Have you ever heard of the accident report privilege?
Any late-night phone call or knock on the door to Florida parents waiting for their teenage son or daughter to return with the family car at the end of a night out can be tense.
One of the most common questions a criminal defense attorney gets asked is if stopped for a DUI do I have to take a breath test??? The short answer is NO, you are not required to submit to any breath tests for a normal DUI. The exception to this rule is if you are in an accident that causes serious bodily injury or death and a breath test is impractical the cop can take blood.
It's certainly newsworthy in Florida and potentially of interest to some of our readers, so we're reporting it.
Your case is closed and post arrest you want to get your case sealed or expunged. Sealing and Expungment; post arrest is very important especially in this economy where jobs are hard to find. Many people wonder what the difference between sealing and expungment[A1] is. First question is whether you are able to do either. You cannot have any convictions on your record and your case had to be either dismissed or you received a withhold of adjudication for a charge that qualifies to be sealed. There are some charges even if you have no criminal history and you received a withhold of adjudication you cannot seal or expunge them.
If you are driving with a suspended license you are giving the police probable cause to pull you over even if you do not commit any traffic infractions. Drivers License suspension and revocation allows cops to run your license plate to see if you have any warrants, valid registration and a valid license. If they see that the registered owner of the vehicle has a suspended license and you look similar to the owner of the vehicle they can pull you over.
We provided our readers in Florida and elsewhere with some introductory information regarding the state’s ignition interlock program and requirements in a blog post from autumn of last year (please see our entry dated October 27, 2014). We follow up with some additionally relevant details regarding interlock devices today,