A police officer in the state of Florida can legally search your vehicle if they have probable cause. Watch the video now to learn more about probable cause and how an attorney can help you protect your rights.
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Listen as Atlanta DUI attorney Benjamin Von Schuch discusses how he uses your own field sobriety tests against the police officers who arrested you in your DUI case.
As experienced DUI attorneys, we have to look at every aspect of your case. And with a DUI arrest we look at the field sobriety tests given on site such as the eye test.
The eye test is actually the horizontal gaze nystagmus test and is a scientific exam of the eyes. What the police officer is looking for is an involuntary jerking of the eye which can be caused by inebriation. But as they try to say the test is scientific in your trial to prove themselves right, we use that same logic to prove them wrong.
Each scientific test has to be done correctly or it produces an invalid result and that’s what we look at. During the eye test, the police officer should make 14 passes and for at least 82 seconds total. There are other steps that they must take and questioning this exam and how well it’s done can be the answer in resolving your DUI arrest case.
Many people think of attorneys and assume all of them do the same thing. You may have a view of attorneys limited by what you’ve seen on movies and television or what you’ve heard from friends.
So you may be surprised to find out that there’s actually a difference between an attorney and a trial attorney that goes just beyond sitting in a court room.
Attorneys who are basically litigators spend a lot of their time at a desk. They draft contracts, review agreements and make decisions from their offices on behalf of their clients. Litigators, just like trial attorneys, work on motions to file to the court, interview witnesses and conduct research in order to get to the truth about your case. But an attorney who stays away from the court room is basically looking to settle. He wants to avoid the court room and cash a check. Not all lawsuits go to trial, and the attorneys know this. They write their briefs, motions and use the paperwork to resolve your case.
But while the attorney knows they don’t want to be in the court room, so do the insurance companies they do battle against. Insurance companies and defendants know the attorneys who will settle and the ones who will fight for the best outcome, whether or not it goes to trial. A trial attorney has experience and knowledge in the trial aspect of the lawsuit and knows he may need to go there at any time if the insurance company or other party simply isn’t meeting the needs of his client. And the insurance companies know this too. They know the attorneys who are willing to forgo lowball settlement checks in order to get the most compensation for their client possible. A trial attorney is one who is skilled in his work, pushing forward as long as it takes to bring you the award money you deserve for the harms and losses you’ve suffered.
With the experience and knowledge of all the lawyers in our law firm, we have the ability to assist in a multitude of different types of cases.
However, you should know we’re more of a boutique firm meaning we only handle certain types of cases instead of a very wide range of cases involving all types of crime.
We tend to focus on cases that include a financial component such as securities, Medicare, mail and wire frauds. It’s not as if we don’t know how to do other types of cases, we just know what we’re great at. And that’s the type of attorney you should be looking for. You don’t want an attorney or law firm who will take just any old case to rake in some money. You want a team who is focused and completely knowledgeable in the area of law you need assistance in.
As attorneys, we have a legal and moral obligation to assist our clients with anything they may need. We’re looking to protect them from the charges they face in all types of criminal matters, but we also must understand our limitations whether on a legal basis or a strictly moral level. There are just some matters in which we cannot get involved.
So, there are three types of cases we simply will not take responsibility for and are unable to help you with. The first is if you’ve been involved with or charged with any type of large scale drug distribution ring. If you’re alleged to be a large importer or working with a cartel, we simply are not the law firm for you. We are unable to help you. Another type of case we absolutely refuse to take is anyone being charged with a sexual or physical abuse against a child. Any type of serious bodily injury to a child and we’re not going to take responsibility or be involved in that case. We may also decline your case if you’re a habitual felon who continues to break the law repeatedly. While there are great lawyers out there to represent each of these types of cases, we are not the law firm to go to. We’d be happy to refer you to someone who may possibly assist you in your case but at this time we’re unable to focus on these types of matters.