NO Shon!!!!

Posted February 16th, 2012 by Leah R with No Comments
Call me crazy but I’ve always felt that if a guy was going to hop in his ride and roll around a little tipsy thereby risking DUI, it would be best to NOT call attention to himself.  You see, to call attention from some may be a good thing, however the boys in blue may not appreciate this evening’s newly acquired speech impediment, eyes that are rolling back in your head, or the glitter left on your shirt earlier in the evening from the gal dancing her way through school.  Stupid me.  I did not receive the same memo that Knowshon Moreno got indicating that it would be safe to throw some blades on your new Bentley convertible, hang a license plate reading “SAUCED” on the back, and then whiz through a construction zone 35 miles per hour faster than what’s allowed.  All while doing this in a place where there are signs depicting young Suzy demanding you slow down because her Pops is hard at work behind the orange construction cones.
In all seriousness, this is the dumbass move of dumbass moves with respect to driving under the influence.  Why?  Hear me out.
  1. the flashy car draws attention regardless.
  2. The license plate that says “SAUCED” will not doubt be in a police report indicating the officer thought it was indication that the driver often got “SAUCED” and drove in his car.
  3. He sped.  In a construction zone.  Where cops routinely post up.
  4. Booze on your breath + car = DUI in most cases.
  5. No insurance.
Now then, ever the proponent for “innocent until proven guilty” that I am (unless it benefits my blog), what is Knowshon facing and how could he avoid it?  I’ll use Florida law examples as I’m a Florida lawyer representing Floridians and snow birds who likely don’t care about Colorado, though it is a beautiful state.  If Knowshon were in FL and couldn’t get his DUI reduced he’d be facing a formal conviction that would not allow for a subsequent expunction.  Generally first time DUIs in the Tampa Bay area amount to somewhere between 6 months probation and 6 months jail (depends on circumstances), a court imposed 6 month driver’s license suspension (in addition to a suspension imposed by the DMV), 50-75 public service hours, DUI school, Victim Impact Panel (consequences of DUI class as put on by victims of DUI), a 10 day impound of the vehicle, $500-$1000 fine (unless there is an enhancement), court costs, possible restitution, amongst other costs.
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So how could he hope to beat this charge?  I advise my clients there are generally (not exclusively) two ways to beat a DUI in the pretrial stage.  Initially you must always look to see if there has been an illegal seizure of your person.  An officer must have reasonable suspicion that a crime is being committed and be able to articulate it or have probable cause that you have committed a traffic infraction in order to stop you.  Upon the stop they can either verify the reasonable suspicion or develop it (after a traffic infraction stop) by their observations and request that you perform field sobriety exercises.  Often, despite a stop being made there turns out to be no lawful reason for doing so.  When that is the case all evidence obtained after the stop must be thrown out of court and typically the case goes away.
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There is also the possibility of showing the breath test wasn’t obtained lawfully.  There are numerous ways to make this showing including but not limited to a faulty implied consent, the machine not being maintenanced properly or timely, the operator not having kept up with certifications, the machine being broken, or other strict protocols not being complied with.  If you can suppress either the breath test or refusal to blow, you may gain some leverage toward getting the charge reduced.
Lastly there is the option of going to trial and flat out kicking the State’s ass, assuming the DUI charge is nonsense.
Knowshon is dealing in Colorado and so his options likely are a bit different.  Regardless, he’s got a hill to climb that won’t be easy.  Good thing for him he has Tim Tebow by his side to woo the good people of Colorado into a get out of jail free card.  In Tim he should trust!
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If you’ve been unlucky in your SAUCEDmobile like Knowshon and need a criminal lawyer, call the attorneys at The Mayberry Law Firm today at 727-771-3847.

 

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