Dui Defense For Pushing

Summary

In Florida, you can be charged with a DUI if in actual physical control of a vehicle, even if pushing it. If the car is inoperable, like with flat tires, it may serve as a defense. Document the cars condition and circumstances, such as accidentally turning onto train tracks. If breathalyzer tests were recalibrated multiple times, it could be challenged. Consider consulting a DUI attorney to explore defenses and gather evidence. You can request breathalyzer information through a motion for discovery or a public records request.

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Yes, the defendant was trying to push the car to a safe place. If your tires were flat is the car considered inoperable?
In Florida, the term "actual physical control" can still apply even if the car is inoperable, such as having flat tires. However, if the car is truly inoperable and you were pushing it to a safe location, it may be a defense in a DUI case.
Have you already been charged with a DUI, or are you seeking to understand the potential consequences?
Already charged
In Florida, being charged with a DUI while pushing your car due to inoperability, like flat tires, may provide a defense. It’s crucial to document the car's condition and the reason for moving it.
Consider consulting a DUI attorney to explore defenses and evidence. Have you gathered any evidence or witnesses to support your situation?
What if you accidentally turned onto train tracks because it's dark and you were lost and caused the tires to become flat before the officer showed up.
In Florida, turning onto train tracks and causing flat tires can be used as part of your defense in a DUI case. Document the circumstances, the condition of the car, and gather any witnesses. Consulting a DUI attorney is advisable to explore potential defenses.
Have you gathered any evidence or had anyone witness the incident?
There were no other parties to witness the incident
In Florida, being charged with a DUI while pushing your car to a safe place due to flat tires might be defensible. Document the car's condition and the situation leading to the flat tires, such as accidentally turning onto train tracks. Consulting a DUI attorney is highly recommended.
Would you like information on how to find a DUI attorney?
The defendant initially refused to blow. The officer threated them with harsher punishment if they refused again.
In Florida, if you're charged with a DUI and the officer threatened harsher punishment for refusing a breathalyzer test, it may be considered coercion.
- Implied Consent Law: Florida Statutes Section *.* states you must submit to a breath, blood, or urine test if lawfully arrested for DUI.
- Coercion: Threats of harsher punishment could be argued as coercion, potentially impacting the case.
Would you like to know more about how coercion can affect your case or need assistance finding a DUI attorney?
Once at the sheriff detention center a breathalyzer test was done multiple times. The first two times were within legal limit. Every time the defendant blew the officer recalibrated until they got a number over the legal limit
The situation you described seems to involve potential issues with the administration of the breathalyzer test. In Florida:
- Accuracy of Breathalyzer: The accuracy and proper calibration of the breathalyzer are crucial. Recalibrating multiple times until getting a reading over the limit can be challenged.
- Chain of Custody and Test Reliability: Ensure all tests were conducted according to the protocols.
Would you like more information on how to challenge the breathalyzer results, or do you need help finding a DUI attorney?
yes, give me more information
In Florida, challenging breathalyzer results can be crucial. Here are some points to consider:
- Improper Calibration: Frequent recalibration can indicate testing issues.
- Testing Protocols: Ensure all tests followed legal protocols.
- Officer's Conduct: Document any coercion or irregularities.
Consider consulting a DUI attorney who can help examine the evidence and build a strong defense. Would you like assistance finding an attorney?
How do you secure the breathalyzer information
To secure the breathalyzer information in Florida, consider the following steps:
- Request Discovery: Your attorney can file a motion to obtain all evidence, including breathalyzer results and calibration records.
- Preserve Evidence: Ensure that all evidence related to the breathalyzer test is preserved, including maintenance logs and officer notes.
- Chain of Custody: Verify if the breathalyzer test followed the proper chain of custody and was administered according to protocols.
Would you like assistance finding a DUI attorney to help with your defense?
no. How do I request this information
In Florida, to request breathalyzer information and related evidence, you can:
- File a Motion for Discovery: Your attorney can request all evidence, including breathalyzer results, calibration records, and maintenance logs.
- Public Records Request: If applicable, file a public records request for the same information.
Would you like more details on how to file these requests?
Yes, help with public records
Sure! In Florida, you can request public records by following these steps:
- Identify the Agency: Determine which law enforcement agency has the records.
- Submit a Request: Contact the agency and submit a public records request. This can often be done online, via mail, or in person.
- Include Details: Clearly specify the documents you need, like breathalyzer results, calibration logs, etc.
Would you like more details on filing these requests?
I submitted a request for public records and have not heard back.
If you haven't heard back, consider these steps:
- Follow Up: Contact the agency to check the status of your request.
- Time Frame: Florida law generally requires agencies to respond within a reasonable time.
- Formal Complaint: If you still don't receive a response, you may file a formal complaint with the Florida Attorney General's office.
Would you like more details on how to file a formal complaint?