Florida DUI Defense Attorney Robert Whittel Top 3 Mistakes in DUI Defense Strategy

November 15, 2020

Tampa, FL – DUI Defense Attorney Robert Whittel of Whittel & Melton has tried many jury trials and can speak with incredible context about the mistakes DUI lawyers make in defense of DUI charges. Although it’s true that Florida DUI Manslaughter and Florida DUI Serious Bodily Injury charges bring greater penalties, no matter the type of DUI case, no matter if filed in Tampa, Gainesville, Ocala, Clearwater or beyond, the elements of DUI in Florida are consistent.

To that end, DUI Attorney Robert Whittel gives us 3 mistakes that he has seen over the years in the defense of DUI charges in Florida.

1. Visit the scene of the DUI Arrest. It seems obvious to someone in school or reading about DUI Defense strategy, but it is very common that attorneys hired, and certainly public defenders, never visit the scene of the arrest. Because a DUI arrest will often involve an accident, allegedly poor driving, a road side physical test and observation and also may involve very dark surroundings (if at night); visiting the scene will undoubtedly help the DUI Attorney with cross examination, but will also spark ideas regarding a defense strategy.
2. Get the DUI Tow Slip. Very commonly a DUI arrest will include a towing of the client’s vehicle. When a vehicle is towed, law enforcement should be taking an inventory of the vehicle. This inventory could include not only the contents of the vehicle, but also the physical condition of the vehicle. In some cases the allegations of the DUI officers are inconsistent with the DUI Tow Slip.
3. Did the officer have Probable Cause for the Arrest? On its face this seems like an obvious item, how could it be a mistake. Too often, DUI Defense Lawyers mistake the entire Arrest Form and all that it includes for what was actually the basis of the DUI Arrest. Put another way, think about what constitutes an actual arrest in Florida, when in the timeline did that occur and what information was the DUI arresting officer in possession of when that critical decision was made. It is very often the case that a DUI case is substantially based on information collected after the arrest, not before.

Florida DUI Attorney Robert Whittel and Whittel & Melton are ready to consult on DUI cases in Tampa, Clearwater, Gainesville, Ocala and surrounding jurisdictions. Please contact us today 866-608-5529 or email us info@theFLlawfirm.com today.

Call today 866-608-5529