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STAMATAKIS & THALJI, P.L . | myDUIatty.com

Stamatakis and Thalji, P.L. is a leading consumer justice law firm located in the Tampa Bay area and throughout the State of Florida.  Our attorneys are committed to consumers who have been arrested or wrongfully accused of Driving Under the Influence in the State of Florida.

Unlike other firms, Stamatakis & Thalji, P.L. have dedicated their entire practice to helping consumers without hurting their pocket book.  While many lawyers claim they help consumers they are usually only interested in their own bottom line. Our firm is dedicated to fighting for consumer rights against big government and overly zealous law enforcement. Tax payers deserve better treatment from their government. We will fight for you. Call us today and we will help you. 

Our firm provides AGGRESSIVE and EXPERIENCED representation.  Our lawyers are highly trained and aggressive professionals ready to fight for your rights, even if that means going to trial. Consultations are always FREE.

Why myDUIatty.com?

myDUIatty.com is a full service consumer justice law firm dedicated to fighting for your rights against big government and overly zealous law enforcement. At our law firm you will deal with real lawyers dedicated to making sure that your civil liberties are not trampled on. We are not just faces on an expensive color brochure telling you what you want to hear. We are real LAWYERS and believe in our jobs.

OUR JOB IS SIMPLE: PROTECT YOUR CIVIL LIBERTIES

DUI: THE LEGAL DEFINITION

To be found guilty of Driving Under the Influence in the State of Florida, the government must prove the following beyond and to the exclusion of every reasonable doubt:
1. Driving 'Under the Influence.'  First, the government must prove that the accused was driving on a road in the State of Florida while under the influence of alcohol or a chemical controlled substance.
2) Blood Alcohol Content (BAC) above .08%. Second, the government must prove, with competent evidence that the accused had a BAC of .08% or higher. Typically, the BAC is produced in the form of an affidavit signed by the technician sitting behind the breat machine the night the accused gave the sample. OR
3) Normal Faculties Impaired. In the alternative, if the government does not have a breath sample because the accused refused to provide one then the government must prove that the accused's normal faculties were impaired.

THINGS TO CONSIDER

IMPAIRED: A Sliding Scale

Over the years, the Florida courts and legislature have had a difficult time defining the term 'impaired.' Currently, the government  argues that 'impaired' means to weaken or lessen to a material extent.

NORMAL FACULTIES: What is Normal?

Normal faculties refer to a person's ability to walk, talk, see, hear, react, judge distance, drive a car, etc. The government must prove that a person's 'normal faculties' were lessened by the consumption of alcohol or some other chemical substance. Juding a person's individual 'normal faculties' has been a question avoided by the Florida courts and legislature for many years.

MY DRIVER'S LICENSE: 'The Police said it is Automatically Suspended'

If you sit back and do nothgin, the DMV will suspend your driver’s license 10 days after you are arrested for DUI. The traffic citation issued by the police office becomes your temporary driver’s license for the 10 day period. 

CAN I FIGHT THE DRIVER'S LICENSE SUSPENSION? 

YES. You have 10 ten days to apply for a formal review hearing with the Department of Motor vehicles Bureau of Administrative Review. Once you have successfully applied for a formal review hearing the DMV will issue a temporary license for good for 4-6 weeks. Our firm will handle all of your paperwork. All you need to do is hire us before the 10 day deadline passes. 

WHAT IS A FORMAL REVIEW HEARING?

The formal review hearing used to be a legitimate venue to argue the validity of the arrest for DUI. Recently, the entire process has turned into nothing more then a sham proceeding where the accused is offered little or no rights and not given the benefit of counter-arguments. The hearings are presided over by DMV employees that are not Judges or lawyers. They typically do not consider anything other then the police officer's testimony. They are nothing more then a rubber stamp for the State of Florida.

WHY SIGN UP FOR A FORMAL REVIEW HEARING?

This one is easy: you receive a hardship license to continue driving for 4-6 weeks pending the outcome of the hearing. Since the State of Florida has no public transportation, it is impossible for most consumers to earn a living without transportation. The 4-6 weeks of extra driving allows you time to plan for the any possible future suspension.

HOW LONG IS THE SUSPENSION?

If your suspension is upheld by the DMV, the penalties are as follows:
1. BAC > .08% = 6 month suspension. Driver is eligible for hardship license after 30 days.
2. Refusal (1st time) = 1 years suspension. Driver is eligible for hardship license after 90 days.
3. Refusal (2nd time) = 18 month suspension. Driver is NOT eligible for hardship license.

DOES THE DMV ALLOW EXCEPTIONS?

NO. The law does not allow any exceptions to the above guidelines.

THE BREATH TEST: THE RISE OF THE MACHINES 

Experienced DUI attorneys know that breath tests are usually in error. The machines reliability is, at best, unknown. They are backed by the government and the companies that make money producing them. No independent proof of their accuracy or reliability has ever been scientifically established. Breath test results are not fool-proof and are not necessarily solid evidence of guilt in a criminal trial. There are many factors and variables that go into the accuracy of these machines. The following is a list of some questions that can affect both the accuracy and the admissibility of the breath alcohol results as evidence.
• Did the officer observe you for 20 minutes prior to taking the breath test?
• Did the officer tell you to “keep blowing” during the breath test?
• Did the police officer have his/her radio on during the breath test?
• Was the machine properly calibrated?
• How long after the traffic stop took place did you submit to the test?

IS A BREATH SAMPLE REQUIRED BY LAW?

Yes and No. While Florida implied consent law allows the DMV to issue a longer driver's license suspension if you refuse to blow you cannot be forced to submit to such a breath test.

IS REFUSING TO GIVE A BREATH SAMPLE A CRIMINAL OFFENSE? 

Yes and No. Recently, the State of Florida has passed laws criminalizing a 2nd or subsequent refusal to submit to a breath test. This applies to those who have refused to submit to a breath test on more then one occasion.

HOW DOES THE STATE PROVE A DUI IF YOU REFUSE THE BREATH TEST?

Consciouness of Guilt. The Government's only argument to a jury boils down to consciouness of guilt. They claim that those who refuse to give a breath test only do so because the know they are guilty. Obviously, the Bill of Rights never got in the way of the Government. Juries typically do not convict on this argument alone. For these types of arguments to hold weight with a jury they must be supported by real evidence.

FIELD SOBRIETY TESTS: EVIDENCE?

These supposedly standardized “tests” are typically conducted by police officers at the scene of the arrest. These “tests” are really not tests at all and are designed for failure in almost every single instance. These “tests” include: 
1. THE WALK & TURN. The accused is asked to kepp his ands pinned to his side and take 9 steps on a straight line touching heel-to-toe after every step. At the conclusion of the 9th step you are told to leave your front foot on the ground and take a serious of small pivot steps turning your body 180 dgrees. Then you are asked to take 9 more heel-to-toe steps back to the beginning point of the exercise.  The Officer gives this lengthy explanation only one time and walks behind you marking you off for every mistake, not matter how minor.
2) THE ONE LEG STAND. During this exercise you are asked to keep your arms oinned to your sides and lift one leg approximately 6 inches off the ground. While staring at that leg you are asked to count "1 Mississippi...2 Mississippi...3 Mississippi...." until you reach 30 Mississippi.  
3) HORIZONATL GAZE NYSTAGMUS (HGN). Here the Officer shines a luight in your eyes and asks you to follow the pen while you keep your head still. The premise is that any involuntary movement detected in your eyes during this exercise is an indication of alcohol or a controlled substance in your body. Although this is the very first test administered by any competent Officer after a DUI stop. almost no Officers have the scientific expertise and credentials to qualify as an expert in court. Only expert witnesses can testify to these results. Typically this exercise is edited from any on-scene videos. 
4) FINGER-TO-NOSE. While you stand with your feet together and hands pinned to your sides you are asked to raise your hand in front of your body with your finger pointing out and touch the 'pad' of your finger to the 'tip' of your nose. Be careful, in typical law enforcement fashipn the officer will try to trick you at the end by calling the exercise in this order: "LEFT...RIGHT...LEFT...RIGHT...RIGHT...LEFT." 
5) THE ALPHABET TEST. Contrary to popular belief, you are not asked to recite the alphabet backwards. Instead you are asked to recite the alphabet while you stand with you feet together, your arms pinned to your side, your eyes closed, and your head leaning back. You are told not to sing or chant the al[habet and are marked of for sayinf "LMNOP."
6) COUNTING BACKWARDS. While in the same position used for the alphabet test you are asked to count backwards from 100-75. Be careful, this test proves tricky for most.

Please keep in mind that only the first 3 have been studied “scientifically” (by the federal government, of course).

BOTTOM LINE. When asked to perform these tests respectfully decline. Their only purpose is to gather additional evidence against the driver. The police officer is going to arrest the driver regardless of whether they perform these tests or not.

WHAT IS EVIDENCE OF DUI?

1. Driving pattern (swerving, weaving, etc);
2. Police observations (bloodshot glassy eyes, slurred speech, odor of alcoholic beverage);
3. Performance of Field Sobriety Tests;
4. Blood Alcohol Content;
5. Statements to police;
6. Refusal – consciousness of guilt.

The police have essentially rturned # 1 & 2 on the above list into boilerplate language on each and every arrest affidavit written in the last 10 years. Evidence listed under # 3,4,5 is at the control of the driver. This is evidence that you may or may not voluntarily turn over to the police. Please do not turn this evidence over voluntarily if you can help it.  Finally, #6 on the list, Refusal as consciousness of guilt is only compelling in the face of additional, corroborating evidence.

WHAT IS DUI SCHOOL? 

The DUI programs are private and professional non-profit organizations that are required to provide education, a psychosocial evaluation and treatment referral services to DUI offenders to satisfy judicial and driver licensing requirements. Two educational services are offered - Level I for first-time offenders and Level II for multiple offenders. The Level I course is to be a minimum of 12 hours of classroom instruction and incorporates didactic and interactive educational techniques. The Level II course is a minimum of 21 hours of classroom time using primarily interactive educational techniques in a group setting. The average class size is not to exceed 15 students for Level II. This course focuses on the problems of the repeat offender and treatment readiness as the majority of students are referred to treatment. In no case is placement in Level II used in lieu of treatment.

IGNITION INTERLOCK 

Section 316.193, Florida Statutes, requires ignition interlock devices to be installed on the vehicles of certain persons convicted of DUI.
The ignition interlock program affects those arrested and convicted of DUI after July 1, 2002, upon eligibility of reinstatement for a permanent or restricted driver license. The ignition interlock device is also required when a driver convicted of DUI applies for a restricted license for work or business purposes (s. 322.271, F.S.). Two ignition interlock vendors (see other side) were selected by the department. The vendors began services February 1, 2004.  If the person is otherwise eligible, a driver license will be issued with a “P” restriction indicating interlock device is required. The required time period for interlock officially begins on the day the "P" interlock restriction is issued. 

RECKLESS DRIVING 

Reckless driving is otherwise known as legal fiction. A plea to reckless driving is the result of a reduction in charge by the State Attorney’s Office. The State will often reduce DUI charges based on a number of factors usually revolving around evidentiary issues with their case. The significant benefits of a Reckless Driving plea are essentially two-fold: 1) your Driver’s License is usually not suspended as the result of such a plea, 2) there is no DUI conviction on your record. A plea to Reckless Driving, if available, is often times in the client’s best interest.

WHAT CAN myDUIatty.com DO FOR YOU?

1. Experienced representation against the DMV and State Attorney’s Office;
2. One person answering all of your questions;
3. Filing all necessary paperwork;
4. Setting court dates;
5. Attending court dates on your behalf so you don’t have to;
6. Gathering and reviewing all evidence;
7. Negotiating on your behalf with the State Attorney’s Office;
8. Trial review;
9. Case resolution;
10. Standard and Reasonable Fees.

1st DUI CONVICTION
Maximum Penalty: Between 6-9 months jail depending on property damage.
Typical Sentence includes:
No Jail
Adjudication of Guilt
12 months probation (early termination available)
Completion of DUI school
6-12 months Driver's License Suspension (hardship upon completion of DUI school)
50 hours community service (16 hours with County roadside work detail crew)
10 day impound of the vehicle used
$250 fine
Approximately $300 court costs

2nd DUI CONVICTION within 5 YEARS of 1st CONVICTION
Maximum Penalty: 12 months jail depending on property damage.
Typical Sentence includes:
10 days Jail (mandatory)
Adjudication of Guilt
12 months probation (early termination available)
Completion of DUI school level II
5 year suspension of Driver's License (no hardship for 1 year)
50 hours community service (16 hours with County roadside work detail crew)
30 day impound of the vehicle used
$500 fine
Approximately $300 court costs.

2nd DUI CONVICTION outside of 5 YEARS of 1st CONVICTION
Maximum Penalty: 12 months jail depending on property damage.
Typical Sentence includes:
No Jail
Adjudication of Guilt
12 months probation (early termination available)
Completion of DUI school
6-12 months Driver's License Suspension (no hardship)
50 hours community service (16 hours with County roadside work detail crew)
10 day impound of the vehicle used
$250 fine
Approximately $300 court costs.

3rd DUI CONVICTION within 10 YEARS of ANY PRIOR CONVICTION
Possible FELONY
Maximum Penalty: 12 months jail (misdemeanor only).
Typical Sentence includes:
30 days Jail (mandatory)
Adjudication of Guilt
12 months probation (no early termination available)
Completion of DUI school
10 year Driver's License Suspension (hardship application after 2 years)
30 day impound of the vehicle used
$1000 fine
Approximately $300 court costs.