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St Petersburg Criminal Defense Lawyer

St Petersburg Criminal Defense Lawyer Attorney Dyril Flanagan Freedom First

10 Day DUI Rule Redux
By Dyril Flanagan on February 10, 2009 7:49 PM | No Comments | No TrackBacks

I posted a blog yesterday on Florida's 10 Day Rule regarding DUIs. I didn't mention a few particulars that I thought the readers of my blog might find interesting. If someone takes advantage of the 10 Day Rule, they should know the following:
1) it's an adminstrative hearing at which they may be present but they will not be asked or compelled to testify;
2) the hearing is a good opportunity to question the officer as to why he/she stopped you. I get to question motives and evidence PRIOR to your DUI case; this is huge in terms of the defense getting a head start in your defense;
3) the burden of proof is squarely on the law enforcement officer; in fact, if he/she is not present you'll receive your license back immediately until your DUI case is resolved;
4) your attorney is allowed the unique opportunity to size up his opponent in a setting that can only help you, his client; I'll know the law enforcement's case's strengths and weaknesses at the end of the administrative hearing;
These are huge advantages to anyone facing a potential DUI charge. If you're stopped and charged with DUI, know the particulars of the 10 Day Rule, it's to your benefit.