Category: Blog

A DUI is a serious offense, which is why it’s important to be prepared when you’re pulled over. You want to protect yourself and your future, but that can be tough when you’re not sure what your rights are. 

Learning your rights can help you do more than avoid self-incrimination. Protecting your rights during and after any arrest is vital to your legal defense, so knowing what to expect is important. 

If you’ve been arrested for DUI in Florida, reach out to Hersem Law as soon as possible. For more information on your rights when you’ve been arrested for DUI, read on.

Probable Cause

Consider whether the police officer had a right to pull you over, investigate you, and place you under formal arrest. Police officers must have probable cause to arrest you, which means they had a valid reason to stop you and, based on your interactions, they now have well-founded  reason to suspect that you were drinking and driving. 

Some reasons for the stop of a vehicle may be swerving, speeding, or sudden lane changes without using your signal. While these mistakes can simply be driving mistakes, you could also be pulled over on suspicion of drinking. Your attorney from Hersem Law can help you determine whether the officer truly had enough to pull you over and if there was probable cause for your arrest. 

Miranda Rights

If the police choose to arrest you, it’s important to remain respectful. However, that doesn’t mean telling the police everything. In any event, you should have your Miranda rights read to you upon your arrest. These state, in part, that you do not have to speak or answer questions that would incriminate you. 

Because of this, you don’t have to answer the police officer’s questions about what you’ve been drinking, how much you drank, or anything else about your day or night. The officer who pulled you over may try to get you to talk. Typically, however, you’ll want to avoid saying anything until an attorney is present. 

Protect Your Rights with a Tampa DUI Attorney

If you’ve been pulled over for drinking and driving, you might be concerned about your legal case, but what about your rights?

At Hersem Law, we understand how easy it can be to accidentally overlook a violation of your rights, say something incriminating, or make your situation worse for yourself. That’s why we offer free strategy sessions. We can talk about your case and your rights when you’ve been arrested for drunk driving. 

When you’re ready, give us a call at 813-251-7291 or fill out the online contact form at the bottom of this page.

When you’re stopped at a red light, it can be tempting to send a quick response to that urgent text. A quick text may not seem like much, but you may have already been pulled over by a Florida police officer for using your phone behind the wheel.

However, is it legal to text at a red light in Florida? Your legal options for situations like this can be confusing, so speak to your lawyer at Hersem Law for help disputing your ticket.

Florida’s Texting while Driving Laws

Many states, including Florida, have made bans on texting while driving. Distracted driving contributes to thousands of crashes every year, and stopping distracted driving can make a difference. However, what about when your car isn’t moving?

In Florida, you are legally allowed to text while your car is stationary. So, while you were still behind the wheel when texting, you may have a chance to act on your traffic ticket. Rather than accepting the penalties, you may have a chance to avoid them.

Acting on a Texting and Driving Ticket

If you’re accused of texting while driving, but you were at a red light, you’ll need to act now to see if you can get your traffic ticket dropped. You’ll need to plead not guilty to dispute your ticket. From there, you’ll then be given a date to appear in traffic court.

When you’re in court, your attorney can help you dispute the details of your traffic ticket. You may have evidence, for example, that you were only texting at a red light. The officer may also agree that you were at a red light, and your attorney may simply need to argue that texting at a red light is an exception to the rule in Florida.

However, the exact defense for your case will depend on the details of your traffic stop. Make sure to discuss your options with your attorney before you plead guilty or not guilty for your texting ticket.

Contact Your Florida Attorney to Fight Your Ticket

When you’ve been accused of texting and driving, it might feel like you have no other options than to accept your charge and your penalties. However, you should also be asking, “Is it legal to text at a red light in Florida?” Fortunately, the answer is yes.

Even then, you’ll still need to beat your traffic ticket. A lawyer from Hersem Law can help. Our attorneys can guide you through your day in traffic court, doing whatever’s possible to see that your ticket is completely dismissed. Get started today with a free strategy session, where we’ll discuss Florida’s texting laws and what you can do about your traffic ticket.

Ready to get started? Give your traffic ticket lawyer a call at 813-251-7291 or fill out the following online form.