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Month: September 2015

Part 3: Pretextual Stops by Police are Permissible

Posted in Civil Rights,DUI,Firm News on September 28, 2015

I can’t tell you how many times my clients have explained in painstaking detail why they believe the police didn’t pull them over because of a traffic infraction, but rather, because of their race, gender, ethnicity, or something else (i.e. flashy car). In the law, these are referred to as “pretextual” justifications. I usually get the same expression from those clients when I explain that, sadly, even when their sus

Part 2: You Don’t Have To Be Driving To Get a DUI

Posted in DUI,Firm News on September 24, 2015

Remember when I said that Florida’s DUI laws apply to anyone “driving or in actual physical control of a vehicle”? Well, that means exactly what it sounds like: you don’t actually have to be driving to be arrested for DUI.

Part 1 – The Other DUI: Driving Under the Influence (of Ignorance)

Posted in DUI,Firm News on September 23, 2015

Almost everybody knows the maxim: “ignorance of the law is no excuse” (meaning, one’s lack of awareness about a law will not save him or her from criminal liability should they violate it). And yet, my experience as a criminal defense lawyer in Miami has shown me that an overwhelming majority of people in South Florida are just that: ignorant of the law.

How Unappealing: Managing Expectations on Appeal

Posted in Firm News,The Courts on September 21, 2015

Whenever someone is in the unfortunate position to have taken a case to trial and lost, his or her focus might immediately shift to filing a direct appeal. Of course, just about any trial lawyer will tell you that few trials are ever conducted without error, and appealing a case to ensure that those errors… read more