Epstein & Robbins

Jacksonville, Florida, DUI Defense Lawyers

Drunken Driving Defense: Significant Cases

Drivers in and nearby Jacksonville, Florida, often turn to the DUI defense law firm of Epstein & Robbins for sound legal counsel and representation following a drunk driving arrest. Review sample cases handled by the firm, detailed below. To schedule a consultation with an experienced Florida drunk driving lawyer, contact us through this Web site or by phone at 904-354-7427.

Significant Case #1: DHSMV v. Hardison

Background

The petitioner was observed by a JSO Officer in July 2003 making a left hand turn and continuing into a ditch. The officer went to check on the petitioner and testified that the petitioner staggered as he walked. After speaking with the petitioner he requested a DUI officer. When the DUI Officer arrived the petitioner was read his Miranda rights and it was requested that he submit to field sobriety exercises. The petitioner refused and the petitioner was arrested for DUI and transported to the Duval County Jail.

The Issues

The petitioner argued that the Department of Highway Safety and Motor Vehicles Order is not supported by “competent, substantial evidence and does not comply with the essential requirements of the law when the hearing officer determined that the stopping officer has reasonable suspicion to detain him to perform field sobriety tests.” This means that the officer must be able to show a reasonable suspicion in order to detain a person and perform field sobriety tests.

The Outcome

The Circuit court agreed with the petitioner and said that the reasonable suspicion was not based on competent substantial evidence and therefore the petitioner’s Petition for a Writ of Certiorari was granted. The petitioner’s license was reinstated. The Department of Highway Safety and Motor Vehicles petitioned to the District Court of Appeal. The district court denied the Department’s petition leaving the circuit court opinion in tact.

Significant Case #2: DHSMV v. Trimble

Background

The petitioner was found in September of 2000 seated behind the wheel of her vehicle, in a ditch. The officer that found the petitioner then administered field sobriety tests and the petitioner was placed under arrest for DUI. After the petitioner was transported to the breath testing facility the petitioner did not blow adequately enough to produce results and the petitioner’s license was suspended for a year for refusal to submit to testing.

The Issues

Before a person refuses the Breath Test they must be read the “Implied Consent Warning” that states all the effects and consequences of their refusal. In the petitioner’s case documents were conflicting as to the time the petitioner was read implied consent. Therefore the evidence was insufficient to establish that the petitioner was read the “Implied Consent Warning” before the refusal of the breath test.

The Outcome

In the Circuit Court the petitioner was granted a Writ of Certiorari and her driving privileges were reinstated. The Department of Highway Safety and Motor Vehicles petitioned to the District Court of Appeal in Florida. The District Court denied the Department’s petition thereby affirming the decision of the circuit court.

Lawyers of Epstein & Robbins are ready to ensure that the spirit and the letter of Constitutional law is upheld and that your rights are not abused in your DUI defense case. Schedule a consultation with an experienced Florida drunk driving lawyer by email or by phone at 904-354-7427.