Cassadaga, FL DUI Law Firms & Lawyers

When did they conviction occur, there is a very short time period during which you may have a right to appeal. From what you are stating conviction seems like it might be successfully appealed.

The video in the intox room is intended to prove that the breath test was administered according to the established rules and procedures. For example, was there a 20 minute observation period?, were you offered a breath test?, did you refuse the breath test?. Anything you may have said in the form of admissions could be used against you.  Miranda applies to interrogation, questions such as "have you been drinking?", how many drinks have you had?", etc.  The video in the intox room may have admissible evidence recorded.  A lawyer could file a motion to suppress evidence if you were being questioned and not read your Miranda rights. If all that happened is that you were shooting the breeze with the officer, probably not any interrogation taking place and as such no need to read Miranda, and nothing harmful on the video. The case law says that you don't need to be read Miranda before taking a breath test because it is not interrogation,  and your are not entitled to a lawyer when making the decision to take or refuse the breath test.

They should bring him before a judge today or tomorrow at the latest. It would not be surprising if his conditions of release include a substantial cash deposit.