Miami DUI Lawyer

Miami DUI Lawyer

Seven things your Miami DUI Lawyer

Check your surroundings and slowly pull over to the right side of the road. Keep your turn signal on to indicate to the officer that you intend to stop. Shut down the engine and if it is dark out, turn on the interior light and keep your hands on the steering wheel. Stay in the car unless the officer asks you to get out. This position is the least likely to raise concerns.

Be honest and avoid any actions that suggest that you are trying to hide, destroy or dispose of something.
For example, if an officer sees you lean forward, the police may think that you have hidden an object under the front seat.

Listen more than talk. Follow the instructions correctly. The officer is in charge of the situation, and it’s not over until the officer tells you that you can drive off. Just answer the question, don’t volunteer unnecessary information and don’t argue. Also, tell your passengers to follow the same rules.

Nowadays, many police cars have equipment that visually records traffic stops. Even without the video, the police officer will be watching your behavior for the police report. Don’t act strangely or furtively.

Police officers routinely ask this question, and if you are like most people who have been drinking, you may say, “just a beer or two with dinner” or some other underestimation about how much you drank.

The best answer to the question “How much did you drink?” It’s that you cannot determine how much you had to drink. It’s also important to remember that you have the right to remain silent to not incriminate yourself. Be advised that your “underestimations” can be used against you during a trial.

Think carefully about refusing to take a blood-alcohol content (BAC) test. In Florida, the law affirms that if you have a drivers license, you automatically accept to be tested by the police if under suspicion of driving intoxicated. However, a refusal to do so will have serious consequences due to Florida’s implied consent laws.

In Addition to the standard penalties for DUI, a BAC test refusal in Florida may also involve:
Mandatory License Suspension
Charges of Criminal Misdemeanor

If for some reason you have right to doubt that the person who pulled you over is a police officer, ask to talk to a supervisor or say that you will follow the police officer to the police station.
Click here to learn more about Field Sobriety test laws in Florida

Utah v Strieff: A step away from the 4th amendment

It is a slippery slope to a police state when our courts sanction police misconduct in the hopes of netting criminal activity and credit it to the “greater good.”

Our Courts have long held that when evidence is obtained through police misconduct it should be excluded in criminal trials. The Supreme Court’s decision in Utah v. Strieff creates a dangerous shift from that paradigm wherein the Court, in essence, ruled that the ends justify the means.The Court held that where an officer conducts an illegal stop that leads to the discovery of an outstanding warrant and the individual is arrested and searched based on the outstanding warrant, evidence obtained from the individual during the search is admissible despite the illegal nature of the initial stop. The Court’s ruling is based on the legal principle that if an officer’s illegal conduct is removed enough from the discovery of the evidence obtained, the taint from the illegal search has dissipated and the evidence can be admitted.

This case has single-handily redefined what it means for the illegality to have been removed or remote enough from the illegal act as to relieve law enforcement of any responsibility for their illegal conduct.

In other words, the Supreme Court has held that an officer can approach an individual, minding his or her’s own business, not under suspicion of having committed any crime, interrogate them and if that interrogation leads to the discovery of a crime or warrant, no matter, any evidence obtained as a result of this search, could be introduced as evidence. It

Justice Sotomayor’s powerful dissent hits to the core of the problem with this decision:

“We must not pretend that the countless people who are
routinely targeted by police are “isolated.” They are the
canaries in the coal mine whose deaths, civil and literal,
warn us that no one can breathe in this atmosphere. See
L. Guinier & G. Torres, The Miner’s Canary 274–283
(2002). They are the ones who recognize that unlawful
police stops corrode all our civil liberties and threaten all
our lives. Until their voices matter too, our justice system
will continue to be anything but.”

 

FinCEN Issues New Rule Requiring Financial Institutions to Monitor and Personal Identify of Legal Entity Owners

Effective July 11th of 2016, FinCEN will require that financial institutions keep a closer eye on its new and existing customers. A legal entity when opening a new account will be required to disclose any beneficial owners who either owns more than 25% or is the single individual who exercises control of the company.

In addition, the new rule amends the Anti-Money Laundering Program rule to require that financial institutions implement risk-based procedures for conducting ongoing customer due diligence, i.e. monitoring and reporting suspicious transactions.

In other words, FinCEN is requiring that financial institutions flag and report any perceived “suspicious” activity as well as verify the identities of beneficial owners of their clientele.

It is important for business owners and financial institutions alike to understand the implications and effects this new rule may have on the way they conduct business. At the Law Office of Ramon de la Cabada, we are experienced in advising clients and assisting in the implementation of of measures to avoid future inquiries or investigations.

DRUNK DRIVING and OTHER STATISITCS

DRUNK DRIVING and OTHER STATISITCS

 

Drunk driving auto accidents account for over 31% of all crashes on the road. With complete disregard for their own safety, the safety of innocent pedestrians and other motorists, countless Americans decide it’s worth the risk by getting behind the wheel while legally impaired. It’s apparent it’s happening far more often than it ever should. On average, approximately 30 people parish every single day in alcohol-relate automobile accidents. That’s about one death every 51 minutes on average. Numbers don’t lie, so anyone can see we’ve got a major situation on our hands which needs our immediate attention.

 

What If Alcohol Didn’t Exist?

 

  • 10,000 lives would be spared each year. That’s over 31% of all automobile accidents.
  • 239 children that had died in 2012 while riding in the vehicle of an intoxicated driver would still be alive today.
  • We will remove another 18% of yearly motor-vehicle deaths that are caused by drugs such as marijuana and cocaine mixed with alcohol
  • Approximately 30-years are taken off of the lives of those who consume alcohol in excess due to alcohol-related diseases. You’d get to keep those…

 

If these aren’t excellent reasons to cut back, or even quit drinking altogether, I’m not sure what are. However, in all reality alcohol consumption will undoubtedly be something that’ll always exists in our culture. It’s when you operate your vehicle impaired that it becomes a problem, so always use wise judgement when it comes to the matter of drinking and driving.

 

Alcohol Consumption & Pregnancy

 

Adverse effects associated with alcohol consumption by a pregnant woman cause drastic complications and defects to the fetus. If you’re pregnant, or think you may be pregnant, you should immediately refrain from all alcohol consumption, as no study has shown drinking during pregnancy to be safe. If you continue, your unborn child stands the risk of developing FAS (fetal alcohol syndrome) which has been recognized as the most preventable condition correlating with developmental and neurobehavioral abnormalities. Women who continue drinking throughout their pregnancy put themselves at higher risk of bringing a baby suffering from FASD (fetal alcohol spectrum disorders) into the world. If you’re attempting to conceive a child it’s wise to quit dinking alcohol weeks, or even months before becoming pregnant. Any lingering toxicity in your system could potentially create a slew of terrible conditions for your precious little bundle of joy.

 

 

According to a study conducted by CDC – ‘CDC analyzed data for women aged 18–44 years from the 2002 Behavioral Risk Factor Surveillance System (BRFSS) survey. The results of that analysis indicated that approximately 10% of pregnant women used alcohol, and approximately 2% engaged in binge drinking or frequent use of alcohol. The results further indicated that more than half of women who did not use birth control (and therefore might become pregnant) reported alcohol use and 12.4% reported binge drinking. Women who are pregnant or who might become pregnant should abstain from alcohol use.’

This guest post was written by Curtis Boyd for the Law Office Ramon de la Cabada P.A.

(Tags: #alcohol #alcoholabuse #drunkdriving #intoxicated #fas #fasd #sobriety #dui #ovi #drunkdrivingarrests #drunkdrivingstatistics)

Criminal Attorney in Miami

An Aggressive, Proactive Approach to all Cases

As a former prosecutor Ramon de la Cabada knows firsthand how the law enforcement puts together cases. He is a Criminal Attorney in Miami that knows the inside, he used to be in their shoes. He has the playbook. Now we use this insider knowledge to your advantage in fighting your criminal charges.

Criminal Attorney in Miami

Other Criminal Attorney in Miami takes a wait-and-see approach. They stall until the first court date, or until they receive the police reports, before investigating and working up your case. By contrast, Ramon de la Cabada believes there’s no time to waste. The most critical window for defense are the first few days following an arrest, or even before formal charges are filed. By getting to work immediately, often he can locate favorable defense evidence and witnesses, and get a “head start” towards defeating the charges.

Make no mistake. Cops concern themselves mainly with aiding the prosecution and building up a case against you. They should not be relied upon to gather favorable evidence that helps exonerate their suspect. They are not on your side.

Law enforcement frequently uses unreliable informants, defective warrants, and other illegal methods to make drug busts. Your Criminal Attorney in Miami can challenge these searches and search warrants, to get evidence and cases thrown out of court.

Help is a Call Away – Contact Criminal Attorney in Miami

Getting arrested for a crime does not necessarily mean you will be convicted. Our job is to find ways to keep your record clean. Tell us your story and let’s see how we can help. Protecting your legal rights and your criminal record is our highest priority. Call The Law Office of Ramon de la Cabada for a free consultation with a skilled and experienced criminal attorney in Miami.

DUI Attorney in Miami

Whether you went out with the intent of only having a few drinks with friends or were going to pull an all-nighter drinking alcohol always assists you in making wrong decisions. So what happens when you decide to go out and drink and then you need to get home? Well if you are reading this you probably know by now that you should have called a cab. When you decide to drive even if you have only had a couple of drinks, you are at a critical risk for a DUI. But the question we will be addressing today is how do you find the right person when searching “DUI Attorney Miami” in Google?
After you get pulled over for a DUI you are probably stressed out, drunk, and confused. Can you honestly say that you know precisely what happened? Do you think the judge would believe you if you say that you do? The best chance of defending your DUI in Miami is to contact Ramon de la Cabada so that he can represent you. Looking for an attorney is difficult because there are a lot of offers around. The decision is simple: the most experienced attorney who focuses on DUI in your area within your budget.

Obviously, any DUI Attorney in Miami will take your case, but having a lawyer who has been on the prosecution side is beneficial. The Law Office of Ramon de la Cabada will instruct you on the most common tactics the law enforcement may use to build your charges. Ultimately, is imperative to remember that the decision to get a lawyer should not be about the lowest bidder. Quality doesn’t need to be expensive, but ineptitude certainly is not cheap. Getting the attorney that charges less may lead you to pay a higher price in court.

Arrested and looking for the service of a DUI Attorney in Miami? DUI Attorney Ramon de la Cabada dedicates to each case with professionalism and commitment. He works with his clients through their entire DUI cases including DMV charges and license reinstatement.He makes sure to achieve the best outcome possible. To schedule a free consultation contact our office today. For more information on DUI legislation in Florida visit DUI penalties in Florida.

How Do You Choose the right “DUI Attorney Miami”?

DUI Attorney Initial Consultation

After being arrested for driving under the influence in Miami, an individual must decide whether to hire a DUI attorney or rely on a public defender. Often, finances determine this decision. However, if a person decides to hire a DUI attorney, they must first decide which attorney to hire. Individuals will “interview” several experts by going to a free initial consultations to see which one seems more knowledgeable and offers the most reasonable fee. So what happens at that free initial meeting?

What to Expect during the First Consultation

When scheduling an appointment, an individual will meet face to face with the attorney to go over their case and specific details for free. In certain situations, if the person is imprisoned, the DUI attorney may come to the jail or prison to do the initial consultation. However, most discussions occur at the attorney’s office. While meeting with the attorney, the attorney will ask the individual to tell them what happened in their words. As the person tells the story, the attorney will typically ask questions and try to extract any details that may help the DUI attorney understand the situation and what is at stake. Additionally, the he will use the time as an opportunity to see how the individual speaks and acts. The mannerisms of the accused may be valuable if the person will be required to testify in court.

Sharing the Details of your case with the DUI Attorney

After going over the details and specifics of the case, the attorney will then give the individual a general snapshot of the legal implications, defenses, and strategies that the attorney may be able to use in the individual’s defense. At this point, the attorney will also go over the strengths and weaknesses of the case. Additionally, the DUI attorney will address the possible outcomes and punishments that the individual may face in the best and worst results of their case. The results could be anything from a complete dismissal of the case to jail time for a specified period.The purpose of the investigation is to find evidence of guilt and provide it to a prosecutor. As DUI Attorney Ramon de la Cabada served as a former prosecutor and fully understands how the prosecution builds its case, he can build a robust criminal defense strategy.

Protecting your legal rights and your criminal record is our highest priority.For more information on DUI legislation in Florida visit DUI penalties in Florida. For a free consultation with a skilled and experienced DUI attorney call The Law Office of Ramon de la Cabada at 305 928-2028

Criminal Defense Attorney for Hit and Run Investigations

Criminal Defense of Hit and Run Investigations

A Criminal Defense Attorney can assist in cases of Failure to Giving Information or Failure to Render Aid, commonly called ‘Hit and Run’ are a criminal offense in Florida. Under the State Transportation Code, this could be charged as a misdemeanor or felony. People understand it that if a person runs from the scene of an accident, crime has been committed. However, whether it is a felony or misdemeanor depends on whether anyone was injured in the accident. Even if the accident was not your fault, a hit and run are illegal. There is a legal responsibility to stop and provide your contact information or render help if needed. If injuries or death resulted from the accident, it could result in a felony charge.

In many cases involving an accident with injury, accident investigators assume that the driver committed a hit and run because the person was impaired by alcohol or drugs. They will look into that possibility as part of their investigation, which could result in an additional charge like DUI or Intoxication Manslaughter. Regardless of the severity of the accident you should consult a criminal defense attorney at once.

Criminal Defense Attorney for Hit and Run Cases

If you have been charged with leaving the scene of a DUI-related accident, you will need a skilled and tenacious criminal defense attorney in your corner. At the Law Office of Ramon de la Cabada, we will utilize all of our experience and certifications for your defense. We will research all aspects of your case so we can make sure you get the fairest trial possible and receive fair and reasonable treatment. We know that facing a DUI and hit and run charges can be confusing and scary, but a good criminal defense attorney can help ease your mind.

Facing Hit & Run Charges in Florida?

Our firm understands that there may be a valid reason for someone not stopping at the scene of an accident. For example, the driver may be unaware that there was a collision or is concerned about his safety. Talking to an investigator without the advice of an experienced defense attorney is never advised and could create problems in defending your case. The purpose of a law enforcement investigation is to find evidence of guilt and provide it to a prosecutor. As our founding attorney served as a former prosecutor and fully understands how the prosecution builds its case. After a thorough investigation of the circumstances of your accident, our firm will work with you to design a robust criminal defense strategy.

Protecting your legal rights and your criminal record is our highest priority. Call The Law Office of Ramon de la Cabada for a free consultation with a skilled and experienced criminal defense attorney.

DUI Lawyer: Do I need one?

There are many factors you should consider when it comes to hiring a good DUI Lawyer. The question isn’t should you hire a DUI Lawyer in the first place. You should. But there are questions you should consider before selecting the law office of DUI Lawyers that will best serve your needs. Here are some considerations we recommend.

Considering DUI Lawyer #1

Experience. When considering a law office to represent you in your DUI case, you really want to know you have a group behind you that has a great deal of experience in this specific field. Bottom line: you want to feel confident they’re specialists. That they know the ins and outs of DUI cases, know the legal system for your specific geographic region, know the judges and District Attorneys in your area. Fledgling law offices may seem appealing because they’re often cheaper. However, you really have to weigh cost versus experience, especially if your case involves potential damage to person and property. In those cases, you want the DUI Lawyers that can bring the most to the table, experience wise.

Considering DUI Lawyer #2

Focus on You. There is no doubt about it, there are law offices of DUI Lawyers out there that seem to operate like factories. They take on a huge case load at reduced prices. When considering a law office of DUI Lawyers, you want to feel as if they know you are a priority and not just a number in a stack of case folders. Of course, you won’t be a snow flake that they focus all their attention on. However, they should, at least, respond promptly to phone calls, e-mails, and texts. They should be keeping you up-to-date on all aspect of your case. They should be more than willing to answer any and all questions you may have. And, hopefully, there should be a sense of empathy between client and attorney.

Considering DUI Lawyer #3

Cost. Ah, you may have thought I was saying in the earlier posts that you should hire the best law office of DUI Lawyer money can buy. Not so. The key word is “hire”. You are hiring them. Yes, you should hire one, but there are plenty of law offices competing for your business. Of course, it’s not a business you wanted to be involved in, but if you’re in a DUI situation, it’s a business you are involved in. And the law office of DUI Lawyer you choose should be more than willing to recognize your personal circumstances, your financial situation, and work with you to come to an agreeable price for their services and how the payments will be broken up over time.
Are there more considerations out there? Yes. These are three big ones that should top your list.For more information on DUI legislation in Florida visit DUI penalties in Florida.

DUI Attorney in Miami explains Drug Detection

As a DUI Attorney in Miami the office of Ramon de la Cabada advises clients to seek legal help as soon as the DUI arrest happens. Some tests used to determine the presence of drugs in the system of the driver may give a false positive. This result can be used as evidence if not handled expediently.

As more and more states move towards the legalization of marijuana for medicinal purposes, it is important that our legislatures use precise language in creating new laws on these issues so that a term as general as drug “metabolite” is defined to include only those that can be proven to be linked to impairment.

After being stopped on a DUI, it is imperative to talk to a DUI Attorney in Miami. Ramon de la Cabada, P.A., will advise you with the latest legal information on cases of suspicion of drug use.

Was the driver impaired? Drug Detection

A metabolite is a byproduct of ingestion and breakdown of a substance such as cocaine, marijuana, PCP and many types of medication. A drug metabolite can be detected in urine or blood with a lab test. Metabolites such as THC, a product of marijuana, cannot be detected with a breathalyzer. And even in cases of a lab test, the simple fact that THC was present in the system doesn’t prove that the driver was impaired.

Several drugs can metabolize into THC. The specific substance that is considered detrimental to driver’s reflexes is hydroxy-THC. However, hydroxy-THC can only be found in the system for a few hours, after that it metabolizes into carboxy-THC. The carboxy-THC can be the result of the breakdown of several drugs, many of them legal. The mere fact that THC is found in the blood of a driver should not set grounds for arrest.

Precedent Case in Arizona

In the case of Montgomery v. Harris, the Arizona Supreme Court established that the presence of non-impairing metabolites like Carboxy-THC found in a person’s blood, alone, does not provide a basis for a DUI arrest. Carboxy-THC is a drug compound of Marijuana that does not cause impairment and can be found in a person’s bloodstream for 3-4 weeks after marijuana use. It should not be confused with THC or Tetrahydrocannabinol which has been shown to cause impairment. Unlike THC, the presence of Carboxy-THC in the blood stream is not necessarily indicative of immediate use or impairment.

Your DUI Attorney in Miami

Basing a DUI on the presence of an inactive or non-impairing compound without any other evidence of impairment, could lead to errant arrests and various miscarries of justice. At the Office of Law of Ramon de la Cabada, we competently advise our clients to fight for their rights. With a solid knowledge of the law, our DUI Attorney in Miami and his associates will dedicate to your case.