Jacksonville DUI Defense Lawyers
at Fallgatter Farmand & Catlin Attorneys at Law
There are few worse feelings in life then seeing the blue lights flashing in your rear view mirror. You feel helpless and afraid. An armed state officer, with the power to take away your liberty and your driving privileges, is walking up to your car. A thousand thoughts race through your mind. You open your window and are told, "License and registration." Then you hear the order, "Please step out of the car."
The officer may be polite. He may say he is there to help. Or he may seem angry and threatening. What all officers have in common during a DUI investigation is they are looking for evidence to arrest you. They will ask you to perform certain "exercises" to "prove" you aren't impaired. You agreed, only to find them shining flashlights in your eyes, having you walk a tightrope while standing like a ballerina, and then balancing on one leg with your eyes closed – in other words, things that most people never do normally, and that you never do while driving. Then, you were handcuffed and driven off to jail, searched and given a tube to blow into, where some machine you never saw before will magically decide if you are impaired. You are warned that failure to obey means your license will be suspended - and it will be used against you in court.
The next morning, still reeling from being put through the system, and likely with little sleep, you are taken to court with scores of others, marched in shackles, and crammed into narrow benches. They show you a movie, which is supposed to make you enough of an "expert" on your rights and the law so as to make an informed decision about what to do about your case. You are told you can plead guilty and get out of jail with probation. You make what you think is the only choice you can - because you need to get out to get home, to your family, and to work, and then what?
Then contact us. We will sort out all the whirlwind events. They have told you that since you drank and drove, you are a criminal. Nonsense. Impaired driving is a crime. Having a drink or two over a couple hours is not.
You have rights. You have options and choices. Do not assume that because they smelled alcohol you have lost, or that because you did not walk that line in that unnatural position, there is nothing that can be done. There is, and we can help.
The first thing to know, after a DUI arrest, is that you are on a 10 day clock. You are allowed to drive for 10 days after your arrest, and to request a "Formal Hearing" with the Department of Motor Vehicles. That is a key time period. You need to drive and you need that hearing. Many lawyers miss that important chance to both fight for your license and to extend your driving privileges. Having that administrative hearing accomplishes both of these goals - and gives your attorney a chance to pin the arresting officer down, under oath.
Most importantly, it is also the first step in fighting the criminal charges against you. A DUI arrest has a criminal component, that can result in fines, probation, and incarceration. Jail time is mandatory for a second or third DUI conviction (depending on how old the others are). Multiple DUIs can be charged as felonies. Lifetime loss of driving privileges as well as prison time can result.
The DUI also has an administrative component, and you can fight your license suspension. A good DUI lawyer will do both - that is, the criminal part and the DMV part – and not charge extra for it. We do both, for one flat fee.
A DUI is not an open and shut case. There are many requirements of proof and issues of evidence that the State should be made to overcome before deciding whether to plead guilty. If you were stopped improperly, all evidence that comes from that stop can be excluded, kept out of court, and not used against you. Many times, officers will claim that a driver has failed the field test, only for us to review the video and prove them wrong - perhaps a often as 50% of these videos. Breath tests too, can be flawed, and since they are often given several hours after you were last driving, there are defenses to a "failed" breath test, too. We do all these things, and do them daily.
If you did plead guilty that first morning in court - don't think it's too late to get help. It isn't. We can also assist in withdrawing your plea, under many circumstances, and fighting your case. Find out your options. The only way to surely lose is not to understand your rights.
If you were in an accident, and blood was drawn, there are rules and procedures the State must follow, in order to convict you of DUI. Many times, officers are unfamiliar with all the rules, or just cut corners. Those rules and procedures exist to protect you and your rights. We make sure the police follow all the rules. You are entitled to nothing less, and we see to that.
Finally, many times other traffic tickets are given along with a DUI. Or, it may be that you simply got traffic tickets and no DUI. We can help there, too. Tickets can mean points on your license, and like a DUI, they can mean higher (or unavailable) insurance - often for years. And, if you got a ticket for being in an accident, a conviction may prevent you from denying fault if you are sued.
Know your rights. Insist on them. Find a lawyer who will fight for them. Fallgatter Farmand & Catlin is that firm. Contact us for a free consultation. Make the informed, intelligent decision. Take back the power, and make the State answer to you.
