Duval County DUI
Don’t plead guilty. Before a person may be convicted of a crime, the State has the heavy burden of proving each and every element of its case beyond and to the exclusion of a reasonable doubt. The Defendant is not required to prove his/her innocence.
The United States Constitution, the State Constitution and Florida Statutes protect the rights and privileges of the accused. Your DUI case is no exception. However some rights or privileges may be waived and lost if you fail to take specific action within 10 days of the arrest.
The answers to the following questions could reveal a lack of strength in the States case and the existence valid defense(s):
I. Actual Physical Control
- Was the vehicle stopped when the officer arrived?
- Where were you when the officer arrived at the scene?
- Was the vehicle operable?
- Were you asleep or unconscious?
- Where was the key for ignition?
- Note: The State has the initial burden of proving that you were driving or in actual physical control of a vehicle.
II. Reasonable Articulable Suspicion
- Were you approached by the officer as a result of a road block?
- Did the officer cite you for any offense other than DUI?
- Were you asked to step Out of your vehicle without a reason?
- Did the officer deny your request to allow you to continue on your way?
- Note: In order for an officer to lawfully detain you for investigation, the State has the burden of showng that the stopping officer had a reasonable. articulable suspicion that a crime has been committed or is about to be committed.
III. Probable Cause
- What were the officers questions and/or comments?
- Did the officer ask you about faculty impairment due to disability, illness or injury?
- Did the officer ever advise you that he/she would be conducting a DUI investigation?
- Note: Even if the stop is lawful, the officer must still make a roadside determination based on the totality of the circumstances that there is probable cause to arrest you for DUI.
IV. Voluntary Roadsides
- Did the officer offer the roadside exercises as voluntary?
- Did the officer ask about illness or injury prior to conducting the exercises?
- Did the officer inform you that your performance was being recorded?
- Note: Most DUI cases involve the use of field sobriety exercises. These exercises are voluntary and are intended to aid an officer in determining if you should be arrested. However, more often than not they are used to bolster the officer’s previously formed opinion that you are DUI.
V. Implied Consent Warnings
- Did the officer read you the warning(s) before, after or at the time of the arrest?
- Did the officer read you the correct warnings?
- Did you request an independent chemical test at any time?
- Did you refuse the test?
- Note: When you are arrested, in addition to Miranda warnings, the arresting officer MUST read you the correct Implied Consent warnings. The warnings must be read in substantial compliance with the specific statute. There are different warnings, and the officer must read the correct warning. You have the option of either taking the test(s) or refusing. The officer chooses the test for you depending on the case. However, you also have the right to an independent chemical test of your own choosing.
VI. Administration of Test in Compliance
- Did the officer/technician correctly comply with pre-test observation?
- Was the instrument used in compliance with all statutes, rules, policies and regulations?
- Were the tests results in compliance?
- Note: If a chemical test is administered, the State must prove that the test was done properly and on an instrument that was working properly. Further, the test results themelves must be in compliance.
The above are only some of the many complex issues involved in a DUI case. Our firm has experience and knowledge in each of these issues. We can apply this experience to address the issues with your case.
If you were involved in an automobile accident and you were injured you may be entitled to $10,000 in benefits regardless of fault, If you believe your injuries were caused the result of someone else’s actions, you may also be entitled recover damages for personal injuries, pain and suffering, lost income, out-of-pocket expenses, physical impairment, scarring, and inconvenience.
The requirement to have a particular medical diagnosis called Emergency Medical Condition (EMC) is now governed by a time limit of 14 days. That is, you have to consult a Doctor within those 14 days, or you may be unable to recover more the $2,500 from the Personal Injury Policy (PIP) that you have paid for.
There is a Statute of limitations in Florida, meaning that if you were to file suit, you would need to do so within a limited time from the date of the accident or you could be forever be barred from bringing a cause of action.
If you have been injured in an automobile accident you may have a personal injury case. Contact our office to schedule a completely FREE consultation.
Slip and Fall
Slip and Fall is a common term used to describe the law of Premises Liability in connection with slips, trips or falls on the real property of another.
Property owners and those who lease real property (whether as individual or business) have the legal duty to maintain the property in a way that makes it safe for visitors. Premises Liability arises when injuries are caused by a dangerous condition or careless maintenance on the part of the property owner or the person who is leasing the real property.
Examples of dangerous conditions include but are not limited to, uneven, damaged or cracked floors, slippery surfaces, uncleaned spills, defective sidewalks or steps, and unmarked changes in elevation.
In a Premises Liability case, the Plaintiff needs to prove one of the following three(3) things: that the Defendant created the dangerous condition that caused the injury: that the Defendant knew about the dangerous condition and failed to take steps to prevent it: or that the condition existed for a long enough time that the Defendant should have known about it. Even if unaware of the dangerous condition, the Defendant can still be liable for any injury that occurs on the property (unless the victim was trespassing). The damages you may recover in a Premises Liability case include, but is not limited to, medical expense, lost wages, and pain and suffering.
There is a Statute of limitations in Florida, meaning that if you were to file suit, you would need to do so within a limited time from the date of the accident or you could be forever barred from bringing a cause of action.
If you have been injured on another person’s property as a result of a dangerous condition, careless maintenance, or wrongdoing. you may have a Premises Liability case. Contact our office to schedule a consultation.
Many people make the tragic mistake of thinking their injury today (a nick, brake, or sprain), will pass eventually or heal without medical attention. The truth is as we get older, we don’t always heal the way we used to, or the way we expect. The future medical bills associated with a number of particular injuries can be extreme!
Much like we always recommend you take the time to talk to a Medical Professional for any injury, we strongly advise you talk to an Attorney to determine if there is an “actionable” injury, where liability may fall, and the collectability of a particular case. In our office this conversation is ALWAYS free, and we protect all information you share with completely confidential.
The Law Offices of Randy Reep are able to offer a unique service to our clients. With over 20 years of experience as a professional pilot, 18 years as an F-15 Fighter Pilot, a member of ALPA, and a graduate of the U.S. Air Force Safety Officer’s School, Randy is able to both effectively represent either plaintiffs or defendants in aviation controversies.
Additionally, the firm has experience in dealing with the FAA regarding license actions against pilots. This ranges the gambit of “altitude deviations” to protection of a pilot’s medical related to DUI penalties.
For our professional military pilots, we have experience in representing those dealing with a “Commander’s Directed Investigation” and even Courts Martial Proceedings.
Our firm’s experience in these areas provide unique qualifications to help families in those tragic cases where we represent plaintiffs in injuries or wrongful death cases related to aviation.