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Florida DUI Defender
|  Arrested for DUI?
We will fight for you.
The law firm of David B. Pakula, P.A. provides intelligent and aggressive defense of DUI (driving under the influence), sometimes called DWI (driving while intoxicated), in the South Florida area – Broward, Miami-Dade and Palm Beach Counties. We are dedicated to defending every phase of a drunk driving case: restoring your driving privileges, challenging illegal stops and other police and prosecutorial misconduct, beating the breath machine (if you blew into the breath machine) and winning refusal cases (if you refused to take the breath test). Our defense begins with a free, comprehensive evaluation of your case in which we analyze all of the factors we use to formulate strategies for winning DUI cases.
In a DUI prosecution, law enforcement officers and the assistant state attorney have been taught how to use certain methods to obtain a conviction. DUI penalties are tough and enforcement of DUI laws is a high priority for the State. You need an experienced, knowledgeable and aggressive DUI defense lawyer on your side to challenge the State’s case with every means available.
Is this your first DUI arrest? We will guide you through the process, step by step. Mr. Pakula is accessible and devotes his personal attention to each client, providing detailed explanations to all their questions and concerns. First of all, you should be aware that you have only 10 days from the date of your arrest to request a formal administrative license suspension hearing to restore your driving privileges. Upon your arrest for DUI, your driver’s license is automatically suspended. Your DUI citation serves as your temporary driving permit for the first 10 days. If you fail to request an administrative hearing within the first 10 days, you will lose your driving privileges on the 11th day. For that reason, time is of the essence. You should consult with an attorney as soon as possible after your DUI arrest.
David B. Pakula is Florida Bar Board Certified in Appellate Practice. For more information see: www.FloridaAppellateLawyer.pro |
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| Enhanced DUI Reduced to Reckless Driving |
| on Tuesday, September 22, 2009 - 11:55 AM Posted by: dpakula |
| Our client was charged with enhanced DUI, BAC above 0.15. Pre-trial we successfully suppressed the breath test results due to a violation of the 20-minute observation rule at the BAT unit. On the morning of trial, we resolved the case for the reduced charge of reckless driving. Our client is very happy not to have a DUI on his record. |
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| How We Neutralize the State's Most Powerful Weapon in a Refusal Case |
| on Friday, December 05, 2008 - 08:58 PM Posted by: dpakula |
We love refusal cases. Why? Because the prosecution's case consists mostly of the unscientific and always flawed subjective observations and opinions of law enforcement officers. In a refusal case, there is never a shortage of material for us to work with in defending our client.
The state's most powerful piece of evidence in a refusal case is the refusal itself. The prosecutor is permitted to argue to the jury that the mere fact that the defendant refused the breath test leads to an inference of guilt. In other words, the state may argue to the jury that the defendant refused to take the breath test because he or she knew the result would prove intoxication.
During the trial of a refusal case, it is of utmost importance for the defense to disarm the prosecution by neutralizing its most important weapon. Read on to find out how we do it. |
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| Illegal Traffic Stop Thwarts DUI Prosecution |
| on Wednesday, November 19, 2008 - 10:08 AM Posted by: dpakula |
| Our client blew well over the legal limit of 0.08 BAC, according to the breath test affidavit. Nonetheless, the State Attorney dropped the charges after we successfully challenged the legality of the traffic stop. Our client was stopped for driving at night without headlights turned on. After the ensuing investigation, our client was arrested for DUI. During the suppression hearing, the State was unable to prove that the headlights were off for a significant period of time. Therefore, the judge granted our motion to suppress, effectively preventing the State from using its DUI investigation results at trial. Subsequently, the State issued a nolle prosse. |
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| Holiday Drinking: A Time to Act Responsibly |
| on Saturday, October 04, 2008 - 11:32 AM Posted by: dpakula |
| With the holidays approaching, it is time for all of us to act responsibly. Traditionally, people consume more alcohol during the holidays, and DUI enforcement increases accordingly. You can bet the police will be out in force looking for impaired drivers. The best way to avoid a DUI arrest is not to drive after you have been drinking. |
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| Florida Legislature Enhances DUI Penalties |
| on Saturday, October 04, 2008 - 11:16 AM Posted by: dpakula |
Effective October 1, 2008, the Florida Legislature changed the blood alcohol level (BAC) at which increased fines and maximum jail time apply. Formerly, the increased penalties applied for a BAC of at least .20. Under the new law effective October 1, 2008, the increased DUI penalties apply for a BAC of at least .15. This is a significant change that will adversely affect many people.
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FL Traffic Ticket Defense |
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Florida DUI Defender
David B. Pakula, P.A.
Attorney At Law
6840 Dykes Road
Southwest Ranches, Florida 33331
(954) 217-5123
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david@pakulalawfirm.com
http://FloridaDUIDefender.com
Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.
Mr. Pakula is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.
Nothing in this web site should be construed as legal advice to you and does
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Florida Professional Association, 1806 N. Flamingo Road, Suite 410, Pembroke Pines, Florida 33028, Phone: (954) 217-5123, Email: dpakula@infionline.net.
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