The Yellow Pages and the Internet are full of lawyers that claim they can represent you on a DUI (drunk driving) charge. Many lawyers try to wear many hats and be all things to all people. Do you want a general practice lawyer handling your criminal case? Do you want a foot doctor operating on your heart? Sean O’Halloran and Peter Aiken, both former prosecutors, have been handling DUI criminal cases their entire careers. Criminal defense is all we do.
Should I use the Lee County Public Defender for a DUI?
As private lawyers, we get the video, we cross examine the arresting officer and we develop valuable testimony which can help your case long before a public defender would even be appointed.
Ft Myers Drunk Driving Attorney
Act now to save your license and driving privileges. Do not wait or it may be too late. At Aiken, O’Halloran & Banyai, we have extensive experience in:
• DUI checkpoints
• DUI accidents
• DUI traffic stops
• DUI manslaughter
• DUI field sobriety exercises
• DUI homicide
• DUI administrative hearings
• DUI second and third offenses
• DUI license suspensions
• DUI hit and run defense
• DUI defense
I am sure you have seen the signs on the expressway telling you to move over for emergency vehicles parked on the side of the road. On I-75, the police will often park on the shoulder with lights flashing waiting for someone to zoom by without pulling over one lane. Down the road a number of highway patrol cars are waiting to issue a ticket. At first glance, this looks like just another reason to write tickets and meet quotas. Sadly, there are a lot of accidents where police and tow truck drivers are injured needlessly while doing their job. Just two weeks ago a tow truck driver was killed when a man (allegedly drunk), plowed into the stopped vehicles. This is true when it comes to the “road rangers” who pull over to assist people whose cars have broken down or are disabled. If you see flashing lights up ahead and you are in the right lane, move over before you pass the stopped vehicles. The same goes for the left lane, particularly if it is a three or four lane road. Just today a rescue helicopter was hit in such an accident.
A lot of these accidents are hit and run cases where the driver hits a person who is rendering assistance to a broken down vehicle. This is particularly true if the driver is impaired from alcohol or drugs. If a death results, the Florida sentencing guidelines are harsh, and a person could be looking at a long prison sentence if convicted of DUI homicide. I guess that is why so many people leave the scene of the accident. You can get a prison sentence for leaving the scene but generally it is less than if you are convicted of DUI death. Of course, the better solution is to simply not drink and drive but in reality, many people do. I encourage people to find another way to get home. With services like Uber, it is so easy to avoid a DUI arrest. We have defended DUI homicide cases for decades. The cases are sad for both sides. On the one side, a family has lost a loved one. On the other side, someone is looking at ten years in prison. You cannot bring back a life, but good lawyering may be able to lessen the impact for the family of the person accused of the DUI death.
Years ago, if there was a heated argument in the house, you could call 911 and the police would come and calm everyone down. Nowadays, if 911 is called, someone is going to jail. Even a 911 hang up will result in police showing up at your door. They will insist on coming in for a safety check. They will generally talk first to the person who made the recorded call. Sadly, many police form their opinion after talking to only one party, generally, the woman. They get her side of things, particularly if the responding officer is female and turn a blind eye to your version of what happened or the evidence. Someone is going to jail, no matter what. The police are afraid of being sued if they leave both parties together so most of the time, one or the other is taken away in cuffs. Ninety per cent of the time alcohol is involved.
Alcohol fuels a lot of nasty emotions. A wife or girlfriend may have been your best drinking buddy earlier in the evening but may have turned on you in a jealous rage over something trivial. I have seen 100 pound women jump on 300 pound men like a wildcat scratching and kicking and screaming. Many times the man may try and restrain her by holding her arms, only to later be arrested for assaulting her. Alcohol fuels jealousy and resentment. Many times hard financial times lead to drinking and money problems are the trigger that ignites a fight. Sometimes one party or the other may be taking prescription medication that triggers an outburst. If you are a Vet, there may be a PTSD issue at the core of your marital dispute.
As criminal defense lawyers here in Ft. Myers and the Cape we have handled hundreds of domestic violence cases. We regularly get “no contact orders” set aside or modified. Jumping on these cases early is important. Do not wait until your first court date, the arraignment. By then, the case will have already been filed. We may be able to convince the State Attorney to drop the case before it gets filed. There are lots of immediate consequences to a domestic battery arrest. Your concealed weapons license is in jeopardy. Your employer may fire you. Your picture may end up on Mugshots.com on the Internet. Sometimes a phony accusation may be just the beginning of a divorce proceeding and designed to get you out of the house. Sadly some civil lawyers jump at the opportunity to use it as a mechanism to get control of the home. The DCF can also get involved is kids witnessed the argument.We have been doing this for years….Call 239 334 8890 for a free Consultation