Should I fight my DUI? Should I go with a Public Defender or obtain my own attorney?

If you weren't intoxicated and feel you are not guilty, then yes you should fight the charge. A DUI charge can have lasting impressions on your record and cost you thousands in fees, fines and other costs. An attorney won't be cheap either, but having a clean record and not letting the state push you around and impair your future is worth it. Contact a local DWI attorney and let them analyze the evidence (or lack of evidence) against you and prepare a case. Good luck.

I noticed you are from Rockledge - my neck of the woods. I practice criminal law, including DUI, where we both reside in Brevard County. There are a great deal of stops along A1A on the beaches, especially with the many bars and restaurants at the Cape and with the youth in Cocoa Beach. You were stopped because of the "Move Over" law, which went into effect some years ago to safeguard law enforcement and emergency vehicle personnel (too many serious injuries and deaths from being struck by passing traffic). If a driver will be passing one of the forementioned vehicles (parked on the side of the street or highway) and cannot move over to another lane farther away from the parked vehicle (due to other traffic, etc), the driver MUST slow to a speed at least 20 mph less than the posted speed limit. If the driver does not do either one, then law enforcement may legally pull you over and cite you, with the end result being the paying of a fine. Based on the facts given, I assume it was a legitimate stop. However, if you did slow down to at least 20 mph under the posted limit, a Motion to Suppress for an invaild stop is in order. Regarding the DUI investigation, most law enforcement agencies have DUI units formed to enforce the DUI laws on the books in Florida. Most agencies are proactive, and it appears your case is a great example of a DUI stop. The fact that you did not "blow" into the breathalyzer device likely is a positive in your case. More DUI cases result in a plea or a finding of guilt at trial if the defendant blows than if he does not blow. The discrepancy is not wide, but it is apparent. It appears you did relatively well on the Field Sobriety Exercises (FSEs). One does not "pass" or "fail" FSEs, but the better you do, the better your chances with the prosecution in terms of a plea offer and resoultion of the case, or with a jury at trial. Your matter, based on what you have included in your post, could very well be a "reckless driving" plea offer (allowed with DUI cases in Florida), which of course would look better on your record. If you do not accept it (if indeed it is offered) than of course you have the option of taking it to trial, where you may prevail. I have argued for both sides (defense and prosecution) in DUI cases through the years, going back more than a decade. My side has prevailed the vast majority of the time. If you do not want a court appointed public defender, get a consultation from a private attorney. After looking at the prosecution's "discovery" (all of the information about the case), we can discuss in depth and I could counsel you further. Feel free to call (321.795.4232) or email me ([email protected]) anytime.

You should certainly fight this charge. As a Brevard County DUI lawyer I am quite aware of the A1A are known as the guantlett. First off, you should hire a private attorney. Although the public defenders in this area can be really good, they are limited in what they can do. You refused the breath test which means that your license is suspended for 1 year. You have 10 days from the date of your arrest to challenge this license refusal. The public defender does not do that service for you. Once you demand a hearing (called a "formal review") you get an extension on that 10 day temporary driving permit. Usually a private attorney can demand an extension and challenge that year refusal. The mere setting the refusal suspension for the formal review hearing will give you an extra 45 days or so of being able to drive for business purposes. If you do not hire a local attorney, and you do not challenge the refusal suspension, you will not get that extra driving permit. Being able to drive is priceless. Besides the issue described above, there are many technical defenses to DUI. A well-trained DUI lawyer is more than familiar with the many caveats to DUI law. The first thing a good DUI lawyer will do is try to get all evidence thrown out after the officer stops you. Officers cannot stop you without probable cause that you violated some traffic law. This traffic stop in your case was made pursuant to “Move Over Act” as codified in, §316.126, Florida Statutes. The Act requires the operator of a motor vehicle when approaching an emergency vehicle that is displaying its flashing lights to vacate the lane closest to the emergency vehicle as soon as it is safe or slow down to 20 MPH below the posted speed limit. §316.126, in part, reads, “(1) (b) When an authorized emergency vehicle making use of any visual signals is parked or a wrecker displaying amber rotating or flashing lights is performing a recovery or loading on the roadside, the driver of every other vehicle, as soon as it is safe: 1. Shall vacate the lane closest to the emergency vehicle or wrecker when driving on an interstate highway or other highway with two or more lanes traveling in the direction of the emergency vehicle or wrecker, except when otherwise directed by a law enforcement officer. If such movement cannot be safely accomplished, the driver shall reduce speed as provided in subparagraph 2. 2. Shall slow to a speed that is 20 miles per hour less than the posted speed limit when the posted speed limit is 25 miles per hour or greater; or travel at 5 miles per hour when the posted speed limit is 20 miles per hour or less, when driving on a two-lane road, except when otherwise directed by a law enforcement officer.” If your did not violate subparagraphs 1 and 2 (better stated, if the state cannot prove that you violated subparagraphs 1 and 2), the officer should not have stopped you. That means that all evidence the officer discovers after the stop should be thrown out. In your case, all the evidence of DUI will be excluded and your case dismissed. In addition to challenging the stop, a well trained attorney can get other evidence thrown out in some circumstances to include: the field sobriety exercises, the refusal to submit to the breath test, and your incriminating statements. Don't just give up. Fight this charge to preserve your record. Jason Hicks, Esq. DUI Defense Lawyer Melbourne, FL

Rather than say fight it....I like the term prove it!!! Good luck!!