The Florida Highway Patrol, along with police in Fort Lauderdale, Miami and West Palm Beach, will be out in full force during Memorial Day weekend, keeping an extra eye on drivers they suspect of DUI and other driving infractions.
And according to AAA, more than 35 million Americans will be traveling this holiday weekend. That's up about 100,000 travelers from the people last year who traveled 50 miles or more from home during the holiday weekend. So, stay safe and be careful.
But if you are arrested as part of the many checkpoints that officers will conduct during the long holiday weekend, don't try to fight it alone. Broward DUI defense lawyers have seen thousands of these cases and are prepared to discuss your defense right now.
According to troopers, they will participate, along with local law enforcement agencies, in the annual "Click It or Ticket" campaign that aims to increase the number of drivers and passengers who wear seat belts. According to FHP statistics, Florida's safety belt use climbed to 87.4 percent after last year's Memorial Day campaign.
Under Florida law, all drivers and occupants in the front seat of a vehicle must fasten their seat belts. Occupants under 18, regardless of where they are sitting in the vehicle, must also buckle up. If convicted, motorists who are ticketed for not wearing a seat belt can be charged $30 plus court costs if they are convicted.
As The Palm Beach Post pointed out recently, troopers have had problems filing tickets, which is why you shouldn't rush to pay them. In Palm Beach County, more than 1,000 tickets weren't filed, in many instances, for two years. And under state law, tickets must be filed within certain time periods or they should be voided.
You shouldn't automatically concede to authorities and pay the ticket. Often there is a relevant defense to the ticket that can save you points on your driver's license. Too many points, and you could have it suspended.
But along with traffic infractions, officers will no doubt be looking for South Florida drunk drivers this weekend. In order to investigate you for DUI, an officer has to spot a traffic violation occurring. Typically, they use a seat belt infraction as a reason to pull you over. Others include making wide turns, stopping quickly or weaving in and out of traffic. After pulling you over, if they believe you have been drinking, they start an investigation.
They can perform field sobriety tests, such as touching your fingers to your nose and walking in a straight line, as well as ask you to submit to a breath test to determine your blood-alcohol level. The legal limit in Florida is .08. These tests often are defensible as well. Breathalyzers are constantly being challenged for their accuracy, and field sobriety tests can be administered incorrectly by officers. You also may not be able to complete them because of a physical ailment and be charged nonetheless.
West Palm Beach DUI Attorney Carlos Canet is an aggressive and experienced drunk driving defense attorney, representing clients facing DUI charges in Fort Lauderdale, Miami and West Palm Beach. Call 866-7ASKDUI to discuss your rights.
