people who would honestly testify that they saw you shortly before you were stopped and you were fine?

 

18. Did the officer wake you up from a deep sleep while you were stopped or parked?

 

19. Did the officer who stopped you have a reasonable basis for the stop? (ex. weaving within your own lane is not a reasonable basis on most occasions)

 

20. Did the officer fail to tell you your rights?

 

21. Does the officer have a history of problem behavior?

 

22. Were there distractions during the field sobriety testing?

 

23. Were you nervous or tired during the

testing?

 

24. If there was a video taping of the event, does it accurately depict your true state of sobriety at the time, or was it unfairly effected by perhaps traffic, poor lighting, noise, or lack of sound?

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25. Did the officer try to persuade you to take a breath test?

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26. Did the officer tell you that your license would automatically be suspended if you refused to take a breath test?

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27. Did the officer try to persuade you to take the roadside tests?

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28. Did the officer tell you to "keep blowing" during the breath test?

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29. Were you told you had to give a blood sample after an accident?

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30. Did the officers get a warrant for a blood sample after you were involved in a serious accident resulting in serious bodily injury or death?

 

If you answered yes to any of the above questions you owe it to yourself to have us review and analyze your case, explain your options and recommend a course of action. If you did answer yes any of these questions, your DUI charge could be dismissed.  There will be no charge for the consultation.

Can I Be Charged With DUI in Florida if the Car Was Parked?

 

One of the most confusing aspects about DUI offenses in Florida is that a person can be charged with the offense even if he or she was not driving. Under Florida law, if a person is in actual physical control of a vehicle while intoxicated, he or she can be arrested.

People have been charged with driving under the influence after pulling over to "sleep it off" in a parking lot. The courts can look at a number of different factors in determining whether the evidence is sufficient to overcome a motion to dismiss, including:

  • Whether or not the vehicle was running when the officer approached

  • If the keys were in the ignition

  • Whether the keys were located within easy reach of the defendant

  • Where the vehicle was parked

  • Whether the defendant was sitting in the driver's seat in an upright or reclining position

  • Whether the hood of the vehicle was hot, indicating the vehicle was driven recently

  • If the vehicle was operable or whether it could not be driven because of a mechanical problem

 

In many of these cases, your criminal defense attorney will argue that your initial detention was illegal since the officer did not see you driving and had no reason to detain you. Additionally, without sufficient evidence that you were in "actual physical control" of the vehicle, your attorney can file a "motion to dismiss" the DUI charge.

 

 

Unlawful Police Stops in South Florida

For a police officer to stop you on suspicion of DUI, they must have probable cause. Without probable cause, DUI charges may be overturned in court.

 

What is Probable Cause?

In order for a police officer to pull you over they need to have observed you exhibiting drunk driving behavior or committing a traffic violation. Without probable cause, drunk driving charges may be overturned in court. If a police stopped you for no real reason, they may have violated your rights.

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The following can give an officer probable cause:

  • Failing to maintain a single lane (weaving)

  • Speeding

  • Wide turns

  • Driving without headlights in the dark

  • Ignoring a stop sign or traffic light

  • Driving too slow

  • Erratic braking

  • Any other traffic violation

Alan S. Bernstein P.A. - with offices in Broward and Palm Beach - handling cases in the counties of Broward, Dade, Palm Beach, Hendry and Glades, understands the science of breath, blood and urine testing, as well as all facets of DUI Defense. Call right now for a free, no obligation consultation.  You only have 10 days to fight the suspension of your driver’s license.  Call right now! Call Alan S. Bernstein P.A. at 954-925-3111 or 954-347-1000 during the evenings and weekends.  

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