Ratings & Reviews
My husband and I were very pleased with the services we received at Largey Law. Everyone was professional while being friendly and helpful. They answered all of our questions and kept us informed of the process. Thank you Mr. Largey and s...
My husband and I were very pleased with the services we received at Largey Law. Everyone was professional while being friendly and helpful. They answered all of our questions and kept us informed of the process. Thank you Mr. Largey and staff for taking good care of us!
It is never easy to use a attorney for anything. Mr largey made it easy. He coached me through our entire process and really went out of his way to make sure i was taken care of. Its a good feeling knowing that your attorney has your back.
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my ...
I am a trial attorney who had been practicing law for ten years. Attorneys only hire the best when the things that matter the most in their own lives are threatened with harm. That is why I hired Christopher R. Largey of Largey Law when my family, children, and career were maliciously attacked and deceitfully threatened. Mr. Largey is respected by our judges, other attorneys, and the community at large, and as a result he is routinely hired by lawyers who need to be represented fully. He never backs down, he is never pushed, and he is compassionate. He absolutely understood the gravity of the family dynamic that he had to protect in my case. Whenever a lie was told, he would immediately and aggressively confront it head-on, exposing the same. His skillful use of courtroom practice and his knowledge of the evidence code brought the truth to light. The result was a resounding legal victory that protected my children, as well as the complete vindication of my character and my career. Though Chris is not even a family law lawyer, I knew he was the right attorney for this challenge. He stood there for me, and I will never regret hiring him for as long as I live.
How Can You Appeal a Florida DUI Conviction?
- posted: Aug. 19, 2020
Being convicted in Florida of driving under the influence of alcohol or drugs can cost you in many ways, including expensive fines and a criminal record that can never be expunged. In addition, you face suspension or other restrictions of your driver’s license. Challenging the conviction, sentence and other sanctions requires a carefully thought out and executed appeals strategy.
A successful appeal of a DUI conviction can result in a reversal, a new trial and/or a new sentencing hearing. However, you must have grounds for appeal, which means showing that there were mistakes made by the police or that legal errors occurred at trial. Some common grounds to appeal a Florida DUI conviction include:
- Lack of basis for the traffic stop and sobriety test — The police may have pulled you over without a legal basis, such as a traffic violation, and subjected you to testing without probable cause.
- Violation of Miranda rights — The police have a duty to advise a DUI suspect of their right against self-incrimination and to consult with an attorney. While there is no right to refuse a Breathalyzer test, any statements taken are inadmissible if the Miranda warnings are not given.
- Improper admission of breathalyzer evidence — There may have been inaccuracies in the way the breath test was administered, such as in the calibration of the breathalyzer machine or in the handling of the results.
- Improper reliance on other evidence — While a DUI can be based on a field sobriety test without breathalyzer results, there is a greater margin for error and so additional evidence beyond the officer’s testimony may have been called for.
- Ineffective assistance of counsel — The defense attorney at the trial level failed to make motions or objections necessary to protect your rights.
In addition to the DUI prosecution, the Department of Highway Safety & Motor Vehicles will automatically suspend your driver’s license based on breathalyzer test results or refusal to take the test. However, you can challenge the suspension by requesting an administrative review hearing within 10 days of the DUI arrest. This will allow you to be issued a limited Business Purposes License (BPO) while the review process is pending. At the hearing, you have the right to be represented by counsel, to call witnesses (including the arresting officer) and to present other evidence. The hearing officer may agree to restore your license. If not, the suspension will last for 30 to 90 days. After that, you may be able to qualify for a temporary restricted license based on a demonstration of hardship.
An experienced Florida DUI attorney can examine the facts of your case, determine the available grounds for appeal and assist you in the processes for seeking license restoration.
The attorneys at Largey Law Firm are skilled at challenging DUI convictions and license suspensions. To schedule a free initial consultation, call us at 352-253-0456 or contact us online. We have offices in Tavares, Clermont and Inverness.