Last updated on April 18, 2014 at 5:21 EDT

Thomas & Paulk Gets Enhanced DUI Charges Reduced

August 8, 2012

TAMPA, Fla., Aug. 8, 2012 /PRNewswire-iReach/ — In August 2012, the Tampa, FL firm of Thomas & Paulk was successful in representing a client who had been criminally charged with driving under the influence (DUI). In the case, the defendant had been accused of providing a breath sample that registered their blood alcohol content (BAC) at 0.213 percent – which is over twice the legal limit in the state of Florida.

(Photo: http://photos.prnewswire.com/prnh/20120808/CG54253)

Simple DUI charges are defined under Florida Statutes §316.193 as the operating of a motor vehicle while either impaired or with a BAC of 0.08 percent or higher. Per this section of the law, a first time conviction will result in a maximum fine of $1,000, community service for 50 hours, imprisonment for up to six months, as well as impoundment of immobilization of vehicle for 10 days.

This, however, is for a simple first time DUI offense. In cases where the defendant is accused of having a BAC over 0.15 percent – such as in this case – the penalties will be enhanced. In Florida, enhanced penalties for DUI include up to nine months of incarceration (three months longer than simple DUI), and a fine that can range up to $2,000 (double the maximum for a simple DUI).

Despite the daunting circumstances, the legal team at Thomas & Paulk was not deterred. Instead, they took on the case and filed a motion to suppress evidence based on the fact that they believed the defendant had been subjected to an illegal traffic stop. In the state of Florida, law enforcement officers are not allowed to pull over whoever they wish – they must have probable cause. Without it, a traffic stop could be deemed unlawful and any evidence gained during it could be suppressed – attacking the foundation of a DUI case.

The argument presented by Thomas & Paulk regarding the unlawful police stop was compelling. So much in fact that on the day of the motion hearing, the state agreed to reduce the charges of enhanced DUI to simple reckless driving. While not an acquittal, the penalties are much less severe than the alternative. Defined under Florida Statutes §316.193, this crime can be penalized for up to 90 days of imprisonment and a fine ranging from $25 to $500 for a first time conviction.

Beyond this resounding success, the firm was also able to successfully represent their client in the DHSMV hearing. This allowed for the defendant to escape without ever having their driver’s license and driving privileges suspended. With successes such as this throughout their track record, the legal team at Thomas & Paulk can be trusted with complex DUI-related cases. Want to know more? Do not hesitate to visit them online or pick up the phone to call them toll-free at 800-239-3195.

Thomas & Paulk, P.A. is a criminal defense firm proudly serving the residents of Tampa, Florida. Their founding attorneys have handled over 7,000 criminal cases between the two of them and have been widely recognized for their legal ability and dedication to client satisfaction. If you have been criminally charged with a DUI-related offense, no matter whether it is a first time offense or a felony charge of vehicular homicide, you should not hesitate to get the involvement of a heavyweight from their firm. They know what’s on the line and they will do everything that they reasonably can to protect your legal rights. Want to know more about their firm or schedule your initial case consultation? Contact them today! You can either give them a call toll-free at 800-239-3195 or visit them online at www.duiattorneystampabay.com to take advantage of their online case evaluation form.

Media Contact: Jeff Paulk Thomas & Paulk, P.A., 800-239-3195, jeffp@thomasandpaulk.fdn.com

News distributed by PR Newswire iReach: https://ireach.prnewswire.com

SOURCE Thomas & Paulk, P.A.

Source: PR Newswire