I got pulled over coming home late from a study session at a friend’s house and I dont really know why but after asking me some questions the cop told me i had to take a breath test. I asked him why and he said I was swerving but I said i’m not drunk, i’m just tired and said no. Wel I didn’t realize that was against the law all by itself so now i could lose my license and i’m not sure should I go to court or not and if i did could i win all by myself? My mom said I could get a public defender but i need to know if even that’s worth it. Thanks
We need to know more facts before giving legal advice. My guess is that you are under 21 years of age. Normally, an officer can not request a breath test unless you have been arrested for the offense of DUI. Assuming you were not arrested, the officer probably suspected under-age drinking. Losing your license is an administrative action which public defenders do not handle in Florida. You should seek the advice of competent counsel who can contest the administrative suspension. You must act fast since there may be a time period of 10 days to request an administrative hearing. The number in Miami is 305-643-7569.
Onek & Mawn, PA
That’s the dilemma we often have. Blow or don’t blow. If you had not been drinking, and knew it, you probably should have blown. It doesn’t matter though, because, before the officer can even ask you to take a breath test, he has to arrest you for DUI. Did you do field sobriety exercises (FSE). In order to arrest you, the cop has to have probable cause for a DUI. It sounds like you have some defenses. Hopefully, ten days have not passed and you can still get a DMV hearing. I suggest you call my friend and colleague in Miami, Michael A. Haber as soon as possible for a consultation. I would not just take a public defender and accept whatever comes down the line. At least talk to a lawyer first. Tell him I, Don Waggoner, sent you.
Michael A. Haber
I would recommend hiring a private criminal defense attorney, if you cannot afford one definitely get a public defender. A DUI will stay with you forever and it appears you have a case worth fighting.
If you have any questions or need a referral please do not hesitate to call.
Darren Finebloom, Esq.
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