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Sleep Deprivation Defense Prevails in DUI Victory
Posted by: dpakula on Sunday, June 24, 2007 - 04:03 PM
News Appearances can be deceiving. If you have been wrongly accused of driving under the influence (DUI), don't believe those who may tell you that it's not worth fighting because it will be your word against the police officer's. Our client's recent court victory proves that your reputation and dignity are worth fighting for, and you can win. The key to our victory was the "sleep deprivation" defense. For details of how we won the jury trial, please read on.

Not having slept in 22 hours, our client was overcome with fatigue, pulled over to the side of the road and fell soundly asleep. A police officer knocked on the driver side window in an attempt to awaken him, but 10 minutes passed before he woke up. Police officers testified that our client had difficulty exiting the vehicle and had the odor of alcohol on his breath. The officers described him as lethargic and argumentative, and included other details in their description of our client's appearance and behavior that are commonly associated with intoxication. Our client refused the roadside sobriety exercises and the breath test and was arrested for DUI.

During trial, we were able to successfully attack the officers' credibility by revealing inconsistencies and exaggerations in their testimony. Our client testified convincingly about his lack of sleep. He also explained his reason for refusing the field sobriety exercises and breath test -- his uncle, a police officer, had recently advised him never to perform any tests if stopped for DUI. The jury was out for 20 minutes, and found our client not guilty.

What happened to our client could happen to anyone. If you have been wrongly accused of DUI, we advise you to seek the advice of a qualified attorney. Your case is probably winnable with the proper strategy and trial preparation.
 
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Florida Traffic Ticket Defense

Florida Traffic Ticket Defense :: Attorney, Lawyer :: Defending Florida traffic tickets in Broward, Dade and Palm Beach County.

David B. Pakula, P.A.
Attorney At Law

6840 Dykes Road
Southwest Ranches, Florida 33331
(954) 217-5123
david@pakulalawfirm.com
http://floridatrafficticketdefense.com

Lawyer Serving Fort Lauderdale, Weston, Aventura, Pembroke Pines, Southwest Ranches, Davie, Cooper City, Miramar, Plantation, Hollywood, Hallandale, Aventura, Miami, Boca Raton, Delray Beach, Boynton Beach, Palm Beach, and Southeastern Florida (Broward County, Palm Beach County and Dade County) since 1987.

Mr. Pakula served as a Broward County Traffic Court Magistrate from 2002 to 2004. He is board certified by The Florida Bar in appellate practice and has handled trial and appellate litigation in state and federal courts since 1987. The law firm of David B. Pakula, P.A. is rated AV by Martindale-Hubbell. Mr. Pakula is a member of the U.S. District Courts for the Southern and Northern Districts of Florida, the U.S. Courts of Appeals for the 7th Circuit, the 11th Circuit and the D.C. Circuit, and The United States Supreme Court.

Nothing in this web site should be construed as legal advice to you and does not establish an attorney client relationship between us. You should not rely upon any information contained herein without separate independent legal research and advice. Our law firm is under no obligation to respond to correspondence, including, without limitation, email, until a written retainer agreement is executed. Nothing contained herein should be construed as an endorsement of any and all products or services contained herein or accessible herethrough.

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