DUI Deposition Shows Why DUI Attorneys Must Know More than the Law

September 23, 2014 by

DUI Deposition regarding cocaine impairment.

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Hire a DUI Attorney Who Knows the Law and the Science

The Florida DUI statute is FL Stat 316.193. Here is what it says in a nutshell, the state must prove beyond a reasonable doubt that:
1. You were in actual physical control of a motor vehicle;
2. On the streets, highways or a public vehicular area within the State of Florida;
3. While impaired by alcohol, certain inhalants listed in FL Stat 877.111 or a controlled substance listed in Chapter 893 of the Florida Statutes.

Florida uses urine testing for DUI drug cases with limited exceptions. Drugs typically have longer detection windows in urine tests than in blood tests. Indications of marijuana use can be detected in urine for up to 30 days after ingestion. However, that does not mean that a person is high on marijuana for 30 days. It simply indicates that certain chemical markers are present even after the drug has lost it pharmacological effect. How can a drug stay in your system, yet not make you high? The answer is that it can’t. Once the drug a/k/a the “parent compound” enters your system, it begins to break down into metabolites. For purposes of this example, metabolites can be divided into 2 categories. 1) active metabolites – has a pharmacological effect and 2) inactive metabolites – doesn’t have a pharmacological effect. So what substance did the toxicologist find in the urine? Was it the parent compound? Was it an active metabolite? Was it an inactive metabolite? A DUI attorney needs to know how a drug metabolizes in a person’s system and what substance is being detected on a drug screen. As you can see in the DUI deposition below, an individual was accused of driving under the influence of cocaine. He hired a good defense attorney, Daniel Rosenberg, who understands the limitations of urinalysis. As a result, the client’s DUI was reduced to a reckless driving and withheld adjudication.

[gview file=”https://yourfloridacriminalattorney.com/wp-content/uploads/2014/09/DUI-Cocaine-Urinalysis-Depo.pdf” save=”1″]

Fort Lauderdale DUI Attorney, Michael Dye, represents individuals charged with all types of felonies and misdemeanors including, but not limited to contempt of court.  For more information, please contact Mr. Dye at his Fort Lauderdale or Miami office:

The Law Offices of Michael A. Dye, PA, 1 East Broward Boulevard #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Deposition courtesy of The Law Offices of Daniel Rosenberg, PA

Filed Under: DUI Drug, DUI Lawyer, Urinalysis Tagged With: , , , ,

Alternative Dispute Resolution in Criminal Defense

September 16, 2014 by
Motion for Fist Fight

“You wanna take it outside?”
UH-OH! LAWYERS GETTING READY TO FIGHT!

With every professional services industry there is the “old way” of doing things and the “cutting edge.”  As technology and general knowledge advances, those who do not adapt oft get left in the dust.  The recent economic caused both large and small law firms to examine their business models and adjust to eliminate inefficiencies by use of technology or simply cutting staff with IP attorney in Chicago checking them out.  Motion practice is very much the same.  An attorney has to stay up to date with new case law and new legislation.  An attorney should always be on the lookout for ways to improve his or her practice and/or the system in general, read about it here to learn more about DUI lawyers.

Alternative dispute resolution frees up court resources by handling contested legal matters outside the courtroom.  Mediation and binding arbitration are commonly used means of alternative dispute resolution in civil law.  Even in family law, which are some of the most contentious cases, mediation settles most every case.  Outside of diversion programs, there is no means of effective alternative dispute resolution in criminal law.  That is not to say that this area has never been explored or attempted by defense counsel.  One such attempt is documented below.  We would like to commend the criminal defense attorney for being a forward thinking advocate for the use of alternative dispute resolution in criminal cases.

[gview file=”https://yourfloridacriminalattorney.com/wp-content/uploads/2014/09/motionforfistfight.pdf” save=”1″]

Criminal defense attorney Michael Dye represents individuals charged with all types of felonies and misdemeanors including, but not limited to contempt of court.  For more information, please contact Mr. Dye at his Fort Lauderdale or Miami office:

The Law Offices of Michael A. Dye, PA, 1 E Broward Blvd #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Filed Under: Criminal Lawyer Tagged With: , , ,

DUI Investigations Phase II | Face-to-Face Contact

August 30, 2014 by
DUI Investigation

DUI Investigation Phase II

Fort Lauderdale DUI Attorney | Miami DUI Attorney

Phase II DUI Investigations | Personal Contact

At the beginning of Phase II, the police officer has already seen how the driver was operating the vehicle and noted “cues” of impairment if any.  There are many times when an Officer does not detect any cues during Phase I.  It is important to illicit the fact that the officer did not witness any Phase I cues and therefore did not have reason to believe that this was a DUI stop.  Checkpoints and accidents are common scenarios when a police officer does not witness any Phase I cues that’s why lawyers in these situations are common and you can find the best online at sites like https://www.harrybrownlaw.com/atlanta-motorcycle-accident-injury-attorney.  It is not abnormal for an officer to see a car driving and pull the car over for an infraction without witnessing a Phase I cues.

Face to Face Contact

In phase II of a DUI investigation, an officer will observe and interview the driver face to face in order to determine if there is reason to continue with the DUI investigation.  Some departments mandate that any individual suspected of DUI must exit the vehicle.  Accordingly, the interview that takes place during this phase can be done with the suspect inside or outside of the vehicle.  NHTSA guidelines specifically state that Phase II can be initiated without Phase I.  Specific examples given by NHTSA include roadblocks and accident scenes.

Divided attention questions are a commonly used technique by law enforcement to assist with making a determination of impairment.  The questions are designed to determine your ability to focus on two tasks at the same time.  “May I see your license and registration?”  “What is your name and date of birth?”  As you are looking for your license and registration, the police officer is going to be watching for signs of impairment such as if you pass by your license in your wallet as well as indicators of physical impairment such as “fumbling fingers.”  and other indications that your mental and physical faculties are impaired.

NHTSA does not list the statistical correlation to impairment for Phase II cues.  Nevertheless, the following behaviors and observations are indicated as consistent with impairment:

• Bloodshot eyes;

• Soiled clothing;

• Fumbling fingers;

• Alcohol containers;

• Drugs or drug paraphernalia;

• Bruises, bumps or scratches;

• Unusual actions;

• Slurred speech;

• Admission of drinking;

• Inconsistent responses;

• Unusual statements;

• Abusive language;

• Anything else;

• Alcoholic beverages;

• Marijuana;

• Cover up odors;

• Other unusual odors;

The “typical” DUI report states a “strong odor of alcohol coming from the defendant’s breath; red bloodshot, glassy eyes and slurred speech.  As is with the cues in Phase I, it is most effective to focus on the things that the defendant did correctly.

If the officer notices one or more of these indications, the officer will inform you that he is going to begin a “DUI Investigation.”  When the police officer tells you that he is going to conduct a “DUI Investigation”, the investigation is already complete and the officer has made his arrest decision.  The standardized field sobriety exercises in Phase III are simply a means of gathering additional evidence of guilt and do not have much of an impact, if any, on the arrest decision.  You are under no legal obligation to take the roadside sobriety exercises.  It is never a good idea to take them.  You cannot prove your innocence.  You can only dig yourself a deeper hole.

DUI Attorney, Michael Dye received additional training in the administration and interpretation of the SFST’s from Doug Scott, a pioneer in the field of the Drug Recognition Expert Program, who is recognized as an expert in the administration and interpretation of the SFST’s.  Mr. Dye has the most current version of the NHTSA SFST Student Manual and actively utilizes it as reference and impeachment material in both depositions and trials.  Mr. Dye has cross examined the arresting officer regarding the SFST’s in over 20 trials and numerous depositions.  For more information, please contact Mr. Dye at his Fort Lauderdale or Miami Office:

The Law Offices of Michael A. Dye, PA, 1 E Broward Blvd #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Next: Phase III DUI Investigations – SFST’s

 

 

 

 

 

Filed Under: 4th Amendment, Criminal Lawyer, DUI Lawyer, Roadside Sobriety Tests, Search and Seizure, Standardized Field Sobriety Tests Tagged With: , , , , , , , , , , ,

DUI Investigations Phase I | Vehicle in Motion

August 27, 2014 by
DUI Attorney | DUI Investigation

DUI Investigations

Fort Lauderdale DUI Attorney | Miami DUI Attorney

Phase I DUI Investigations | Vehicle in Motion

Police officer’s are trained to follow the guidelines set forth by the National Transportation and Safety Administration(NHTSA) when conducting a DUI investigation. The guidelines set forth 3 stages to every DUI arrest. The officers are trained to identify “cues” of impairment in each stage of the investigation. The cues are used to develop probable cause to support a traffic stop and an arrest.

Phase I, Vehicle In Motion Phase I of a DUI investigation is broken down into three subparts.  It consists of a) the observation of the vehicle while it is being driven; b) the decision to make a traffic stop; and c) observations made during the traffic stop. The initial observation of the vehicle begins when the officer, for whatever reason, notices the vehicle. The officer may have witnessed the driver commit a traffic infraction or just thought “Hey! Nice car!” The reason why the officer notices the vehicle is not relevant.

Once the officer notices the vehicle, the officer is trained to look for 24 specific cues that NHTSA has determined to have a statistically significant correlation to impairment. The correlation of the cues range from .35 to .90. Accordingly, one indication of impairment is not going to be probable cause for a DUI stop. The probability that an individual is impaired increases with the number of cues exhibited by the driver.  Typically, officers are looking for two or more cues.  It is important to realize that any traffic infraction can be used as a basis to stop a vehicle even if the infraction is not a specifically listed cue.

NHTSA has divided the driving behaviors into four categories:

  • Problems in maintaining proper lane position | Statistical Correlation to Impairment .50- .75

Weaving Weaving across lane lines Straddling a lane line Swerving Turning with a wide radius Drifting Almost striking a vehicle or other object

  • Speed and braking problems | Statistical Correlation to Impairment .45 – .70

Stopping problems (too far, too short, or too jerky) Accelerating or decelerating for no apparent reason Varying speed Slow speed (10+ mph under limit)

  • Vigilance problems |  Statistical Correlation to Impairment .55 – .65

Driving in opposing lanes or wrong way on one way Slow response to traffic signals Slow or failure to respond to officer’s signals Stopping in lane for no apparent reason Driving without headlights at night Failure to signal or signal inconsistent with action

  • Judgment problems. Statistical Correlation to Impairment .35 – .95

Following too closely Improper or unsafe lane change Illegal or improper turn Driving on other than designated roadway Stopping inappropriately in response to officer Inappropriate or unusual behavior (throwing objects, arguing, etc.) Appearing to be impaired

It should be noted that many times an individual is stopped for excessive speed and nothing more. Excessive speed is NOT an indication of impairment. However, varying speed and slow speed are indications.  Special attention should be paid to the police report to see which cues listed by the officer are statistically correlated.  Quite often, there are no statistically significant cues.  While it will not usually not win a motion to suppress based on the stop, if the officer also witnessed a traffic violation, it is nice to be able to highlight to the jury that there were no indications of impairment based on the driving pattern.

In trial, or in a hearing, the prosecution tends to point to 2 or 3 cues of impairment to establish that a person was too impaired to drive. A good defense strategy is to focus on the 21 or 22 things that the defendant did correctly. A cross examination focusing on what the defendant did right is an extremely effective strategy when there is a “double refusal” meaning that the defendant did not take the roadside sobriety exercises and the defendant did not take a breath, blood or urine test.

When selecting a DUI attorney, ask the attorney about his or her additional training and education with regard to the NHTSA Standardized Sobriety Tests and the 3 Phases of a DUI arrest.  The NHTSA Student Manual is available to attorneys and all serious DUI attorneys should have one.

For additional information, please contact

The Law Offices of Michael A. Dye, PA, 1 E Broward Blvd #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Next: DUI Investigations Phase II

Filed Under: Criminal Lawyer, DUI Lawyer Tagged With: , , , , , , ,

Roadside Sobriety Exercises | Standardized Field Sobriety Tests

July 29, 2014 by
DUI Attorney

Police officer incorrectly administering the SFST’s.

DUI Attorney Miami | Criminal Lawyer Miami

Prior to being arrested for a DUI, and sometimes afterwards, the police often ask a defendant to submit to a series of exercises in order to determine the individual’s sobriety.  These exercises are known as the Standardized Field Sobriety Tests or SFST’s for short. The SFST’s is a series of 3 tests that the National Highway Transportation and Safety Administration has determined can be used to identify impairment in an individual.  The officer demonstrates and then observes the defendant perform the exercises.  The officer is trained to identify certain indicators of impairment that can be used to establish probable cause for an arrest or to simply pile on additional evidence of impairment.

The exercises must be administered and evaluated in a standardized fashion in order to ensure an accurate result.  The tests were developed by NHTSA in conjunction with the Southern California Research institute.  There are only 3 SFST’s that are statistically correlated to impairment.  Those tests are the Horizontal Gaze Nystagmus, the Walk-And-Turn and the One-Leg Stand.   These 3 tests are to be administered the same way every single time and evaluated through the use of strict criteria limiting an officer’s discretion as to what is a “pass” or what is a “fail.”

The unfortunate reality is that the standardized administration and evaluation of the SFST’s is largely ignored by police departments and individual police officers.  The exercises are frequently administered and evaluated incorrectly leading the officer to form an opinion that can not be validated by any of the studies or research.  Additionally, officers that are not properly trained often use improvised exercises that have been found to have no correlation to impairment.  The most common of these tests are the “finger to nose” test, any test involving the alphabet and a wide variety of different counting exercises using your fingers.  Do not be mistaken, those tests are not approved to detect impairment.  Many DUI attorneys are not familiar with the concepts involved with the SFST’s.

When consulting with a criminal lawyer concerning your DUI case, you should ask the lawyer:

1)  Are you familiar with the SFST’s?

2)  What additional training have you received in the administration and interpretation of the SFST’s?

3)  Do you own a copy of the NHTSA SFST Manual?

4)  Approximately how many trials have you had where you cross examined the arresting officer concerning the NHTSA criteria?

DUI Attorney, Michael Dye received additional training in the administration and interpretation of the SFST’s from Doug Scott, a pioneer in the field of the Drug Recognition Expert Program, who is recognized as an expert in the administration and interpretation of the SFST’s.  Mr. Dye has the most current version of the NHTSA SFST Student Manual and actively utilizes it as reference and impeachment material in both depositions and trials.  Mr. Dye has cross examined the arresting officer regarding the SFST’s in over 20 trials and numerous depositions.

For additional information, please contact

The Law Offices of Michael A. Dye, PA, 1 E Broward Blvd #700, Fort Lauderdale, FL 33301 (954)990-0525 or
The Law Offices of Michael A. Dye, PA, 2 S Biscayne Blvd, Miami, FL 33131 (305)459-3286

Filed Under: 4th Amendment, Criminal Lawyer, DRE, Drug Recognition Expert, DUI Drug, DUI Lawyer, Roadside Sobriety Tests, Search and Seizure, Standardized Field Sobriety Tests Tagged With: , , ,