Monthly Archives: February 2021
Does the ALR Hearing Matter in a DUI Defense?
Many defendants would say “no” to this question. They are not too far off base. After all, Administrative License Revocation hearings are difficult to win. Furthermore, the rules are very complex. So, many people conclude that a license suspension is inevitable and there is no point in fighting it. Generally, the ALR hearing occurs… Read More »
Three Most Common Search Warrant Exceptions in Drug Possession Cases
If you think the War on Drugs is over, think again. Drug possession arrests have increased significantly since 2015. Simple possession accounts for almost 90 percent of the drug arrests in Florida. Typically, things happen so fast in these cases that police officers do not have search warrants. So, prosecutors must rely on a… Read More »
Five DUI Checkpoint Requirements
Normally, the Fourth Amendment requires police officers to have reasonable suspicion of criminal activity before they can detain motorists. “Reasonable suspicion” is basically an evidence-based hunch. In this context, reasonable suspicion typically means a traffic violation, like speeding or failure to maintain a single lane. At that point, the DUI investigation begins with the… Read More »
Top Five Search Warrant Exceptions
During the Colonial period, Americans resented the fact that British officials used blank search warrants to rummage through their personal property any time they wanted to do so. So, the Founding Fathers added the Fourth Amendment to the Constitution. This provision states that search warrants must be based on probable cause. Over the years,… Read More »