Recent Posts in dui stops, illegal search and the Holiday Rush Category
| January 20, 2010 |
| Drugs, DUI and Consensual Encounters of the Third Kind |
| Posted By Jerry |
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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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| January 05, 2010 |
| On Bowden, Bad Proposed Florida DUI Law and New Beginnings |
| Posted By Jerry |
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Today, I will slightly digress in my blog, in that, quite frankly, it is my blog and thus my prerogative to digress. Let me first congratulate Bobby Bowden on his winning the "Gator Bowl" in Jacksonville, FL and on his maintaining the longest winning streak for bowl victories in college football. Let me also thank him for everything good he has done for FSU, college football, civility, ethics and morality. I attended my first game with him as the head coach in 1982 while a freshman and I watched his last game with my wife & son on New Year's Day 2010. He is everything good and that is something that we all should strive for everyday.
Now drinking and driving too excess is not good. Unfortunately, folks forget to moderate their drinking at tailgate parties. So off they drive out of the stadium, only to be stopped for a minor traffic infraction. As so often happens, the officer smells alcohol on you and you are now a DUI suspect. Just as Coach Bowden focuses on doing what is right, so should you. Before you tailgate - designate - who will be the designated driver or choose to take a cab to the game. The NCAA [who I don't like for trashing Bowden's record]; your family and everyone else out there, will thank you.
Now, just as one needs to play fair in college and life, the same should apply for law enforcement. However, some legislators, state attorneys and law enforcement are trying to loosen the rules to make it easier to arrest folks for DUI. http://jacksonville.com/news/metro/2010-01-05/story/florida_lawmakers_consider_bill_to_make_dui_arrest_easier Again, I believe consuming alcohol too excess and driving is wrong. But what is far worse is stopping people for questionable grounds and thereby eroding all of our civil rights. The current proposed law would simply allow cops to stop people if they thought they were drunk at somepoint. So that includes arresting the preppy mom; the professional leaving a Chamber event; the priest who drank from the chalice; etc. Accordingly, this new proposed legislation in Florida opens up a whole new constitutional can of worms. Folks, the challenges to these stops will cost law enforcement more than there worth. They are a penalty we can't afford.
I say follow the current law and play fair. If it ain't broke, don't fix it. To quote Bobby Bowden, "that's dog gone good advice. dadgummit." A good cop can make just as many arrests by utilizing probable cause violations for all stops observed in his presence, then by "assuming" that "someone" was "drunk" at "some point."
We'll enjoy this arctic breeze in the tropics. I'll be here on the Treasure and Space Coast fighting for your constitutional rights in DUI and drug stops long after it warms up. Until then, check out my website www.duiguy.info or www.drugdefensefirm.com Enjoy the rest of your College Football games too. |
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| January 01, 2010 |
| A New Year and new decade of DUI & Drug arrests |
| Posted By Jerry |
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Happy New Year and happy be the client who doesn't drink, drive, ingest or imbibe way too much. Like a lion hunting its prey, law enforcement will be out looking for drunk driver's and law breakers this New Year. Be prepared for road blocks; DUI check points; some questionable stops and speed traps. Again, if your sober and not breaking the law, you won't have too worry. But if you break down, a good lawyer can try to fix the situation.
May I suggest instead staying home at New Years, or, if you must go out, hire a cab. Should cabs be sparse in your area, consider being the designated driver. Again, be careful about mixing your alcohol and be careful about mixing your medicine with alcohol. Both can be dangerous combinations.
Often times, folks are not wise in how they celebrate and what they celebrate with on New Years. Marijuana, cocaine, oxycontin and ecstasy are illegal. You risk hurting yourself, others and time in the Department of Corrections should you be found to be in possession of these substances when stopped by law enforcement. Furthermore, should you be arrested for DUI, and not tell the corrections officer in the jail that you also have illegal drugs on you, you will be charged with the felony crime of introduction of contraband into a correctional facility.
We'll let old acquaintances be forgot and be grateful that you have a new year to be a better person and do great things. Make it a point to know your legal rights and make it a point to be careful out there. If you are in need of additional information, the Roden Law Firm is available via the web at www.duiguy.info or www.drugdefensefirm.com. All the best in 2010.
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| December 29, 2009 |
| Being family centered can prevent a DUI or drug arrest |
| Posted By Jerry |
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Drinking excessively and driving is not a good thing. Drinking with your children in the car is far worse. http://www.tcpalm.com/news/2009/dec/28/vero-beach-woman-charged-with-dui-and-child/?partner=popular Driving around with illegal drugs is even more serious. You may think that you need a break, but please don't do it at the expense of your children. Not only can you count on getting a DUI or arrested for illegal drugs; you can also count on being charged with the criminal offense of child neglect. That's a felony charge and it's almost guaranteed time in jail.
Now should this happen to you, you most certainly need an attorney. Perhaps the stop was illegal; perhaps you had to be on the road - for example an abusive spouse was about to harm you & your children; perhaps you were not impaired; perhaps you weren't driving. Whatever the case, the Roden Law Firm is knowledgeable in all DUI and Child Neglect matters.
Again, don't take medicine before your drive; don't take or drive with drugs and don't drink with your children in the car. However, should you make a critical error in judgement, be sure that a knowledgeable DUI or drug defense attorney will look at every and all options to avoid your being convicted or being sent to jail for a DUI, drug or child neglect charge.
Even if your not arrested for DUI, drugs or child neglect, there is a very strong possibility that child protective services could intervene and take your child. So be the parent you should be. Act like an adult and you won't need to hire adults - attorneys that is. Whether you live St. Lucie, Martin, Indian River or Okeechobee counties, the Roden Law Firm is here to help with all your criminal defense needs.
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| December 27, 2009 |
| Take your medicine and go directly to jail for DUI & Drugs |
| Posted By Jerry |
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Your mother may have said take your medicine, but your lawyer will tell you it might cost you a DUI or Drug arrest. Read the label on all your medicines. If they say don't operate with heavy machinery, its fair to say don't drive your car. If it says, don't mix with alcohol, its fair to say don't drink liquor, beer or wine when on it. If they say, may cause drowsiness, then you be the judge. Otherwise, the cop and prosecutor will judge you.
Many times the doctor may over prescribe you medicine, and sometimes you may inadvertently take too much. Whatever the case, if you start feeling dizzy, pull over - or the police will pull you over. Even though you are legally prescribed xanax, oxycontin, hydrocodone, darvocet or any pain medicine, you may still be arrested if you are impaired while driving. Same goes for Nyquil or any medicine you may legally buy without a prescription.
Now, in this difficult economy, let's say you purchased some pills from a neighbor. Or you changed the dates or the refill amounts on an older prescription. Or you shared older medicine with your partner. In fact, this is common amongst senior citizens. Or let's say you borrowed some of your buddy's Viagra. Heck, this is common amongst a lot of dudes. We'll big guy, should you be pulled over, and found to be in possession of any or all pills without a prescription, and you were never legally given one by a doctor, you will be arrested for a Drug charge.
Should you have additional questions about Drug, Prescription or DUI law, feel free to call the Roden Law Firm at 772-465-5171 or 866-912-4DUI. My websites www.drugdefensefirm.com and www.duiguy.info are full of helpful information. Take care, watch out and be safe. |
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| December 25, 2009 |
| Santas tips to avoid arrest for drugs and dui and to have a Merry Christmas |
| Posted By Jerry |
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Merry Christmas to all today. Let me say that I wish you and yours have a wonderful day and that you try to remember the reason for the season. Having said that, here is the last holiday tip to avoid arrest for drugs and dui. Its simple, as Santa says, "be a good boy or girl." If your good, you don't get coal in your stocking and a night in a cold Siberian prison.
Honestly though, many of you have drug and alcohol problems. Perhaps this is the time of year that you decide to go to AA, NA or seek help. It's never to late and you'll be glad you did. Feel free to call me as we have a list of great counselor's and organizations that can help you on the Treasure of Space Coast. Or for those of you who are in control, as they say on tv, don't drink and drive and don't do drugs.
Use this time of year to focus on being a better person and to be considerate to others. In the end you'll be a happier person. If however you stumble, I will be here to pick you up. The Roden Law Firm is available to help you day and night, so don't give up the fight. Please call us at any of our offices in Ft. Pierce, Vero Beach, Stuart or Melbourne at 772-465-5171. Finally, my website is available twenty four hours a day at www.drugdefensefirm.com or www.duiguy.info All the best in the New Year.
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| December 23, 2009 |
| Freedom from Illegal Drug Search and Seizure whether its your stocking, sleigh or christmas cottage |
| Posted By Jerry |
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Let's just say the snow patrol, aka your friendly neighborhood police, pulls you over for an "equipment malfunction of your sleigh." Traditionally that means one of your tag lights or head lights is out. The officer thinks he's smart and he asks for permission to search your car. Well he can't search it and inform he can't search it.
When the small reason you were stopped is over - i.e. speed, lights, noise - the reason for the stop is over. Should the officer expand the scope of his search without your permission, all items found would be suppressible. Now should you just say "hey search me," we'll you just gave up your rights. So whatever peppermint stick for old St.Nick/illegal drugs the cops find - which your nephew left in your car - is now yours for you to explain away.
Same goes for a stop and frisk of you outside your vehicle. The bag of goodies/suit case in your car or trunk has nothing to do with it. So should the cops finds pills, pot or anything you wouldn't want Santa to know about it, they can't use it against you, should you have told them NO to the search.
Again, it maybe a marshmallow world that we live in at Christmas, but its the school of hard knocks every day. Learn your rights and protect yourself, sleigh, stockings and cottage against illegal search and seizure. The Roden Law Firm is trained in these matters and knows when to file motions to suppress in all kinds of drug cases. Feel free to checkout my website at www.drugdefensefirm.com or call my office at in Ft. Pierce, Vero Beach, Stuart and Melbourne at 772-465-5171. |
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| December 23, 2009 |
| Problems with Field Sobriety Tests & the cops who administer them |
| Posted By Jerry |
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On the tenth day of Christmas, my lawyer gave to me, "more advice on how to potentially beat your DUI/DWI charge." Again, don't do any of the field sobriety tests or tasks. However, should you, then you need to point to things that prove the test wrong.
Again, while people ski downhill, you should never be asked to do the field sobriety tests downhill. Or uphill for that matter. Like in real life, you need a level playing field. You should also be provided with a real line to do the tests.Your physical condition or limitations should also be taken into consideration. So, let the cops know "how sick you are and what injuries you have had and if they still effect you." Obviously herniated disks and having one leg shorter than the other put you at a distinct disadvantage.
The pen/HGN test is often administered incorrectly; is many times wrong and must be administered by a certified Drug Recognition Expert/DRE in Florida. Furthermore, what the heck does a pen being waived in front of someone's eyes mean to a juror watching the video. Hocus pocus you are now a reindeer? Some cops will even say that they can tell what drugs you were allegedly on by the deviation in your eyes. Let me guess, I looked into his eyes and saw that he was smoking pot from Colonel Mustard's library.
Construction; nearby traffic; etc., constitute some of the tons of other factors that can prevent you from performing the test one hundred percent correctly. Yes, there's also the video itself too, which often proves to the world that you're not as bad as they said you were in the arrest report. Start by hiring a good DUI lawyer. The Roden Law Firm has developed a reputation as one of the most knowledgeable DUI law firms on the Treasure and Space Coast. Feel free to call me at 866-912-4DUI with any questions you may have. Also, check out my website: www.duiguy.info or www.drugdefensefirm.com Now wrap some gifts and settle down for a long winter nap. Rest assured, the Roden Law Firm will be here when you wake up at one of our four law offices in Ft. Pierce, Stuart, Vero Beach or Melbourne.
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| December 21, 2009 |
| Donner, Blitzen and Downward Departures in Drug and DUI cases |
| Posted By Jerry |
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Let's just say you made the worst decision of your life and let's just say you are not getting away with it. No, I'm not talking about putting your strand of Christmas lights the wrong way around the house so that you are way opposite the plug. I'm saying, for example, given the poor economy as of late, you make the desperate and inappropriate decision to sell your medication to pay for gas to drive to an interview. We'll the person you sold it to is an undercover cop and your busted. Or let's just say you just landed your second DUI in six years.
We'll tough guy twenty something prosecutor wants to put you away. What do you do. Finding the right criminal defense attorney like the Roden Law Firm can make all the difference. Wether your in Ft. Pierce, Port St. Lucie, Jensen Beach, Stuart, Vero Beach, Sebastian, Melbourne or Titusville, we've great relationships with psychologists. A good psychologist can write a report suggesting a downward departure of your sentence based upon medical and psychological problems you may have. So, if the statutes and prosecutor said three years for the sale, the report or testimony of your psychologist might make it "start beginning to look a lot like Christmas" by getting your sentence substantially reduced. The same goes for multiple DUI's or those involving an accident.
So Ho, Ho, Ho and off to the psychologist you go. Santa's reindeer; the North Pole psychologists and the right lawyer can be a great help. |
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| December 20, 2009 |
| Northpole News and Rehab Drug Views |
| Posted By Jerry |
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Dateline Northpole. Santas on his way and so are potential reprieves from jail in Florida. Yes some
of you have been very naughty. However, everyone deserves a break. We'll most everyone.
http://www.tcoasttalk.com/2009/12/01/police-marijuana-grow-house-found-in-st-lucie-west-two-arrested/comment-page-1/ Excluding those of you with grow
houses and who have been manufacturing drugs and not toys. Let's just say this was the first time
you bought drugs or were found in possession of a small amount, and let's just say this was not
your first sleigh ride. Meaning you were a naughty misdemeanor elf once before for some small matter.The courts will often give you day for day credit for time spent in an inpatient rehab instead
of jail time. So when that mean prosecutor tells you that you must go directly to jail - you should instead go directly to an inpatient rehabilitation facility prior to court! By inpatient, I mean you stay there 24 hours a day. Traditionally the minimum time spent is twenty eight days. However, the longer you can stay the better. These programs range from expensive to cheap to free. Note, the faith based ones are traditionally on the inexpensive or free or sliding scale end. So if you are a high roller, try the Hanley Center or the Watershed in Florida. If you are a Christian, or prefer
faith based, or simply need a cheap rehab, call Faith Farm Ministries, Dunklin or the Crossings on the East Coast of Florida.
Also, should this be your second or so DUI/DWI, and the potential of jail is real, rehab might be
a good option for you. Again, there is no guarantee the courts will accept it, but they often do.
The above rehabs not only have saved my clients lives and made them better people, many times
one's stay there has been critical in no jail being handed down to them. Furthermore, in DUI matters, the Florida statutes say the judge "may," not must, give the client day for day credit at an
inpatient facility.
So if you are in need of a DUI/DWI or Drug attorney on the Treasure or Space Coast, as well
as someone who has great relationships with rehabs from Orlando to Stuart to West Palm, please
call Jerry Roden of the Roden Law Firm at 866-912-4DUI or 772-465-5171 or feel free to
check out my websites: www.drugdefensefirm.com or www.duiguy.info. |
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| December 19, 2009 |
| Christmas Miracles & DUI and Drug Stop Blues |
| Posted By Jerry |
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The voice of Christmas present is at it again and ready to supply you with some hope during the holidays. Again, that Holiday Party can land you in the clinker and that random experiment with powder, and not the Vail kind, can send you there too. Once again, have fun, but get a designated driver and chose intoxicants that are legal. Remember, law enforcement will be on the prowl for DUI's , Drugs and bad driving in Florida on the Space and Treasure Coast highways and backroads http://www.floridatoday.com/article/20091219/BREAKINGNEWS/91219009/1086/FHP+targets+drunks+during+busy+travel+period from now to January 3, 2010.
So lets just say you get stopped and your drunk as a skunk or you caught red handed with a small amount of recreational material - what do you do? We'll call an attorney that is familiar with the criminal court system in St. Lucie, Martin, Indian River and Brevard counties and who has countless years of experience focusing on DUI & Drug matters. Hopefully, the Roden Law firm can find a mistake in the cops stop that involves a reduction or suppression of the matter. If not, we will fight like there is no tomorrow to keep you out of jail. www.duiguy.info Unfortunately, there is no diversion program for first time DUI's in the counties that I mentioned. So just another reason to go with a top law firm like the Roden Law Firm. 866-912-4DUI or 772-465-5171.
However, Christmas miracles happen all year and the Roden Law Firm knows about them and where to find them. www.drugdefensefirm.com Should you be found with a small amount of illegal mistletoe, aka drugs, and should it be determined that it was purely for personal use and not for sale, and should this be a first time for your arrest, the courts will often allow you to enter a diversion program where the criminal charge for possession of drugs will eventually be dropped. Its called Drug Court and I know the inns and outs of it. Or, should drug court not be available, or should you not want drug court, sometimes the court allows drug offender probation, involving a withhold of adjudication thereby preventing you from being labeled with a felony or misdemeanor conviction. We'll its off to bed where sugar plums and motions to suppress will dance in my head. Merry Christmas to all and to all a good night. |
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| December 18, 2009 |
| Christmas Cocktails and Sleigh Rides to Jail |
| Posted By Jerry |
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We'll Santa's elf just finished up another christmas cocktail party but he was wise enough to do his at home. Should your travels take you across town, remember that your friendly law enforcement will always be waiting for you. As we get closer to Christmas, let me give you a few tips. Don't forget to keep your car lights on and make sure that they all work before you get in the car. Don't speed and always have a designated driver. If you drink too much, call a taxi. Should you forget to heed my advice, I will gladly represent you. Again, dont say anything, be polite and don't blow should it be the first time. Should you request a blood test, and its debatable wether you'd want one in the first place, in Florida, all they have to do is throw you a phone book and you'll need to find a doctor willing to do it. Should cops tell you "no" to a blood test after you blow, or should they demand, as oppose to ask, you to do the Field Sobriety Test, you might very well have a motion to suppress to throw the case out.
Now, for ya'll who do more than drink beer, may I suggest you not do drugs, and if you do, do them in a country that allows them. Should you however be chemically dependent, or be effected by a lifetime of dysfunctional upbringing, there may be arguments to suppress whatever drugs the cops find on you. Again, don't give them permission to search your car. Secondly, should they have a reason to search one room or bag or compartment, don't allow them to search elsewhere. Thirdly, should they not see illegal drugs or contraband in plain view, they can't go in your car. Fourthly, don't say "hey search wherever." That is called vitiating your rights in the law books and its what we call back home, "giving up the farm." Again, should you give away your rights, or should your stash be in plain view, or should the cops smell it, or should you be making fidgety/furtive movements, be sure they'll find it. So if you find yourself on a sleigh to jail, call your legal mixologist. If I can't suppress it, may be I can make it better. Call the DUI and Drug Lawyers for the Treasure & Space Coast. Ft. Pierce, Vero Beach, Stuart and Melbourne residents think of first. Call today, sleep better tomorrow. 866-912-4DUI or 772-465-5171. Too bumbed out to call or married to your computer, check out www.duiguy.info or www.drugdefensefirm.com. We are your last call after alcohol - Roden Law Firm. |
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| December 17, 2009 |
| Twinkling Lights, Restless Nights and Constitutional Rights |
| Posted By Jerry |
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We'll Santa's working overtime and so is law enforcement. Only he's giving and their taking - taking you away that is. So what can you do to make sure your home by Christmas? We'll, as we near the Jolly's guys visit, I'll focus on another wise Christmas tip. Let's just say, that in putting together those tiny tot toys, you had a few too many cold ones in your workshop, but forgot you had consumed them. Mrs. Claus - aka - the wife - says "we need milk." So off you go on the snowmobile only to be stopped by some blue twinkling lights for speeding. However these twinkling lights come with a police officer and cuffs. He determines your drunk; you wisely deny you drank and you wisely refuse the field sobriety tasks. Now what can you do to know you'll sleep better when this ordeal is over. We'll, if this if your first DUI in Florida - Well Ho, Ho Ho - Don't Blow, Don't Blow, Don't Blow. Why, because the breathalyzer is sometimes wrong and because you are denying police and prosecutors evidence to use against you. Please note though, that a second or more refusal is a misdemeanor crime in Florida, and while you may be helping your DUI case, please note that you can now be convicted of an additional crime you couldn't have on the first DUI. Likewise, say you were a good boy at home and you were just pulled over for speeding. Let's just say that your brother-in-law, who likes to smoke pot and stuff, happened to borrow your car the night prior. Who knows what numb nuts did or left in it. Again, don't give cops permission to search your car and secondly, police can't search your car on a routine traffic stop absent a few areas of law which we'll talk about on a later date. We'll got to hang my lights and dream of protecting my clients constitutional rights. Again, the Roden Law Firm is pleased to help you when your facing difficult times such as a DUI or Drug Crimes. Please feel free to call me 24 hours a day at 772-465-5171 or 866-912-4DUI. We have offices in Saint Lucie, Martin, Indian River and Brevard counties. Up late, check our websites out: www.duiguy.info and www.drugdefensefirm.com Peace out and Peace on Earth.
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| December 17, 2009 |
| Frightful Weather and Cozy Constitutional Criminal Law Rights |
| Posted By Jerry |
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Well the weather outside maybe be frightful, but knowing a Space or Treasure Coast criminal defense lawyer who can defend your constitutional rights is delightful. Again, its time to cozy up around the Christmas tree, where your favorite legal elf will dispense another constitutional tip. Don't get caught in a reindeer round up of drunk drivers or law breakers. Listen to another promised tip from Santa Supreme and the North Pole Defense team by way of our Fort Pierce, Vero, Stuart and Melbourne law office outposts.
Again, should you have more eggnog than you planned, don't assist law enforcement with their plans to arrest you for DUI. In Florida, not only are you not required to tell law enforcement anything about what you were doing prior or during driving, you don't have to perform any of the drunk driving or field sobriety tests. When you put your finger to your nose, and you walk the line, your pointing yourself right to the jail cell by giving police and prosecutors ammunition to convict you. In a season where we are encouraged to give, please give none of yourself here. Tomorrow we'll discuss the breathalyzer blues and the new law making the second refusal a crime in Florida - a distinct and separate area from the physical tests a driver is asked to perform.
Switching gears, your home is your castle. And your sleigh may be your vehicle of choice during Christmas season. But what you do in them, can land you in a jail cell. As I have said before, don't do anything illegal, but should you do desperate things, in desperate times, like turn the inside of your home into a nursery of something other than miseltoe - i.e. pot or drugs - be prepared to be arrested. Take for example these gentlemen who were allegedly manufacturing marijuana in their grow house in BrevardCounty http://www.floridatoday.com/article/20091216/BREAKINGNEWS/91216012/-1/crime/Cape+Canaveral+growhouse+suspect+leaves+jail+on+bond.
Like them, you have rights. Don't talk without your lawyer present and don't give anyone permission to search your home. Furthermore, remember anyone you talk to in your home, on the phone, or in town, maybe be a confidential informant ready to use your words against you. Also, just like Christmas lights announce to the world your excitement, smells from your home and an electric bill higher than the cost of lighting the national christmas tree, are good indicators that you are being naughty.
Again, should you be arrested for any DUI, Drug, Trafficking, Manufacturing or Prescription Fraud, don't hesitate to call me morning, noon or night at 866-912-4DUI or 772-465-5171. Please also feel free to review my websites: www.duiguy.info and www.drugdefensefirm.com I'm a good listener and an even better lawyer. Night, Night and keeps your lips tight.
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| December 15, 2009 |
| Christmas DUI & Drug Bust Blues |
| Posted By Jerry |
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I guess I got the Christmas blues, or so the song goes. We'll it doesn't have to be that way, but should the blue lights come your way, or should you get some coal in your stocking, the Roden Law Firm is here to help with your arrest issues. As said in my last posting, I'll be giving you some holiday legal advice during the next, now nine days, that could keep your feet on the street.
Remember to think and act wisely at all times, or you'll earn yourself some time in a cooler climate with bars. I work vigorously to protect my clients' constitutional rights and will utilize all available resources to see to it that you maintain the holiday spirit. So, if you drink more than you should, or fall from grace and partake in an activity involving illegal drugs, the first rule of thumb is that you have a constitutional right to a Silent Night. Don't allow law enforcement to tell you that you don't have to answer any questions - simply don't answer any and invoke your constitutional right against self incrimination. Again, be polite at all times; simply give them your name and address only and don't give law enforcement permission to search you, your home or your vehicle.
This is a fun time of the year, but sometimes folks have too much fun. Don't get down on yourself as I'll be here to help you through your legal problems on Florida's Treasure and Space Coast. As a former Public Defender, Assistant Attorney General and now private attorney in Florida, I have years of experience that can make the difference in difficult situations for Florida matters. Feel free to call me at 772-465-5171 or 866-912-4DUI so that we can answer your questions at one of our four offices in Ft. Pierce, Vero Beach, Stuart or Melbourne. Also feel free to review my websites: www.duiguy.info or www.drugdefensefirm.com. Remember, this advice is only for Florida residents. Merry Christmas to all and to all a good night!
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| December 15, 2009 |
| DUI & Drug Christmas Crackdown and the twelve days of law enforcement prowling |
| Posted By Jerry |
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| Welcome to Roden Law Firm's new blog. We'll its the Holiday Season, woop dee do, as law enforcement will soon be all over you. Wether its the St. Lucie County Sherrif's Office Trafficking and Distrbution arrest http://www.tcpalm.com/news/2009/dec/14/two-more-arrests-made-in-st-lucie-cocaine-and/?partner=popular or aggresive DUI patrols in Martin, St. Lucie, Indian River or Brevard County, keeps your eyes wide open, your hands on the wheel and don't drive impaired or do anything illegal. Again, impairment or drunk driving can be because of alcohol or prescription medication. Whatever the case, I'll be providing you my twelve days of Christmas - Criminal Defense attorney style - well, during the next twelve days - up until the big day. So number one, don't do drugs, sell drugs or drive drunk. However, if you do find yourself doing those things, you still have rights. Absent DUI checkpoint stops - and they are still questionable - an officer must have probable cause to pull you over. Again, it could be as simple as speeding; a light out or failing to maintain a single lane. So pay attention out there and keep your car in good shape. Secondly, don't give the cops permission to search your car and don't give law enforcement permission to come into your home without a warrant. Who is to say, that someone you don't know or trust, left you - a law abiding citizen - with something illegal. Also, be careful who you allow to drive in your car or live in your home. Who knows what they are doing, and what they may trafficking, distributing or manufacturing. So if you have been charged with a DUI Arrest or Drug Crime, please feel free to call me - Gerald T. Roden - at 772-465-5171. The Roden Law Firm has offices in Ft. Pierce, Stuart, Vero Beach and Melbourne, Florida. Even if you haven't been charged with a crime, I invite you to let me know what you think about my blog entries and post any questions you may have about your constitutional rights or topics you'd like discussed in the future. Happy Holidays and be safe out there. |
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