Florida DUI Defense Attorney Robert Whittel Top 3 Mistakes in DUI Defense Strategy

November 15, 2020

Tampa, FL – DUI Defense Attorney Robert Whittel of Whittel & Melton has tried many jury trials and can speak with incredible context about the mistakes DUI lawyers make in a DUI defense strategy. Florida DUI Manslaughter and Serious Bodily Injury charges come with significant penalties. The elements of DUI in Florida are consistent, whether in Tampa, Gainesville, Ocala, Clearwater, or elsewhere.

To that end, DUI Attorney Robert Whittel outlines three mistakes he has seen over the years in defending DUI charges in Florida.

1. Visit the scene of the DUI Arrest. It seems obvious to someone studying DUI defense strategy, but it is very common for attorneys to be hired. Certainly, public defenders never visit the scene of the arrest. A DUI arrest usually involves an accident, erratic driving, a roadside test, and observations in dark conditions at night. Visiting the scene can provide valuable insights for the DUI attorney during cross-examination and may also inspire ideas for an effective defense strategy.
2. Get the DUI Tow Slip. Very commonly, a DUI arrest will include towing the client’s vehicle. When a vehicle is towed, law enforcement should take an inventory of it. This inventory could include not only the contents but also the physical condition of the vehicle. In some cases, the allegations made by DUI officers are inconsistent with the information recorded on the DUI Tow Slip, which could play a crucial role in the defense strategy.
3. Did the officer have Probable Cause for the Arrest? This seems like an obvious item; how could it be a mistake? Too often, DUI Defense Lawyers mistake the entire Arrest Form and all that it includes for what was actually the basis of the DUI Arrest. In Florida, consider what defines an arrest, when it occurs, and what information the DUI officer had at that time. Many DUI cases are largely based on evidence collected after the arrest, not before, a key factor in building an effective defense strategy.

Contact Us Today

Florida DUI Attorney Robert Whittel and Whittel & Melton are ready to consult on DUI cases in Tampa, Clearwater, Gainesville, Ocala, and surrounding jurisdictions. Please call us at 866-608-5529 or email us at info@theFLlawfirm.com. Recuerda que hablamos español. Contáctanos ahora.