1. 10 Day Rule
You have 10 days from the date of your arrest to file certain requests or you may waive certain legal rights that you may have.

• By taking advantage of this 10 day period you may be eligible for a temporary driving permit.

2. Basis Of The Stop
Police officers are trained to look for your driving pattern to see if there are any infractions, which would indicate that you are impaired. These include wide turns, driving too slow, weaving, and failure to maintain a single lane. Curiously, speeding is not an indicator.

• There are numerous explanations for your driving pattern, which may have resulted in you being stopped.
a. Weaving may be due to inattention.
b. Lighting a cigarette.
c. Talking on a cell phone.
d. Changing the radio stations.
e. Poorly marked roads.
f. Bad eye sight.
g. Fatigue.

• Non-impaired drivers can drive this way for these reasons.

3. Appearances Can Be Deceiving
• Odor
a. Ethanol (alcohol) is a colorless, odorless substance – it is the flavorings and combinations with other substances that you smell.
b. It is impossible to tell what someone has had to drink from the odor.
c. It is impossible to tell when someone drank from the odor of alcoholic beverages.
d. It is impossible to tell how much someone has had to drink from the odor of alcohol
.
• Blood Shot Eyes
a. Eyes can be red from cigarette smoke, contact lenses, rubbing the eyes, crying, fatigue, or for any number of common reasons.

• Flushed face
a. There is no such thing as a flush face. A red face can be caused by nervousness.

4. Field Sobriety Tests
• Your arrest report may indicate that you were asked to take a field sobriety test from a police officer.
• Sometimes police officers who administer these tests do not know the correct way to implement these tests, which form the basis for your arrest.
• It is unacceptable to allow the police officer to be the only one in the courtroom who knows about the roadside examination.
• There are NHTSA studies, which every police officer should know that our standards used to administer these tests. You would be surprised of how little knowledge these officers may have.

5. Medical Conditions
• If you have a medical condition this might cause symptoms or poor performance that could be mistaken for impairment from alcohol.
• Bad backs, bad knees, ear problems, infections, colds, flus, medications, or any variety of things can be mistaken for impairment.

6. Alcohol Absorption Rates (Entrance of Alcohol into the Blood Stream)
• Alcohol absorption rates are different for each individual, which could result in a valid defense.

• Varies by:
a. Age
b. Gender
c. Food consumption
d. Type of alcohol
e. When food consumed

• Alcohol Elimination (removal of alcohol from blood stream)
• Varies by:
a. Age
b. Gender/Sex

7. Breathalyzer Tests
• Legal Motions can be filed to challenge the admissibility of the Breathalyzer results in some cases.
a. Old technology: The police use the intoxlizer 5000R series machine, which was purchased and put into use by the police over 10 years ago. The manufacturer has since replaced the 5000R with better ones including the 8000 series.
b. Scientific Instruments: These machines are scientific instruments not operated by scientists but instead by sparsely trained police officers. Calibrations for these machines take place only once per month, not daily or before and after each test.

The State of Florida is one of the strictest states in the United States to have a DUI. These cases must be scrutinized for any legal defenses that you may have. Only an experienced attorney will be able to help you find these defenses.

RICHARD NICK KELLEY, P.A.
Historic Beaumont House (behind the Osceola County Courthouse)
206 South Beaumont Avenue, Kissimmee, Florida 34741

(407) 847-6259
www.RICHARDNICKKELLEY.com

Kissimmee Drug Trafficking
Defense Lawyer

Did you know?

If you have been charged with drug smuggling, you could be facing very serious penalties. State and Federal drug laws both apply in drug trafficking cases, resulting in increased penalties.

It doesn’t take much to escalate a possession or possession with intent to sell charge to the more serious charge of drug trafficking. If you have been charged with a drug crime, your defense should start with a solid investigation. I am attorney Richard Nick Kelley, and I have been defending people charged with drug crimes for more than 30 years.

Contact my law firm 24 hours a day, seven days a week to talk about your options. Call 407-847-6259 to schedule a free initial consultation.

Defending Drug Trafficking Charges

At the Law Office of RICHARD NICK KELLEY, we defend people charged with crimes involving both illegal and prescription drugs:

  • Marijuana
  • Cocaine / crack cocaine
  • Methamphetamine (meth)
  • Heroin
  • Prescription drugs (Oxycontin, Oxycodone, Xanax, Fen Phen, and others)

The State of Florida has minimum mandatory prison sentences for drug crimes. A judge cannot impose a lesser sentence based on personal preferences. Those convicted will suffer predetermined penalties based on the type and quantity of drug.

Our firm knows the various ways in which an individual can be charged with drug trafficking. Whether you had in your possession illegal prescription pills, or were caught with illegal drugs in your car, proceed with caution. Before you make a statement to the police, speak with an experienced defense lawyer.

Contact Us for a FREE Legal Consultation

If you are facing charges of drug trafficking or selling drugs, contact us online to schedule a free legal consultation. Call 407-847-6259 24/7.

Kissimmee DUI Attorney

If you have been arrested for drunk driving in Florida, you only have 10 days to file for a hearing with the Department of Motor Vehicles to prevent your driver’s license from being suspended. To protect your driver’s license, contact a lawyer as soon as possible.

In Florida, a drunk driving arrest can cost you not only your driver’s license, but you could also be facing substantial fines and other penalties. In addition, once you regain your right to drive, the increased insurance premiums could cost thousands of dollars. The only way to avoid these consequences is to avoid a drunk driving conviction.

I am Kissimmee DUI charge defense lawyer Richard Nick Kelley. I understand that a drunk driving arrest can lead to a lot of anxiety about your future. I utilize trial-tested defense strategies designed to protect your rights and keep your record clean. My only concern is that you are able to walk away with your rights and your freedom fully intact.

Never Plead Guilty To DUI Without Talking To A Defense Lawyer

Most people who are charged with a DUI/DWI offense wrongly assume that they have no choice but to accept the conviction and the penalties. Nothing could be further from the truth. There are a number of defenses that can be used to get the case dismissed or the charges reduced. When you hire my firm, I will present the strongest possible defense in search of a positive result.

Depending on the circumstances of your case, I can challenge the following in your defense:

  • Validity of the initial traffic stop
  • Accuracy of the field sobriety tests
  • Accuracy of the equipment used to determine your blood alcohol level
  • Qualification of the people who administered the tests
  • Accuracy of lab test results

I have experience with all types of cases related to DUI/DWI, including the following:

  • Repeat DUI offender
  • DMV hearings
  • Breath test refusal
  • Boating under the influence
  • Driving while license suspended (DWLS)

Contact An Orlando DWI Defense Lawyer

Contact Richard Nick Kelley, P.A., today for a free attorney consultation about your drunk driving case. You can reach a member of my firm 24 hours a day, seven days a week. Call my Kissimmee office at 407-847-6259.