DUI is a Criminal
Based on the facts of your case we will advise you of
what options you have.
We will thoroughly review your police report, breath test
results, and video tape of the arrest to reveal possible
defenses not immediately apparent.
We will explain the penalties associated with a 1st, 2nd,
3rd DUI. The 3rd DUI Might be a 5 year Felony. The
4th DUI is a 5 year Felony.
Possible dismissal of the charges, acquittal at trial,
or reduction of the charges to a lesser offense will be
Many cases can be settled without the need for a trial.
Contact us at Pontrellolaw@tampabay.rr.com
Florida law allows the police to retain your license if
you refused to submit to the breath test or took the test
and had a reading of .08% or above.
If your license was confiscated you should know that the
court system has not suspended your license, but the Department
of Highway Safety has suspended your right to drive.
There are ways to challenge this suspension and apply
for a work permit.
Immediate action must be taken to protect your driving
privileges. We can show you how.
Most DUI cases are based on the interpretation
of 3 pieces of evidence:
The results of the breath test may be challenged or suppressed
based on many factors.
The "breath test results" may
be inaccurate or unreliable due to many factors including
improper maintenance, calibration or lack of certification.
Inaccurate readings may be caused by
and excluded as evidence in your case by such things as:
Hiccups or burping
The failure of the police to observe you for 20 minutes
before the test The lack of proper training and licensing
of the operator
Was your decision to submit to the "breath test"
voluntary, or secured through coercion or duress?
Was a sufficient number of "breath
test" readings taken, and do the results fall within
The police will in most cases administer Field Sobriety
Tests to determine if you should be arrested. The officer's
interpretation of these tests can be challenged or suppressed
based on many factors.
What is your true balance and coordination?
Do you have any physical disabilities like a bad back
or bad knees? You may have been nervous, tired, or distracted
during the testing. Whether the video tape accurately
depicts your true state of sobriety at the time, or is
unfairly effected by traffic, noise, or poor lighting.
This report is only an interpretation of the events leading
to your arrest.
Did the police officer stop you for
a valid reason?
Is the officer's account of the facts consistent with
your recollection and those of any passengers in your
vehicle? Were you properly read your Miranda warnings?
Were any statements made by you coerced?
Questions to Ask .
The hiring of a lawyer you feel comfortable
with is an important decision.
Asking the right questions should be your first step in
retaining experienced legal counsel.
Give us a call today and we will set up a FREE appointment
to sit down and answer the questions you may have about
LEARN WHERE YOU STAND AND WHAT YOUR OPTIONS ARE:
What are the strengths and weaknesses of your case?
Did the officer have a valid reason to stop you? Can the
breath test be ordered not admissible in court? How would
a refusal to the breath test effect your case? Can steps
be taken to provide you with a driving permit for work?
Will a review of the video tape reveal defenses? Can your
case be handled without your appearance in court? Can
your bond be reduced or returned? Can your case be reduced
by the prosecutor to a lessor offense such as reckless
driving? Can a "continuance" of your court date
be obtained to investigate your options? Contact us at
ATTORNEY AT LAW
619 Chestnut Street
Clearwater, Florida 33756
The hiring of a lawyer is an important
decision that should not be based solely on an advertisement.
Before you decide, ask us to send you free written information
about our qualifications and experience.