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Happy Holidays and Safe Driving from The Ticket Clinic!

With the holiday season upon us, ’tis the season to celebrate, and also a time to be careful and mindful of drinking and driving. The best course of action is to avoid drinking when there is a chance that you will need to drive. Police are particularly aware of the season, and the fact that many people are celebrating. Choosing a designated driver or calling a cab is the best option whenever possible.  At the Ticket Clinic, we are often asked “what should I do if I am stopped for a DUI“? The answer has always been the same: it depends on the circumstances.

The investigating officer will request roadside sobriety exercises after the traffic stop and a breath/urine/blood test after the arrest. The general rule is that the more that you participate in the investigation, the more evidence that you are providing for the officer. There is no requirement to submit to roadside exercises (walking the line, finger-to-nose, balance, etc.) and there are no administrative consequences for refusing to complete them.  If there is ANY chance that you won’t perform well, consider politely refusing to participate and asking to speak with your lawyer before you complete the exercises. You are not entitled to a lawyer at this point, but it should limit further questioning by the officer. Chances are, by refusing to perform the exercises, you will be arrested, spend at least 8 hours in jail, and then be given the chance to bond out of jail (traditionally $500, but it could be more or less). If you feel that you will pass the exercises, you can give them a try, but make sure that you advise the officer of any injuries or illnesses that might effect your performance. Remember, if you do not perform well, that will be used against you in court! It’s easier to explain to a jury that you refused the exercises because you wanted to talk to your attorney first, as opposed to trying to explain why you couldn’t walk the line, touch your nose or balance properly.

If a police office requests the breath/urine test, it is a requirement under Florida’s Implied Consent Law. This law says that by driving in Florida, a driver agrees to take such a test if requested by a police officer. However, this doesn’t mean that you have to take it. If a person refuses, there can be consequences, including suspension of the license. It’s important to remember that failing a breath test (.08 is the limit in Florida) will also result in a suspended license. In most situations, a person is entitled to challenge the suspension (for a breath test or a refusal case) and hardship permits may be granted, subject to certain limitations.

Our opinion: If there is ANY chance that you will fail the breath test, politely refuse it, asking to speak with your lawyer. You are still not entitled to a lawyer at this point, but it provides a good reason for not taking the test. It is easier to explain to a jury that you refused the test because you wanted to talk to your lawyer first, as opposed to trying to attack the credibility of the test result later. In Florida, a 2nd or subsequent refusal to submit to testing (breath, urine, blood) is a separate crime, so a person who has refused in the past needs to consider this when deciding to take or refuse a requested test.

Remember, planning is the key to avoiding this type of a situation. Having a designated driver or calling a cab or a friend might be a decision that saves you a lot of time, money, stress and aggravation.

The content of this blog is intended for informational purposes only. It is not intended to solicit business or to provide legal advice. DUI laws differ by jurisdiction, and the information on this blog may not apply to every reader. You should not take, or refrain from taking, any legal action based upon the information contained on this blog without first seeking professional counsel. Your use of the blog does not create an attorney-client relationship between you and The Ticket Clinic.

What Our Clients Are Saying…

"I don't know how I can even say how greatful I am for the great work you did winning my case. So, all I can say is Thank you! Thank you! Thank you!, Thank you!, Thank you!!" Thomas J. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "I just wanted to say thank you! Your firm not only got all my daughters charges dismissed, but there were no court costs or even driving school! She had definitely gotten herself into some trouble and I cannot believe the outcome was this good!! Thank you again! I will recommend you to anyone that asks. I don't know if there are any website for reviews on law firms, but if there is let me know so I can say how excellent your firm is." Yelp User User RatingUser RatingUser RatingUser RatingUser Rating - Yelp Review    "Wish I could rate them 10 stars..took care of ticket,cheaper than what the ticket would had cost, no points, no school, I am blown away, fantastic job done by these guys at a very reasonable price, sorry I can't give details because I am ashamed of my stupidity, luckily I learned my lesson and it was only a trap." Roberto C. User RatingUser RatingUser RatingUser RatingUser Rating - Yelp Review    "I will use you time and time agian. Have recommended you to several family members and friends thank you so much I am very very happy with the outcome but I don't plan on getting any more tickets! Again thank you Ticket Clinic." Lisette R. User RatingUser RatingUser RatingUser RatingUser Rating - Yelp Review    "They are just the best... From the people answering the phone (yes actual well spoken and courteous people) to the assistant that attended me when I visit their offices at South Dixie Highway and 22nd." Jamie C. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "The convenience is my favorite part! Entered my ticket online and paid. My ticket was $200+ ..They went to court for me and my ticket was dismissed. Emailed me confirming everything was taken care of and that was that! I do believe this is a case by case basis. I have a very good driving record so I'm happy I didn't have to waste my time with this. Highly recommend!" Kathy V. User RatingUser RatingUser RatingUser RatingUser Rating - Yelp Review    "I just called them on the phone. I provided the information regarding my ticket which I felt was not my fault in an accident I was involved in. They took care of it and I didn't have to show up to court. No points, no ticket. Well worth what they charged me." George A. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "I was pleased to receive your letter of February 21, 2017 advising me that all charges against me were dismissed by the Court. I am very pleased how the Ticket Clinic handled my case. I definitely will recommend the Ticket Clinic to friends and neighbors should they be issued a traffic ticket. Many thanks again for solving my problem." Wolfgang H. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "In a world where people always seem to want to register complaints, I thought I would take a moment and register my extreme satisfaction with your company and especially for Miss T! She is extremely helpful, courteous, and knowledgeable and she is a pleasure to do business with!" Jeff M. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "Great Job!!!!! Keep up the great work.We are extremely impressed with your performance. :)" Lionel O. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review    "I wanted to thank you and your firm for the great job you did with my case. I'm extremely grateful that your firm worked so hard on my case to get it dismissed. I will definitely write an awesome REVIEW for the phenomenal work your firm did!!!" Elizabeth B. User RatingUser RatingUser RatingUser RatingUser Rating - Google Review