Broward DUI Lawyer Blog

What you should know about South Florida DUI defense

South Florida DUI defense requires the expertise of a qualified and experienced lawyer. Whether you are a South Florida DUI attorney, South Florida DWI attorney, or South Florida drunk driving attorney, all attorneys that specialize in the defense of Florida DUI, DWI, or drunk driving charges know Florida's ten day rule. In the event someone is arrested for a DUI in South Florida, there are two separate cases that arise: the court case and the Florida Department of Highway Safety and Motor Vehicles case.

If you have been charged with a DUI in Broward, Miami-Dade or Palm Beach, and refused to submit to a breath, blood or urine test, or tested with results of 0.08% or higher, the state of Florida only gives you 10 short days to respond to these charges by requesting a hearing with the FDHSMV. This hearing is the only option available to potentially save your license, which will automatically be revoked if you fail to respond to your charges within these ten days.

Continue reading "Florida DUI Ten Day Rule" »

The Florida legislation has increased in severity over the past few years in the area of criminal traffic offenses. South Florida DUI attorney Carlos Canet considers it part of his job to educate people of the changes and alterations with regards to Broward County, Miami-Dade County, Palm Beach and other South Florida communities criminal traffic offense laws. A number of laws that were once considered misdemeanors now carry heavier titles and punishments.

The penalties for fleeing and eluding a police officer, for example, have undergone dramatic changes. Prior to these changes, the statute and the most severe punishment for this offense was a year in the county jail, a sentence that was imposed rarely, if ever. The person charged could expect probation and community service and perhaps a letter of apology to the police officer.

The Laws of Fleeing & Eluding have CHANGED in South Florida

The offense of fleeing and eluding a police officer is now treated as a third degree felony punishable up to five years in the state prison, a $5000.00 fine and an automatic license suspension of two years. The individual who is guilty of this offense will be automatically adjudicated. That means the person will have a criminal record as a convicted felon, which leads to other complications in life. Contact Carlos Canet, Fort Lauderdale based criminal defense attorney for any questions about the updated Florida laws.

Local law enforcement agencies are responsible for checking the temperature of Intoxilyzer 5000 simulator solutions during monthly maintenance procedures. In 2004, Fort Lauderdale DUI defense attorney Carlos Canet was exploring the methods the law enforcement agencies were using to check the Intoxilyzer equipment.

Mr. Canet was interested in investigating the type of water the law enforcement agencies were using to perform blank calibration checks, as it calls for distilled water. Mr. Canet intended to depose as many police agency inspectors as possible to develop the issue of improper maintenance of the Intoxilyzer machines.

While questioning an agency inspector for the Town of Davie, Florida, in 2004 Mr. Canet asked the inspector what water she used to perform a blank calibration check. The inspector responded that she used distilled water. Mr. Canet asked where the distilled water came from, and the inspector did not know. The agency inspector did not even know who supplied the water. The highlight of the conversation was when the inspector admitted that they had not used bottled water for maintenance since the inspector four years prior, and that they were indeed using tap water.

It has been found, without refutation, that the chemicals found in tap water produce false positive results on the Intoxilyzer 5000. This discovery has been a landmark in South Florida DUI defense, and a rewarding journey for Broward County DUI attorney Carlos Canet.

Fort Lauderdale DUI defense attorney Carlos A. Canet has a solid history of success. The results of his cases speak for themselves, and outline his legal expertise on defending those charged with DUI related offenses in Broward, Miami-Dade and Palm Beach Counties.

Recently, a client was charged with one count DUI Property Damage and one count Careless Driving. This client was involved in a two-vehicle collision in Hollywood, Florida, where he rear-ended the other vehicle. The client was arrested for DUI at the scene of the accident, and taken to an area hospital where his blood was drawn. As the client's defense attorney, Carlos Canet was able to successfully suppress the blood results from being used as evidence.

This case went to trial in 2006, with a different South Florida DUI defense attorney. This attorney did not win the trial, which resulted in the client being sentenced to 364 days in Broward County Jail. The client's family then contacted Broward County DUI defense attorney Carlos Canet to represent him during his appeal. Carlos Canet was able to have the client released while the appeal was pending. Mr. Canet won the appeal and the case came back for trial in Broward County DUI court, where the client accepted the state's offer of a Withhold Adjudication for Reckless Driving with only court costs incurred.

70. 08/26/08 02-016183MM10A (Robinson)
Count I: DUI/Property Damage (Withhold Adj. Reckless)
Count II: Careless Driving (Dismissed)