Nobleton, FL DUI Law Firms & Lawyers

You have the option of entering a plea deal on the DUI in court or taking the case to trial. At trial the state must prove (1) you were operating or in actual physical control of a motor vehicle (2) you had consumed alcohol or controlled substances (3) your blood alcohol was over .08 or your normal faculties were impaired.  In your case since there is no field sobriety test and no breath test it will be case of the officers opinion.  There may be a video of you taken at the scene, or at the police station. Sometimes the video is helpful for your case, or harmful. Your lawyer will review all the evidence in the case, including the police report, officers notes, video tapes, etc and then advise you whether you should take a plea deal or go to trial.  Without reviewing all the evidence in your case, it would be impossible for me to tell you what you should do.

Your right to a speedy trial starts after the District Attorney decides to file a criminal complaint and you are arraigned. For misdemeanor cases they have up to one year to make the decision to file. In a felony case generally they have up to three years, however, there are other offense which have a longer statute of limitations.

Most officers do not like the dash cams or don't like to record how they conducted the FST. Commonly, the FST will be performed outside of the view of the camera. Most officers will say that it just didn't record the FST or for some reason the recording device was not on, tape was lost, ect. This is not a reason for the case to be dismissed or a violation of your rights. However, it would be relevant in a jury trial and the jury can decide if there was or was not something to hide. If you are being charged with DUI, you should consult and retain a local DUI attorney. This may be one defense that you have to the charges.