Jacksonville’s drivers sometimes drink and drive; most do at some point. However, one’s rights concerning DUI stops are changing quickly in not only Florida but other states around the nation. Therefore, as one’s DUI arrests rights are diminishing, one should contact an experienced attorney to ensure that one’s rights are known, used, and protected.
According to The Missoulian, Daniel Carrell, a Montana resident, was arrested for a DUI by way of a blood sample obtained via a telephoned warrant in the middle of the night. This arrest was Carrell’s second DUI offense, and according to Judge Reardon, the Judge who approved the warrant, a second offense is enough for probable cause.
Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink or someone calling the police, reporting a tag number of an erratic driver, and that driver being later arrested for a DUI. However, as Jacksonville Criminal Attorney Blog has reported, one can refuse the commonly performed breath test, be charged with a civil penalty for refusing the test, and survive a criminal penalty for a DUI charge. However, this may no longer be an option for Jacksonville drivers.
Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUI’s, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.
In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.
Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.
If one obtains an experienced Jacksonville DUI crimes attorney to fight for one’s case, one will be able to ensure that the police are going about proper procedure and that if the blood sample was taken improperly, it will be excluded in one’s case. In many cases like this, one’s charge could either be reduced or in many cases, dropped.
The Forbess Law Firm has been aiding clients who face criminal charges in Jacksonville for more than a decade and are here to provide aggressive criminal defense to anyone accused of a crime. If you or a loved one require a Jacksonville criminal defense lawyer, contact our firm today. We are available through our website or by calling us at 904-634-0900.
Additional Source: Telephone warrants help Bitterroot Valley law officers combat DUI, Laura Lundquist, The Missoulian