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200 S. Indian River Drive Sutie 305 Fort Pierce, FL 33950
Serving the following counties: Fort Pierce, Martin, Indian River, Brevard County, St. Lucie
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Drugs, DUI and Consensual Encounters of the Third Kind

It must be a full moon, or Jupiter must have just aligned with Mars, as it has recently snowed in Florida;  the Village People are playing down the street from my law office in Fort Pierce and the practice of criminal defense has becomes more surreal by the moment. You see, you don't have to commit a traffic infraction to be arrested and you don't have to hate aliens to get beamed up. Earthlings, sometimes your fate can walk right up to you or hover above you. Or, conversely, you can inadvertently walk into a DUI or drug arrest.  Such is the case with consensual encounters.

Consensual encounters - and were talking criminal defense types for those of you with naughty thoughts - is simply two people coming together or interacting willingly. Let's just say, you just had one too many drinks at a friends wedding and you decide to sleep it off in the parking lot of the mall. Cop sees you sleeping; intuitively knows that at 5 pm most folks aren't taking a nap at the mall; is concerned for your welfare; knocks on your door; you don't respond; he opens the door and you exhibit multiple signs consistent with being impaired - bum your busted for DUI. Let's also say your sitting in driver's seat of the car after having knocked back three large mugs of beer at dinner while waiting for your wife to pick up some milk for the kiddies in the morning; car is on; keys are in the ignition; your a/c & radio are cranked up; your signing your favorite song; you've been there for well over ten minutes and an officer just walks up to your window and engages you in conversation. Let's just say during this little chit chat and encounter, he notices your eyes are blood shot; you smell like booze and your slurring your words. Guess what, you now are a perfect specimen for a DUI investigation. Or, you're minding your own business in the car, or in a public park, and the storm trooper from a short distance away looks into your car, or stares down where your seated, and goodness gracious, he sees a bag of marijuana.  Party boy, your busted. Or, there were reports of someone driving a transport vehicle at light speed around the galaxy in a vehicle matching yours. Cop doesn't see you drive and thus has no independent observation of your drive pattern. He does however use his built in radar to find you at your apartment complex and see you step out of a vehicle matching the same description.  He doesn't block you in; he doesn't put his emergency flashers on and he doesn't draw his weapon. He simply just walks up to you and notices that you are exhibiting all the signs of five days at the Daytona Speedway. Well, like the rest of the scenarios I have shown, "ticket to jail bro." So you don't have to drive like an imbecile or commit a crime to get abducted in a cosmic law enforcement caper.

Likewise, when your stopped for a routine traffic infraction - i.e. speeding -  you don't have to give law enforcement permission to search your vehicle. Or, if the officers knock on your door at 3 am for making too much noise, you don't have to invite them into your home. Should you however allow the cops to search, you have given up your rights and thus anything found could be used against you. Simply put, the judge will rule that it was consensual.

Again, there are time officers clearly abuse their discretion by stopping you without probable cause; have no independent observation of your drive pattern; barge into your home without a warrant or search through your car without approval. In any of these instances, you are wise to call a tested and true criminal defense attorney. I pride myself on being up on the latest law on the Treasure & Space Coast of Florida and would be more than pleased to assist you with all your DUI, Drug, Search & Seizure and Constitutional violation matters. www.drugdefensefirm.com . At the Roden Law Firm www.duiguy.info  we understand how difficult this time is for you and we will do all we can to pursue justice and to ensure that your rights are protected.

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Address: 5220 US Highway 1 Suite 104, #250 Vero Beach, FL 32967 Phone: (772) 538-8232