Driving Under the Influence (D.U.I.) Defense in Jacksonville, FL

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Being represented by an experienced DUI defense attorney can pay large dividends. Your ability to keep your license and obtain early evidence are in play. We may be able to challenge the initial stop, the tests you submitted to, and other aspects of your case. In many cases it's possible to negotiate a lesser charge.

It is not difficult for an officer to arrest you for Driving Under the Influence (D.U.I.). All it takes is for the officer to use his or her personal opinion, based on observing you, to establish "probable cause" that your normal faculties are impaired while in physical control of a motor vehicle.

Once stopped and "reasonable suspicion" is established, you may be asked to "perform" the Field Sobriety Exercises, which can help or harm your chances in beating this common charge.

Once arrested, you will be subjected to a request for a breath, urine, or blood test. There are penalties for refusing, and in some cases a blood draw can be forced upon you.

Regardless of your actual state of sobriety, you will then be held for a minimum of 8 hours in the county jail. And that's just for starters.

If you decide it advantageous to take the case to trial, where a jury can make the determination as to the alleged impairment of your normal faculties, then an experienced DUI trial lawyer will be invaluable.

The Mosca Law Firm, P.A. has specialized training and experience dealing with DUI cases. Call today for a free consultation and case review.
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Stephen A. Mosca, Esq. is the Past-President of the Northeast Chapter of the Florida Association of Criminal Defense Lawyers.

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Mosca Law Firm, P.A.
1054 Kings Ave.
Jacksonville, FL 32207

(904) 390-2706

Frequently Asked Questions: D.U.I.

What if I already plead guilty at first appearance?
If you act within 30 days, you may be able to have your plea vacated and proceed to defend you case.
What about the Field Sobriety Exercises?
The Field Sobriety "Exercises" are really a a rather unfair set of tests of your ability to perform certain physical and mental tasks.  An officer needs reasonable suspicion of impairment to even request that you take them.  There will usually be a video that shows your performance as well as the officer's demeanor and instructions as well as the environmental conditions at the time.  Also, any physical problems you may have can mitigate your performance.  There are methods of attacking these "exercises"  at trial if they're unfavorable and they work in your favor if you did well.  You can refuse to perform them though officers sometimes neglect to mention that or even imply otherwise.
What about the breath test?
There are many ways to attack the results of the breath test.  The machine may be unreliable and have provided a false reading, for example.  We analyze the specific machine used, the circumstances of its use, and successfully argue to have the results suppressed in many cases.  If you blew below the legal limit, it can work in your favor though there may be other factors to consider.
What about a urine test?
Many cases hinge on other drugs that may cause the officer's belief in your impairment.  Urine tests can reveal tell-tale signs of other drugs in your system but they cannot tell for certain if you were impaired by them at the time you were driving.  There are also evidence issues, such as chain of custody and testing method, that can be argued.
What about other evidence against me?
You were arrested under a "probable cause" standard, but you must be convicted "beyond a reasonable doubt." It is not always so easy for a prosecutor to get from one to the other with a good defense attorney on your side.

We analyze all the facts and circumstances of your entire case.  There are often issues associated with the initial stop or with the officer's reported observations that allow a motion to suppress the evidence to be argued.  Depending on the facts, these motions can be devastating to the State's case. 
If convicted, what punishment do I face?
For first offense, there are court fees, fines, community service, attending some educational classes, and probation.  No jail is mandated.  The court will also suspend your license for 6 months but a hardship license is an option.  If you own a vehicle, you will also have to surrender the license plate for 10 days.

For second and subsequent convictions, the punishment can increase and may include some jail time. 

If there was an accident there may be damages or bodily injury, in which case there may be a blood test performed and additional penalties and restitution.

Call to discuss your particular case for a more detailed answer.
Is there any result other than dismissal or conviction?
Many times, depending on the particular facts of your case, it is possible to negotiate an alternate charge, such as reckless driving.  In such cases you may still have to perform all the DUI educational classes but will be spared the DUI conviction on your record.
About Stephen Mosca
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Stephen Andrew Mosca is originally from Mount Vernon, New York.  He graduated from the Academy of Aeronautics in 1979 and began his career with Grumman Aerospace Corporation as a Structural Design Engineer working on the Space Shuttle Wing, F-14, X-29 and Lavi fighter programs. Read more...
Client Reviews
"...Stephen Mosca, one of the best criminal defense attorneys in Jacksonville...."
Local Crime Columnist and author Wes Denham, Folio Weekly: Nov. 27, 2013