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Casanova Law Criminal Defense and Immigration Blog

Think field sobriety tests will prove your innocence? Think again

In order to make an arrest for DUI, a police officer must first establish probable cause to believe that the person drove while impaired. In order to do that, officers may ask an individual to submit to what most people understand to be field sobriety tests. Many people here in Florida and across the country participate in these tests believing that it will clear them of any suspicion for DUI. What they do not realize is that the outcome of these tests is highly subjective and people fail them all the time -- even those who have not had anything to drink.

The perception that participating in field sobriety tests will prove their innocence sometimes comes from the officers administering them. If you refuse to submit to the tests, an officer may attempt to make you think that the law requires your participation or that not taking them only makes him or her believe you are drunk. Neither of these statements, nor any other similar statements, is true.

Were you charged with a heroin crime?

Getting involved with heroin is dangerous business. Those who use and abuse the drug could face devastating consequences that affect their health, their career and their family life. They could also face serious consequences with the law.

Given the strictness of state and federal laws that apply to heroin-related crimes, those accused of such offenses need to handle their criminal defenses carefully. They also need to educate themselves on the penalties associated with heroin crimes.

Know your rights when a South Florida police officer suspects DUI

After having a couple of drinks, you may have gotten behind the wheel of your car. You may not have thought that you were actually impaired, but you may have begun to question yourself when you noticed that a police officer here in South Florida turned on his or her patrol car's flashing lights indicating that you should stop. Knowing ahead of time what your rights and responsibilities are when it comes to submitting to a breath test may come in handy.

When you got your Florida driver's license, you agreed to submit to a breath test when asked to do so by a police officer who suspects you of driving under the influence. Under the law, if you refuse a lawful request, it results in a suspension of your driver's license for a year. If you refused a second time, you not only face a suspension of your license for 18 months, but also a criminal charge that, upon conviction, could cause you to spend a year in jail.

Three good things to do during a traffic stop

Getting stopped by the police is rarely a pleasant experience.  Ask anyone if they would do anything else besides being pulled over, and you may be surprised by what you may hear. Some may say spending a day alone with their mother-in-law; others may say cleaning up cow pies. As annoying as it might be, the possibility of getting pulled over is a reality, so it is important to know how to effectively deal with a traffic stop.

This post will provide some helpful tips.

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