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DUI’s are serious offenses in the state of Florida. Unlike other misdemeanors, if you are in court for a DUI, the judge must adjudicate you. So, if you are in front of a judge for a DUI you’re facing a mandatory adjudication of a misdemeanor offense. While representing you in a DUI case we want to investigate everything that has happened, all your interactions with the law enforcement officer. We want to start from the moment the law enforcement officer started investigating you, which you may not be completely aware of why he started investigating you. But I am going to find out. We want to find out from you and the law enforcement officer what he did in his investigation of you.
How he observed you, what his observations were, what field sobriety exercises he did with you and how he talked to you to potentially ask you to take a breath test. I also want to investigate technical data with the breath test. I want to investigate the machine, not just the officer or the circumstances, to find out what the machine did or did not do.
In Florida, you’re facing two sanctions with a DUI
DUI Administrative Sanctions: You’re facing an administrative sanction and criminal sanction. I will represent you with both the administrative and criminal sanctions. On the administrative side, we want to make sure that we get proper pleadings into the administrative hearing regarding making sure that you get a permit to drive, and that you are represented in the formal administrative hearing so that we can win your license back.
DUI Criminal Sanctions: We want to make sure that we get all the discovery. And that we investigate every element of your case and give you options in what we may be able to do with your DUI case.
DUI Probable Cause: In DUI cases, the officer must have a valid probable cause to have pulled you over for suspecting that you were driving under the influence. This can be challenged. The officer’s observations about what you were doing or how you were driving, and other observations can be challenged. We want to challenge this because if we can challenge the initial stop, then everything beyond the initial stop cannot be used by the prosecutor. Probable cause in a DUI case also means that after the officer makes his initial observations and conducted field sobriety exercises the officer must have probable cause to ask you to take a breath test. If he does not have probable cause, he cannot ask you to take a breath test. Therefore, a breath test result, if he gets one, cannot be used if it can be successfully challenged.
Over the years Mr. Cohen has successfully provided professional DUI defense legal services for countless Lakeland, Florida and Polk County area residents.
Issues that may apply to a DUI include, but may not be limited to:
Miranda Rights
By Attorney, Lee Cohen
A Legal Success Story
of Attorney, Lee Cohen
ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
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BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
CONTACT US › › ›
ATTORNEY, LEE A. COHEN
BIOGRAPHY
Attorney Lee A. Cohen has been practicing law in the State of Florida since 1996. His law practice focuses on protecting the rights of those accused of committing criminal offences. Over the years, Mr. Cohen has Successfully represented countless residents of, and visitors to, Polk County and Central Florida regarding criminal matters. Mr. Cohen strongly believes that everyone is presumed innocent, and aggressively utilized every legal resource available unter the law in an effort to always provide the highest standard of legal representation.
LEE A. COHEN'S BIOGRAPHY › › ›
BOARD CERTIFIED IN
CRIMINAL TRIAL LAW
I Lee Cohen, am Board certified in criminal trial law. You’re not going to talk to too many attorneys that are board certified in the area that they practice. Board certification means that I am a specialist in Criminal Trial Law. Which means I have passed a special review by the Florida Bar Association to be recognized as a specialist in practicing criminal trial law.
CONTACT COHEN LAW, P.A. › › ›
A DUI criminal case in Lakeland / Polk County, Florida is a serious matter that can have severe consequences for the defendant. However, it is not impossible to win such a case if the defendant has a strong legal defense. Some possible strategies to challenge a DUI charge are: questioning the validity of the breathalyzer test, the field sobriety test, or the probable cause for the traffic stop; presenting evidence of a medical condition, medication, or other substance that could affect the blood alcohol level; or arguing that the defendant was not actually driving or in physical control of the vehicle at the time of the arrest. These are just some examples of how a skilled DUI attorney can help a defendant fight a DUI charge and potentially avoid conviction or reduce the penalties.
The answer to this question depends on the circumstances of your case. In Florida, driving under the influence (DUI) is defined as operating a vehicle while impaired by alcohol, drugs, or any substance that affects your normal faculties. This means that you can be charged with a DUI even if you have a valid prescription for a medication that caused you to have a bad reaction. However, you may have a defense if you can prove that you did not know or have reason to know that the medication would impair your ability to drive safely.
According to Florida Statute 316.193, a DUI conviction cannot be expunged or sealed, and it will remain on your record for 75 years . This means that any background check by potential employers, landlords, or insurers will reveal your DUI conviction and may affect your opportunities and rates. Therefore, it is important to consult with an experienced DUI lawyer who can help you fight the charges and avoid a conviction.
According to Florida Statutes § 316.193, a person who is convicted of driving under the influence of alcohol or drugs with a blood alcohol level (BAL) of 0.08% or higher faces the following consequences:
These penalties can be enhanced if the DUI causes property damage, personal injury or death to another person. Therefore, it is advisable to consult with an experienced DUI attorney who can help you fight the charges and protect your rights.
If you are convicted of a DUI in Polk County, Florida, you may be able to avoid jail time depending on the circumstances of your case. Some factors that may influence your sentence include your blood alcohol level, whether you caused any property damage or injury, and whether you have any prior DUI convictions. You may be eligible for alternative sentencing options such as probation, community service, alcohol education programs, or ignition interlock devices. However, these options are not guaranteed and may come with additional costs and restrictions. Therefore, it is advisable to consult with an experienced DUI attorney who can help you explore your legal options and defend your rights.
A hardship license is a restricted driver's license that allows a person to drive for specific purposes, such as work, school, or medical appointments, after a DUI conviction. In Florida, a hardship license may be available for some drivers who have completed a DUI program and met other eligibility criteria. However, not everyone can get a hardship license after a DUI in Florida. For example, if you have more than two DUI convictions within five years, or if you refused to submit to a breath or blood test, you may not qualify for a hardship license. Therefore, it is important to consult with an experienced DUI attorney who can advise you on your options and help you protect your driving privileges.
Getting your driver's license and full driving privileges back after a DUI conviction in Florida can be a complex and lengthy process. Depending on the severity of your offense, you may have to complete a DUI program, pay fines and fees, install an ignition interlock device, and attend a hearing. You may also face additional penalties such as probation, community service, or jail time. The best way to restore your driving rights is to consult with an experienced DUI attorney who can guide you through the legal steps and help you avoid further complications.
5430 Strickland Avenue, Lakeland, FL 33812
Phone: 863.646.7636 • Fax: 863.648.0983
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