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Criminal Defense Blog

The Law Office of Jerry Jenkins

DUI Lawyer Orlando

It is common knowledge that drinking alcohol impairs one’s judgement. Despite this, many people still operate motor vehicles after drinking and if caught, they can face serious consequences. In Orlando and Florida overall, the fines and penalties for being caught DUI (driving under the influence) can be very harsh. Without a skilled DUI lawyer representing you, it can be difficult to fight these convictions and prove your innocence. There are many different aspects of any case to consider, and the majority of the evidence used against you in court is taken when you are pulled over. That includes any roadside tests they give you, the breathalyzer, and any statements made during this process. An experienced DUI lawyer in Orlando has been through the courts and had to look at every possible defense for a DUI ticket. With their experience, they can investigate your specific situation and the evidence that prosecutors will use, and determine the likelihood of getting this dismissed.

Being considered DUI is not particular to alcohol use, however. If you are under the influence of any illegal substance, a medication not prescribed to you, or even legal remedies which are known to be mind-altering (think salts & designer drugs), you still run the risk of receiving this offense if you drive a vehicle. Because the effects of some of these medicines are still being reviewed and certain drugs are relatively new to Florida and America in general, there is potential to invalidate a conviction. A skilled DUI lawyer can help you navigate the specific schedules of certain substances and the legality of operating vehicles while intoxicated by them. While alcohol is certainly the #1 culprit in Orlando DUI cases, using any mind-altering substance before operating a vehicle puts you at risk of receiving a DUI ticket.

If you’ve been ticketed for DUI in Orlando or elsewhere in Florida, it’s important to be knowledgeable about DUI law in your region. The Law Office of Jerry Jenkins aggressively advocates for clients facing DUI charges in Orlando and can help you determine any possible defenses.

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Jerry Jenkins - Criminal Defense in Orlando Florida

Being accused of a crime carries with it potentially serious implications for the accused’s future. Whether you are being charged with a crime, you’ve been arrested or indicted, or even if the police want to talk with you regarding a situation you had involvement with, it’s important to discuss your case with a knowledgeable criminal defense lawyer in Orlando. Anyone being charged with a criminal suit has the right to consult with a lawyer, who can help to ensure that you receive all the constitutional protections you are entitled to. When being charged there are many different aspects of the case to consider, and it’s important to have an understanding of the legislative process before making any crucial decisions in your criminal defense case. An experienced criminal defense lawyer will help you decide how to plead, and can often argue with Orlando prosecutors to reduce the charges or penalties being sought, or even get your charges dropped altogether. The best criminal defense lawyers will try to keep your record clear and minimize any penalties you might face.

Orlando and even the state of Florida is notorious for being particularly harsh on petty crimes, including certain drug offenses, theft, DUI’s, and other crimes which might be handled differently by other states. The criminal justice system can be somewhat complex, and there are many ways which one can unintentionally incriminate themselves. If you are charged with a crime, you may be subject to certain intimidation techniques used by prosecutors and police as they try to exploit the average citizen’s lack of knowledge about litigation and the criminal defense system. Every word you say can have a potentially serious impact on the outcome of your case, and no one should be forced into making these decisions without fully understanding their rights – thus making it all the more imperative to consult with an Orlando-based criminal defense lawyer. Aside from advising you on the specifics of your case, they can also work with prosecutors on your behalf. The negotiations that occur between defense and prosecution will help determine if the case needs to go to trial or if a plea bargain can be reached. It is often in the best interest of Orlando prosecutors to reach some sort of bargain where the accused will receive a reduced sentence or fine, and with a skilled attorney representing you, possibly even reduced charges.

With his extensive experience and knowledge, Jerry Jenkins can help you with your criminal defense claim. Often there are procedures that police are supposed to follow and when even the slightest error is made, it can completely invalidate the evidence in question. For aggressive, reliable representation for your criminal defense case in Orlando or Florida, contact The Law Office of Jerry Jenkins today.

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DUI Defense begins the minute you are pulled over

If you have been charged with a DUI in the state of Florida, it is a serious offense and must be addressed accordingly and quickly. It is important to acquire legal representation quickly after the offense, as the state of Florida has strict timetables and deadlines for when particular motions and evidence needs to be submitted after an offense. Any chance of having a charge dismissed or lessened is greatly increased having proper and professional law representation.

What most individuals don’t know is that their legal defense starts the minute that they are pulled over by a police officer. At any point during a DUI arrest, an individual’s rights may be violated, making it possible for the individual to have their case dismissed from court or have the charges reduced. Legal representation is required to identify possible defenses as well as understand your rights as a client.

There are a number of factors that may undermine the court’s ability to prosecute a DUI offense. Breathalyzer tests can be deemed inadmissible for a number of reasons such as for technical flaws or the manner in which they are administered. The officer’s conduct can also overturn a conviction based on a number of factors, including the collection of evidence, conduct of the testing, the officer’s judgment, the officer reciting the proper Miranda Rights, etc. The majority of people do not realize when their license is suspended they have the right to subpoena the testing results, the officer on-site administering the test, and the lab technician who analyzes the results. A failure in appearance in court by any subpoenaed party automatically invalidates the license suspension.

Consulting with an experienced attorney who guides you through the litigation process and knows the legal process is essential to avoiding a DUI penalty and possible license suspension. For more information about possible defenses to your DUI conviction, The Law Office of Jerry Jenkins for a free case evaluation today.

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What Happens After Getting a DUI?

Driving while under the influence of alcohol can be a very dangerous and costly mistake to make. Florida considers any individual operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher to be legally DUI, or driving under the influence. Regardless of whether you didn’t feel drunk or felt your driving ability wasn’t affected, your BAC is often the determining factor in your conviction. This limit is lowered to 0.05% for anyone under the legal drinking age of 21 (considered to be minors under certain DUI laws), and the penalties can be severe. Penalties can include revocation of their driver’s license until they are 18 (first-time offenders) or revocation until they turn 21 (second-time offenders).

When you are pulled over by a police officer, they will perform a series of sobriety & field tests if they suspect you are DUI. The most notorious of these is the breathalyzer test, and Florida, unlike other states, requires you to comply with this test. Anyone receiving a driver’s license in Florida is automatically agreeing to perform this test if it is requested by an officer. Failure to comply carries its own set of penalties, depending on whether this is the first, second, or third time you’ve refused a breathalyzer test. The first refusal results in license suspension for 1 year, and a second or third refusal results in license suspension for 18 months. Aside from the consequence of license suspension, courts might interpret your refusal as an admission of guilt. It is generally recommended to comply with the field & sobriety tests an officer gives you, as these can potentially be invalidated. Simply put, it just doesn’t look good to avoid the tests – it makes you look guilty. For instance, the field tests they administer (like walking in a straight line, reciting the abc’s backwards, etc.) are difficult for most anyone, sober or drunk, to actually perform. Aside from their inherent difficulty, there might be a medical condition or medication which hinders your performance – or even a piece of obstructing clothing (think high-heels). Breathalyzer tests can also be invalidated for a variety of reasons, including how the test was given, how the results were analyzed, and the maintenance record of the specific equipment used. There have been cases where a breathalyzer device was not maintained according to state regulations, and the convictions were overturned as the equipment could no longer be relied on to provide accurate results.

An experienced attorney can help you determine whether any health or environmental factors could potentially invalidate your conviction. Because they have experience arguing these kinds of defenses, they can anticipate what the prosecution’s arguments will be. If you’ve been ticketed for a DUI, contact The Law Office of Jerry Jenkins today for a free case evaluation.

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DUIs in Orlando Florida

A DUI conviction is a serious offense in the state of Florida and carries with it severe penalties. To anyone unfamiliar with DUI law, these penalties are almost unavoidable. The time constraints to formally fighting a DUI penalty are very strict as well, and must be adhered to for any hope of dropping or lessening the charges. Florida specifically has rigid timetables as to when certain motions and evidence needs to be submitted. Without specific, up-to-date knowledge on how Florida prosecutes DUI convictions, it is extremely difficult to get a DUI charge dismissed.

There are many possible defenses to DUIs that should be taken into consideration from the second you are pulled over by an officer. If you are suspected of driving under the influence the police will perform a series of tests to determine your sobriety level. These can include a field sobriety test, blood test, breath test (breathalyzer) or urine test.

To start, it’s important to understand Florida’s “Implied Consent” law. By receiving a driver’s license in Florida you are automatically agreeing to this law, which means you have already given consent for officers to give you a breathalyzer test. You can still refuse to perform this test, but there are penalties for your refusal (including license suspension), depending on the number of prior offenses and other factors. Refusal to take a breathalyzer doesn’t mean you won’t be arrested; in fact, it almost guarantees your arrest. If officers have requested you to provide a breathalyzer test it’s because their initial observations have led them to suspect you are driving under the influence. If you refuse a breathalyzer, officers will then be basing their decision solely on their observations & field tests – which have already concluded you are DUI.

There are many ways to invalidate a DUI conviction, and these defenses start the second you are pulled over. Breathalyzer tests can be proven inaccurate for a number of reasons, including the way they are maintained, administered, analyzed, etc. The testing procedure must follow federal guidelines in order to be considered admissible, and sometimes it can be proven that the testing equipment wasn’t properly maintained or there was an error in the way the test was given. In Miami, for example, a DUI conviction was overturned because it was proven the computer program that analyzed the breathalyzer results had an error in its programming code. The officers are also under strict guidelines as to how they submit evidence. What most people don’t realize when their license is suspended is that they have the right to subpoena the test results, the officer who administered the test, and the technician who analyzed your results. Failure to appear by any subpoenaed party will automatically invalidate the suspension.

To avoid a DUI penalty and possible license suspension, it’s important to consult with an experienced attorney who can guide you through the litigation process. To find possible defenses to your DUI conviction, contact The Law Office of Jerry Jenkins for a free case evaluation today.

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