Failing field sobriety tests no guarantee of DUI conviction in Miami

Many motorists charged with DUI in South Florida mistakenly believe that doing poorly on field sobriety tests means there is little chance of beating a drunk driving charge in Miami or the surrounding area.

This is simply not the case. Field sobriety tests are nothing more than a subjective opinion about whether or not you are intoxicated made by a police officer whose job it is to gather evidence of your guilt! Nor is it likely that you will perform so well that you will avoid a DUI charge. Typically (read always) an officer has decided to charge you with drunk driving by the time you are asked to perform sobriety testing, and is simply gathering evidence to be used against you in court.

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Miami DUI arrests, sobriety checkpoints, a Thanksgiving holiday danger

Authorities will be out in force this weekend conducting DUI checkpoints in Miami and engaging in other aggressive enforcement tactics targeting drunk drivers.

Miami DUI Defense Lawyer Brian Barakat and the staff at our law office wish each of you a safe and enjoyable Thanksgiving weekend with friends and family. Please celebrate responsibly and if you find yourself in need of legal representation, contact us to discuss your rights.

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Miami Criminal Defendant Bauder Obtains a Writ of Habeus Corpus With the Help of Court Appointed Attorneys

Misadvise by an attorney as to the negative consequences of a plea can form the basis to set a criminal plea aside. In Baduer v. DOC, the Defendant already lost a hearing in which he claimed his attorney had actually told him his plea would not have negative consequences. However, although he had lost at the State Court level, he could still seek a writ of habeus corpus Federal Court.

In 2002, Bauder was charged in Miami Dade county of aggravated stalking of a minor. This is a state court crime, which could lead to civil commitment under the Jimmy Rice Act. Bauders criminal defense attorney told him that in his opinion this charge would not lead to involuntary commitment. After pleading guilty to a violation of his community control Bauder sought to set aside his plea on the grounds that he was misadvised of the potential consequences of his plea. The Circuit Court in Miami summarily denied the motion.

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Miami Real Estate Crime Turns on Value

In Miami Florida, Straw Buyers accused of being part of Real Estate Fraud are being offered significant prison terms in Federal Court by Assistant United States Attorneys. This is sending a message to people who have incorrectly believed that because they were on the fringe of a large crime that they would be treated lightly, “Don’t Count On It”! Hire an experienced Criminal Defense Attorney who can protect you, particularly in Federal Court.

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Miami’s District Court of Appeals Reverses Convictions but Affirms Criminal Sentence in DUI Manslaughter Case

Miami Dade Circuit Court Judge Marisa Tinkler Mendez convicted Mark David Ivey of DUI manslaughter, leaving the scene of an accident and vehicular homicide despite the best efforts by his defense attorney. Although he was convicted on all three counts, the court only sentenced him on the DUI manslaughter charge. Mr. Ivey appealed the jury’s decision and the verdict.

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