Criminal Law Review

I guess I got the Christmas blues, or so the song goes. We’ll it doesn’t have to be that way, but should the blue lights come your way in Florida, or should you get some coal in your stocking, there are excellent DUI and drug defense attorneys available to help with your arrest issues. Accordingly, I’ll be giving you some holiday legal advice that could keep your feet on the street and your sleigh from being grounded.

Remember to think and act wisely at all times, or you’ll earn yourself some time in a cooler climate with bars. So, if you drink more than you should, or fall from grace and partake in an activity involving illegal drugs, the first rule of thumb is that you have a constitutional right to a Silent Night. Don’t wait for law enforcement to tell you that you don’t have to answer any of their questions - simply don’t answer any and invoke your constitutional right against self incrimination. Again, be polite at all times; simply give them your name and address. Your Miranda rights are very important in protecting you against self incrimination. Should you casually offer that you only had a few drinks, or “whats the big deal, I only have a little buzz” or “I only have a little pot on me,” you are opening yourself up for a DUI or drug conviction. Likewise, should the officer question you at a critical stage in your case without offering you Miranda, and you incriminate yourself, depending upon the situation, a well trained attorney might be able to suppress all evidence illegally obtained from you.

Also remember not to stick out like a Christmas light bulb. Staggering from a bar; asking an officer for directions while your drunk; spinning your tires; tailgating; yelling at another driver; dressing poorly and not grooming yourself, are all going to make you a target to be pulled over. At a minimum, doing the above will give the officer cause to follow you until such time that you commit a traffic infraction legally thereby giving them probable cause to stop you. Now if, however, you play by the rules, and you are pulled over for say a “cracked taillight still emitting light” or arrested for simply “smelling like alcohol” or for “failing to maintain a single lane” or searched because you “looked suspicious,” then, depending upon the circumstances, there is case law available, depending upon the state you live in, that can assist you. Thus, by arguing said case law, one might be able to suppress any stop or arrest and consequently suppress any evidence illegally obtained. Accordingly, the illegally obtained proof of intoxication or drugs, could be “thrown out” thus resulting in your DUI or Drug arrest being dropped by the State of Florida or perhaps in the state your reside.

This is a fun time of the year, but sometimes folks have too much fun. Don’t get down on yourself as well trained criminal defense attorneys are available to help you with your legal problems. Merry Christmas to all and to all a good night!