Working with a Ft. Lauderdale DUI Lawyer
Each DUI case is different, and each person’s circumstances are different. The key to success in a DUI case is working with a Ft. Lauderdale DUI lawyer who has the local knowledge of the statutes and laws as well as the experience of handling DUI cases in Ft. Lauderdale. The attorney should know the people involved in the process such as the prosecutors, judges, and police officers because personal relationships really help.
DUI laws are very intricate and complex and they cannot be learned in a quick period of time. There are many benefits to consulting local DUI lawyers, such as their experience and understanding of local laws. There are many aspects of a case that a skilled defense attorney can take on for their client, so it is important to contact them early on in a case in order to maintain the best outcome in a case.
Working with a Ft. Lauderdale DUI lawyer can be valuable when local laws for impaired driving can impact a potential clients case. Florida DUI lawyers always want to obtain the best result possible in any case for their clients, so they look at everything that relates to defending DUIs in the South Florida area. People rely on them to get the best result possible to help protect, maintain, and restore their reputation. The potential penalties are numerous, and they get worse with every legislation cycle in Florida. They are very detailed and know all the issues as they handle each DUI case very carefully, methodically, and with a great deal of success over the many years they have defended DUIs in Florida.
People might ask why they need a lawyer when they are caught and charged with a DUI. Often, it is a function of what the government or the state of Florida is able to prove. The Constitution mandates that the State of Florida proves their case beyond the exclusion of a very reasonable doubt. They must follow laws and statutes and even more importantly the United States Constitution and Florida Constitution, and the benefit of a DUI attorney in Ft. Lauderdale is that they maintain informed and updated on all statues and potential constitutional challenges.
It is important that the case is examined from that perspective as to what position the government is in and whether they followed all of the procedures and rules correctly. The best person to answer that question is a DUI attorney in Ft. Lauderdale. The attorney should be experienced in the defense of individuals charged with driving under influence in Florida.
Police officers in the United States and in the state of Florida need a lawful reason to stop someone. By working with a Ft. Lauderdale DUI lawyer, potential clients can get peace of mind regarding their pending charges. The person stopped must be in violation of a particular Florida statute. The officer must also be able to articulate specific facts and circumstances as they relate to the DUI case such as something unusual with somebody’s driving behavior or driving pattern that raises to a high enough level of reasonable suspicion that somebody is violating the law.
Challenging the constitutionality of the initial encounter is a benefit of a Ft. Lauderdale DUI lawyer. An attorney will scrutinize the stop of a potential client see if it passes under the constitutional test usually analyzed under the Fourth Amendment. That amendment states that individuals have the right to be free from unreasonable searches and seizures. A traffic stop is deemed a seizure of an individual’s freedom of movement and travel under the United States Constitution. An attorney can analyze the case to see whether or not the law enforcement infringed on an individual who was stopped and/or arrested for DUI to determine whether there are any constitutional violations. Some inexperienced attorneys might not even consider that issue, so it is beneficial to have a very experienced attorney working on a case from early on.
Challenging Drunk Driving Arrests
It is important for individuals to begin working with a Ft. Lauderdale DUI lawyer who can investigate whether the police officer had enough facts to establish probable cause for making a DUI arrest. The police officer must observe things like slurred speech, odor of alcohol, or inability to follow instructions. They might request that an individual submit to field sobriety exercises. They might engage the person they stopped with questions as to where they are coming from and if they were drinking. If the attorney does not find a combination of those types of things, there might not have been probable cause to make an arrest for DUI.
DUI arrests can be challenged in Court for lack of probable cause and the judge can make that legal determination. Without an attorney, it is very difficult to learn how to look for those issues prepare, file and argue the appropriate motion in Court. The lawyer may file a motion to suppress the arrest or a motion to dismiss based on lack of probable cause. Attorneys have to present arguments, litigate, and research case law to help someone charged with a DUI in Florida.
Working with a Ft. Lauderdale DUI lawyer is if a settlement can be reached, they can effectively negotiate the best possible resolution with the prosecutor. While there is minimum mandatory sentencing for DUIs in Florida, that does not necessarily mean that the prosecutors have to agree to the minimum penalties as a potential result. They have the discretion to do what they want within legal means. Having a local lawyer with experience, strong contacts, and personal relationships with the prosecutors and judges handling the case significantly increases the chances of getting the best possible result.