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TRAFFIC STOP ADVICE: JUST SAY NO TO A Orlando DUI

March 22, 2018 by Joe Knape

 Don’t volunteer information that can be used against you for an Orlando DUI

As an attorney who’s handled hundreds of Orlando DUI cases, my counsel to clients is their defense begins with the traffic stop. Limiting the evidence the prosecution can bring is the first step in any defense. And while a traffic stop is an opportunity for the prosecution to collect evidence, if a driver is prepared, a traffic stop can be just that: a stop.

Always ask why you have been stopped

For a traffic stop to be lawful, the police officer must have a reasonable suspicion that the driver has committed an infraction. The officer should disclose the infraction immediately upon communication with the driver. If not, the driver should immediately ask the reason for the stop.

Avoid voluntary questions

If the driver is accused of a traffic violation that inherently does not have a component of impairment including speeding or rolling a stop sign, the driver can decrease the likelihood of a Orlando DUI investigation by avoiding answering questions unrelated to the violation. Examples of such questions, which are designed to elicit voluntary information, include: where you are going, where are you coming from, why were you speeding, have you been drinking, and how much have you had to drink. The driver isn’t obligated to answer and might respond by saying the questions aren’t related to the observed traffic violation. Or, the driver may say, “I don’t feel comfortable answering those questions without an attorney present.” Finally, the best approach may be to decline answering at all. The driver can follow up by asking the officer, “Am I free to leave?”

Information collected with these voluntary questions can form part of the basis for a Orlando DUI investigation. An admission to consuming alcohol, even if the driver says, “I only had two beers,” when coupled with observations the officer has made about the driver — slurred speech, bloodshot glassy watery eyes, trouble locating documents, odor of alcohol and anything else visible that may indicate alcohol consumption — can and likely will lead to the officer asking the driver to exit the vehicle.

With no driver-volunteered information, the officer must rely solely on driving pattern and observations, which might decrease chances of a DUI investigation. Even so, driving pattern and observations could still be sufficient for the officer to request the driver step out of the vehicle. If the driver is asked to step out of the vehicle, he or she should be aware that the officer will make more observations about how the driver exits the vehicle, uses the car to balance, has an orbital away, or trouble walking to the officer at the rear of the vehicle.


Refuse field sobriety exercises

Once the driver exits the vehicle, the next question typically is whether he or she is willing to perform some exercises to assess ability to drive safely. The answer should always be no.  Field sobriety exercises (FSE) are voluntary and the driver cannot be suspended or punished for refusing to perform them.  The FSE’s are the most common tool to establish enough probable cause to arrest the driver for DUI. If the exercises are refused the officer will be left to base his or her decision to arrest on less reliable information such as the personal observations and the traffic infraction. I know of specific instance in which an acquaintance followed my advice and refused to perform FSE’s while sitting in the car. As a result, the officer decided that he didn’t have enough with the speeding infraction and observations to arrest for DUI.


Help me help you

While I stand by this counsel, it’s important to understand that it’s not a perfect roadmap to avoiding a DUI. Even a driver follows it perfectly, he or she could still be arrested and taken for the breathalyzer.  However, I can state with a high degree of certainty that if a driver were arrested, but followed this advice, I would have a much better ability to defend the individual than otherwise. Remember, a traffic stop is just a stop, unless the driver volunteers information that could turn it into an arrest.

 

By Joseph Knape, Esq.

Filed Under: News Tagged With: advice, apopka, daytona beach dui lawyer, defense lawyer, dui, dui investigations, dui lawyer orlando, orlando, traffic stop

Getting a Divorce in Florida

August 18, 2015 by iqmcontent


Getting a Divorce in Orlando, Florida

The Three Most Important Things to Consider When Getting a Divorce in Orlando Florida are:

What should I know before I start the process of getting a divorce?

The conversation starts in a hundred different ways.

“Honey, I think I want a divorce.”

Sometimes it’s expected.

“I want to try it apart for a while.”

Sometimes it is not.

“It’s just not working anymore.”

Either way, bringing the question of divorce into a marriage is like cracking an egg into a bowl.

There’s no putting it back in the shell.

Telling My Spouse I Want a Divorce in Orlando, Florida

If the thought of telling my spouse I want a divorce in Florida has crossed your mind, don’t make the mistake of speaking without thinking. When you start to consider divorce, you need proper preparation in order to make sure that both the initial conversation and the entire process go smoothly.

Take the time to think about these key factors before you tell your spouse that you need to talk.

Is Divorce the right thing to do? Is Telling my spouse I want a divorce in Florida a good idea?

Divorce is a serious and life-changing decision. It is not the best option for everyone. Talk to a mental health professional or a friend, or spend some time thinking or journaling to make sure that you are fully aware of why you are making the decision to divorce, and whether you are ready.

Ask yourself:

  • Am I prepared to go through with the divorce?
  • Is this based on an emotional reaction or is it an earnest and intentional desire?
  • Am I aware of the negative consequences of this decision?
  • Have I explored the best possible options to resolve our marital issues?
  • How will I behave during and after my divorce?

Financial Aspect to Divorce in Orlando, Florida

Getting a divorce can be expensive, particularly if the process is contentious or if there is extensive property to divide. Even if you don’t want to hire a lawyer to work on your behalf throughout the process, it is wise to consult with a local divorce attorney before opening discussions. Consider the financial aspect to divorce in Florida. You can use your meeting with the divorce attorney to clarify or expand upon any of the questions you may have about court procedures, and learn what information you’ll need before you can move forward.

You can prepare for your meeting and help to protect your financial interests by pursuing the following steps after requesting a divorce:

  • Identify what each of you owns in salary or property, and what each of you owes in debt.
  • Get copies of all joint documents, such as W-2 forms and tax returns.
  • Know what types of insurance and/or pension plans you both carry.
  • Close any and all joint bank accounts.
  • Know how much your lawyer charges, and whether you are working under an hourly rate or a flat fee for the services provided.
>Getting a Divorce in Florida: Children in Florida Divorce

We can’t predict the future. But on a day to day level, there are certain concerns that we can expect to come up in the course of a given month or year.

In a divorce case, some of those questions are necessarily basic. But not everyone takes the time to consider the answers before opening divorce proceedings.

Do you know, for instance, who is going to live where?

Yours may be a situation where you need to get out of the house as soon as possible. Or your divorce attorney may advise you to maintain a position of strength by taking steps to remain in your house.

Do you know whether you have enough money to live on?

How much does it cost to run your household? If you aren’t regularly responsible for paying the bills, you may not know what your regular costs are for rent or mortgage, electricity, water, heat, and miscellaneous expenses like property maintenance. You’ll also need to have a strategy for paying them, whether that will be a savings account, your own credit, or regular employment.

Do you know what will happen to your kids?

If you have children, they represent the most important element to be considered in your divorce.

The most important priority is to make sure that you preserve your relationship with them. Make sure you spend time with them, and that you don’t treat them like pawns in your divorce proceedings. Seek the advice of a qualified custody attorney when beginning proceedings, and be sure to not leave any threatening messages or conduct yourself in a way that reflects on you poorly.

Filed Under: News Tagged With: divorce in orlando, orlando, orlando divorce

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