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Driving under the Influence and DUI case and the Right to Remain Silent

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Driving under the Influence and DUI case and the Right to Remain Silent

A discussion of a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer and Berkemer v. McCarty in Driving under the Influence and DUI cases:  Driving under the Influence and DUI case and the Right to Remain Silent

As a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer I am often asked about Driving under the Influence and DUI case and the Right to Remain Silent. Driving under the Influence or DUI is one of the most serious crimes you can commit, even though it is a misdemeanor, because it ultimately carries two penalties. The first penalty in a Driving under the Influence or DUI case is the penalty of the criminal court and the second penalty in a Driving under the Influence or DUI case is a penalty given to the driver from the Florida Department of Highway Safety and Motor Vehicles. However, ultimately, the penalties from both the criminal court and the Florida Department of Highway Safety and Motor Vehicles could result in the suspension or at least the curtailment of your driving privilege. In fact, in some cases, the penalty of a driver’s license suspension is mandatory and required by law; this means under certain circumstances the court must suspend your driver’s license no matter what.

Think of it, how often do you drive each day? If you lose your driving privilege, how would you get to work, get home from work, go to the doctor, get groceries, go relax on your time off, etc.? Frankly, if you are convicted of the crime of Driving under the Influence you may not be driving any car legally for quite awhile.  So perhaps, now you can see why a Driving under the Influence or DUI case can be one of the most serious crimes you can commit.

Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer and Driving under the Influence and DUI case and the Right to Remain Silent ?

However, what is perhaps the most misunderstood subject of a Driving under the Influence or DUI case  and the right to remain silent is that you do not necessarily “get” what we expect and have been “educated” by TV as our right to remain silent to receive in a criminal case; a Miranda warning. The United States Supreme Court ruled in Berkemer v. McCarty, 468 U.S. 420 (1984) that incriminating statements made by a motorist at a county jail following arrest for misdemeanor traffic offense were inadmissible where motorist, who was “in custody” at least as of moment he was formally placed under arrest and instructed to get into police car, was not informed of his constitutional rights BUT roadside questioning of a motorist detained pursuant to a routine traffic stop does not constitute “custodial interrogation” for purposes of Miranda rule.

What does this mean? It means you get your Miranda warning when you are under arrest; if the police violate this, your statements are illegally obtained evidence and the Government should excluded from using those statements against you in the criminal prosecution (the statements are “suppressed”). More clearly, the police have an obligation to warn you and tell you that you have a right to remain silent after they arrest you. However, generally, for the purposes of stopping you on the side of the road for a “routine traffic stop”, while you do have a right to remain silent, the police have no obligation to tell you that you have a right to remain silent or warn you what you say can be used against you in a criminal prosecution.

What this generally means, is after stopping you for speeding, a headlight out, swerving, squealing tires, etc., the police can approach you, talk to you, and ask you a “modest number of questions”. Worse, the police can ask you to perform a “simple balancing test at a location visible to passing motorists” (otherwise, known as field sobriety exercises) and that not be a violation of your Miranda rights and right to remain silent. I cannot even begin to tell you the number of common people I have met charged with a Driving under the Influence or DUI case who just took the field sobriety exercises thinking it would show they were not impaired and not guilty only to find themselves in jail thirty minutes later.

In Driving under the Influence or DUI cases, because people are either scared or do not know their rights people do not exercise them. In my experience, often by the time a fellow American remembers his rights, it is too late.

In Driving under the Influence or DUI cases, because people are either scared or do not know their rights people do not exercise them. In my experience, as a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI lawyer, often by the time a fellow American remembers his or her rights, he or she is sitting in jail charged with a DUI and it is too late.

Meanwhile, the police can escalate an encounter into an arrest or the functional equivalent of an arrest. Did the police block you in? Did the police put you in handcuffs? Did the police use a tazer on you? Did the police officer draw his firearm?  Did the police order you to do something so you felt compelled to do so because you had no choice?  Did the police confront you with evidence of a crime in a manner they knew (or should have known) would illicit incriminating statements?

What can a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer do for me in a Driving under the Influence and DUI Case and the Right to Remain Silent ?

As such, the difference between a “routine traffic stop” and an arrest is a very important distinction; especially if you are like the millions of people who try to talk their way out of their problem or blindly agree to talk to the police or complete the field sobriety exercises.

This analysis between “routine traffic stop” and arrest depends almost entirely dependent on the facts of your case and having an experienced and skilled Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer apply the law to those facts.

Now, as I said, the difference between a “routine stop” and an arrest is too large and too factually sensitive to fully discuss right now; however, if you have been arrested for Driving under the Influence or DUI and now have a Driving under the Influence or DUI case you probably will want to talk to a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer right now in order to sort this problem out.

A final word on Driving under the Influence and DUI case and the Right to Remain Silent

A Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer can analyze your Driving under the Influence or DUI case and argue for the factually diverse but very significant differences between a “routine traffic stop” and an arrest. Feel free to contact Charles Hart, a Driving under the Influence Attorney, Driving under the Influence Lawyer, DUI Attorney, and DUI Lawyer at 321-363-4959 for a free consultation and review of your Driving under the Influence or DUI case.

Read the full text of Berkemer v. McCarty here: https://supreme.justia.com/cases/federal/us/468/420/case.html

 

Call Charles C. Hart II, P.A. at 321-363-4959 for legal help with your Driving under the Influence or DUI case.

 

***This is not legal advice nor does reading this information create an attorney-client relationship between the reader and Charles C. Hart II, P.A.  Keep in mind, the things an attorney can do and the action an attorney may take are dictated by the individualized facts of a case and always case specific.  Essentially, what any attorney may do as your attorney depends on the attorney’s skill and expertise.  Also, reasonable minds differ, one attorney may say one thing and another may disagree.  In any event, please keep in mind, legal expertise comes from schooling, courtroom experience, and practicing as an attorney and not by reading a website.  Use this information at your own risk.***

What should I do if I get a Seminole County or Volusia County speeding ticket or traffic ticket?

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Seminole County or Volusia County Speeding Ticket or Traffic Ticket

What should I do if I get a Seminole County or Volusia County Speeding Ticket or Traffic Ticket?  Where you driving down I-4 minding your business, were you in downtown Sanford, were you in DeLand or Altamonte Springs, were you in Daytona Beach or Casselberry, were you instead in DeBary or Longwood, how about driving in Deltona or Oviedo when you got a ticket – were you just somewhere in Seminole County or Volusia County?

Honestly, it does not matter, you could be anywhere in Seminole and Volusia County, chances are sometime during your lifetime you will be stopped by law enforcement. Probably, when it happens, you will be nervous.

Here is a little secret: I used to be an Assistant State Attorney and I carried a badge. As an Assistant State Attorney, you are deemed the highest ranking law enforcement officers in the county you prosecute. AND I WAS TERRIFIED OF THE POLICE!

Why was I terrified? I was terrified because regardless of where I was – Longwood or Deltona, DeLand or DeBary, Sanford or Lake Mary, Orange City or Oviedo, Daytona Beach or Port Orange, Seminole County or Volusia County, it is a fact the police have a lot of power and most are extremely good at doing their job.

Understand I am not taking law enforcements side; rather, I am telling you the police officers you encounter are trained to do their job, and in this case, this means these officers are well trained to write traffic tickets. If you think about it I am sure you will agree, the police are trained to use lasers, pace clocks, and other gadgets to enforce the traffic laws, stop those breaking those traffic law, and write tickets or even make arrests of citizens like you.

Now on one hand this is a good thing if it is 3 a.m. in the morning and you find yourself a victim of a crime; however, this is not a good thing when you find yourself minding your own business driving the streets of Volusia County or Seminole County, Florida when you see flashing lights demanding you pull over because you ran a stop sign, broke the speed limit, failed to maintain a single lane, running a red light camera, or other traffic ticket.  I am almost certain when you become the not so proud owner of a yellow Seminole County or Volusia County speeding ticket or traffic ticket, no matter who you are, I am sure it will be a “mood” killer.

General things to do for your Seminole County or Volusia County speeding ticket or traffic ticket

Thus, I recommend the following for you to keep in mind if you get a Seminole County and Volusia County Speeding Ticket and Traffic Ticket:

  1. Take a deep breath and keep your cool; getting a Seminole County or Volusia County speeding ticket or traffic ticket is not the end of the world! It will be okay. With all the technological tools and capabilities the police have today, it surprises me when I meet someone who has never gotten a ticket.
  2. Just because the officer says so doesn’t make it true and just because you are being written up for a Seminole County or Volusia County speeding ticket or traffic ticket does not mean all is lost!.
  3. However, the time to argue about the Seminole County or Volusia County speeding ticket or traffic ticket is in a place called court not on the roadside after the police officer has written the ticket. Trust me, the officer who wrote you the ticket writes down notes about your demeanor, your attitude, and what you said (gasp)! And just like with an arrest, what you say and what you do, can and will be used against you!
  4. Chances are if the officer goes back to his police car with your license and registration; you are getting a ticket.
  5. Be polite; now is not the time to crumble up your Seminole County or Volusia County speeding ticket or traffic ticket in front of the officer. If it is nighttime, turn on your overhead light. So the officer can feel safe, put your hands on the wheel. Do not make sudden moves in the car. So the officer can feel safe, you would be surprised how many times I have been able to convince an officer later (after the heat of the moment when he wrote you a ticket) to dismiss the case all because you were polite.
  6. After you get the Seminole County or Volusia County speeding ticket or traffic ticket, call an attorney who can help you. This is when I can employ my knowledge of the law, combined with your politeness, loaded to bear with the facts as you would present them to me – with our greatest assets of all – forcing the officer to come to court and convict you beyond a reasonable doubt of the traffic infraction.
  7. When you get home, look at what you might be facing with this Seminole County or Volusia County speeding ticket or traffic ticket. I have provided a website you might find helpful to review www.charleshartlaw.com/fight-beat-seminole-volusia-traffic-ticket/

Unfortinately, this card will just not work on a Seminole County or Volusia County Speeding Ticket or Traffic Ticket.

get out of jail free card

Sadly, you read that right; if the officer has decided to write a ticket, there is no “quick fix”.  Do not argue your ticket on the side of the road. Chances are you are getting the ticket if the officer went to his police car with your driver’s license and registration. However, smile knowing that 1) you are going to hire an attorney who is going to fight for you; 2) the officer is going to have to come to court to prove his case, and 3) the officer has to prove his case (not you prove yours) beyond a reasonable doubt to convict you of the traffic infraction.

And you read that right again, the same burden of proof the Government has to show to convict a murderer or a bank robber they have to use to convict you of speeding, running a red light camera, running a stop sign, or some other traffic ticket.
So it does not matter if you are in Seminole County or Volusia County; Longwood or Sanford, Daytona Beach Shores or Daytona Beach, Deltona or DeLand, DeBary or Altamonte Springs, you now know the overall way to beat this traffic ticket or speeding ticket.

Specific things to do for your Seminole County or Volusia County speeding ticket or traffic ticket

Now, for specifics, those truly depend on your case, and for your best shot at defeating the Seminole County or Volusia County speeding ticket or traffic ticket, you probably want to talk with a lawyer. Call me, Charles C. Hart II, Esq., at 321-363-4959 and schedule a free appointment now.

I am not trying to be cute and deny you important information to help you with your Seminole County or Volusia County speeding ticket or traffic ticket. Rather, each case is very specific.  Appreciate the specific value and skills a lawyer could provide you in the following examples:

  1. Speeding. Do you know the predicate an officer has to prove in order to get the laser or radar speed into evidence? Do you know which predicate to use for pace clock, speed timers, dash radar, stationary radar speed enforcement?
  2. Red light cameras. Do you know hearsay rules?  You need to understand this important rule to beat these tickets.
  3. Stop sign. Have you ever cross examined someone before under oath; these cases come down to being able to prove yourself more credible than a police officer.
  4. Failure to maintain single lane. Are you aware of the case law on point regarding what is impermissible and what is permissible forms of probable cause for a traffic stop?

If you want to argue the ticket then use all the resources you have and get someone who can do these things to fight for you regardless of whether you are in Seminole County, Volusia County, Sanford, Daytona Beach, Daytona Beach Shores, DeLand, Altamonte Springs, Deltona, DeBary, Longwood, Orange City, Lake Mary, or wherever else you may roam. Call me, Charles C. Hart II, Esq., at 321-363-4959 and schedule a free appointment now.

Some generally helpful links for Seminole County or Volusia County Speeding Tickets or Traffic Tickets:

Volusia Traffic Clerk of Court:  https://www.clerk.org/html/traffic.html for Volusia County speeding tickets and traffic tickets.

Seminole County does not have a specialized website for Seminole County speeding tickets and traffic tickets; however you can review http://www.seminoleclerk.org/payments/payonline.shtm for more information on how to pay Seminole County speeding tickets and traffic tickets.

If you are really interested, this may generally help you with your  Seminole County or Volusia County speeding ticket or traffic ticket, http://www.flhsmv.gov/.

***This is not legal advice nor does reading this information create an attorney-client relationship between the reader and Charles C. Hart II, P.A. Keep in mind, the things an attorney can do and the action an attorney may take are dictated by the individualized facts of a case and always case specific. Essentially, what any attorney may do as your attorney depends on the attorney’s skill and expertise. Also, reasonable minds differ, one attorney may say one thing and another may disagree. In any event, please keep in mind, legal expertise comes from schooling, courtroom experience, and practicing as an attorney and not by reading a website. Use this information at your own risk.***

What should I do if a family member or friend is in jail in Orange, Seminole, or Volusia County?

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What should I do if a family member or friend is in jail in Orange, Seminole, or Volusia County?

Jail in Orange, Seminole, or Volusia County

What should you do if someone you care about like a family member or a friend is in jail in Orange, Seminole, or Volusia County?  What you should do if a family member or a friend is in jail in Orange, Seminole, or Volusia County can be a difficult question to answer!  Criminal cases are serious and often do not resolve themselves in a neat 1 hour time block; if you do not act quickly there is a chance that a family member or a friend is in jail in Orange, Seminole, or Volusia County may be there for a long time.

However, I believe you should first start by finding out if the family member or a friend is in jail in Orange, Seminole, or Volusia County. Ultimately, I hope you do not need this but these are two helpful links that can help you determine if a family member or a friend is in jail in Orange, Seminole, or Volusia County.

Orange County, Florida:
http://apps.ocfl.net/bailbond/default.asp

Seminole County, Florida:
http://webbond.seminolesheriff.org/Search.aspx

Volusia County, Florida:
http://www.volusiamug.vcgov.org/search.cfm

Family member or friend is in jail in Orange, Seminole, or Volusia County

If your family member or friend is in jail in Orange, Seminole, or Volusia County, you may want to hire an attorney immediately. You need to get someone on your side right away who you can trust! Call me Charles Hart, Esq. at 321-363-4959 immediately so we can get started. While your family member or friend is in jail in Orange, Seminole, or Volusia County, time is not your friend and the sooner we get started is usually one day closer to getting that loved one out of this tough spot. You may want to get your  family member or friend  in jail in Orange, Seminole, or Volusia County out as soon as you can because the longer a person stays in jail in Orange, Seminole, or Volusia County usually the more pressure they feel to take any road to get out of jail no matter how much they may regret it later.

Family member or friend is in not jail in Orange, Seminole, or Volusia County

On the other hand, if your family member or friend is not in jail in Orange, Seminole, or Volusia County, that makes life a lot easier for everyone involved. A lot of times the pressure of being jailed will make people stop fighting and do things they will regret much later (sometimes for the rest of their life).

Next, call me, Charles Hart, Esq. at 321-363-4959 or email me at charleshartlaw@gmail.com immediately so we can discuss what to do with the case so we can resolve this case. The sooner we can get started the better chances we have to defeat the Government’s criminal allegations and truly keep a family member or friend out of jail in Orange, Seminole, or Volusia County.

I wish this card would help your family member or friend in jail in Orange, Seminole, or Volusia County but it will not.

get out of jail free card

But if you call me, Charles Hart at 321-363-4959 or email me at charleshartlaw@gmail.com I can help your family member or friend in jail in Orange, Seminole, or Volusia County.

***This is not legal advice nor does reading this information create an attorney-client relationship between the reader and Charles C. Hart II, P.A. Keep in mind, the things an attorney can do and the action an attorney may take are dictated by the individualized facts of a case and always case specific. Essentially, what any attorney may do as your attorney depends on the attorney’s skill and expertise. Also, reasonable minds differ, one attorney may say one thing and another may disagree. In any event, please keep in mind, legal expertise comes from schooling, courtroom experience, and practicing as an attorney and not by reading a website. Use this information at your own risk.***