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Memorial Day Weekend: DUI Wolf Packs in Pinellas County

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Memorial Day weekend is a time for remembrance, gratitude, and celebration. As Memorial Day approaches, many people in Pinellas County are gearing up for a long weekend of relaxation and fun in the sun. It’s important to remember that law enforcement agencies often implement extra patrolling during holiday weekends to ensure the safety of residents and visitors alike. In this article, we will explore the presence of “wolf packs” in Pinellas County. 

Pinellas County DUI Wolf Packs

In an effort to combat DUIs and keep the roads safe, Pinellas County law enforcement agencies employ DUI Wolf Packs. During holidays and weekends when alcohol consumption is high, these wolf packs consist of specially trained officers who patrol the county with the objective of identifying and apprehending impaired drivers. Over Memorial Day Weekend 2022, the Pinellas County Sheriff’s Office county-wide DUI wolf pack reported 28 DUIs and over 150 citations.

The wolf packs are typically set up to have saturated patrols in areas of the county where drinking and driving are most common. These areas often include:

  • 4th Street in St. Petersburg leaving downtown
  • Gulf Boulevard from St. Pete Beach up to Indian Rocks Beach
  • The Memorial Causeway leaving Clearwater Beach
  • US 19 North
  • The Ulmerton Road/US19 interchange

The general strategy is to pull over as many people as possible to cast a wider net for catching impaired drivers. Common traffic stops during these wolf pack saturation patrols include speeding, expired registration, failure to maintain a single lane, inoperative head or tail lights, stopping past a stop bar, and driving while license suspended or revoked. 

Follow our Facebook page for updates regarding DUI wolf packs in Pinellas County.

Arrested for a DUI Over Memorial Day Weekend?

Call The Law Office of Timothy Sullivan, P.A.

If you or a loved one was arrested for a DUI in Pinellas County this Memorial Day weekend, don’t call just any criminal defense attorney. Contact the best DUI defense attorneys in Clearwater and St. Petersburg with a history of proven results

Request a free DUI consultation or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Can My Pinellas County DUI Get Reduced to Reckless Driving if I Blew Over the Legal Limit?

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If you were recently arrested for a DUI offense in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, you may be questioning whether it was a good idea to provide law enforcement with a breath sample.

 

In Florida, a prosecutor can attempt to prove a DUI offense in one of two ways. The first is by submitting evidence that you were driving or in actual physical control of a motor vehicle with a breath or blood result above .08. In cases where a subject has not supplied a breath or blood test, the prosecutor will seek to utilize “circumstantial evidence” to demonstrate that your normal faculties were impaired by alcohol while you were driving or in actual physical control of a motor vehicle. 

 

Thus, in cases where a subject has refused to comply with a breath test, they have deprived the prosecutor of one of two ways to prove his or her case. However, even if you provided a breath test that was above a .08, it is still possible to get your charge reduced to “Reckless Driving.”

How Can a Clearwater DUI Defense Attorney Help Get My DUI Reduced if I Blew Over the Legal Limit?

Just because you blew over the legal limit, that does not mean that you will be convicted of a DUI offense. Our top-rated Pinellas DUI defense lawyers can analyze the unique factors of your case to determine if a reduction to Reckless Driving is a reasonable possibility in your case. Here are some common ways that our highly ranked DUI defense attorneys can help secure a reduction to Reckless Driving even where our client has blown over the legal limit:

  • In some cases, our client may qualify for a diversion program that would result in a reduction to Reckless even if you provided a breath or blood result above .08;
  • In some cases, our office can use a mathematical formula called “Widmark’s Equation” to demonstrate that although our client was above the legal limit at the time the breath sample was collected, he would have been below the legal limit at the time of driving;
  • Our office regularly conducts an analysis of the records associated with the breath testing instruments used to test our client’s breath alcohol levels. If we find problems with the maintenance and calibration of the machine, we may be able to secure a reduction in the charge by demonstrating that the evidence is not scientifically reliable; 
  • We have found that some police officers will misstate the benefits of providing a breath sample or the consequences of refusing to submit to breath testing. In these cases, we can often use the “misinformation” to convince the prosecutor that a reduction to Reckless Driving is appropriate.

What are the Benefits of Getting my Pinellas DUI Reduced to Reckless Driving?

In Florida, if you are convicted of a DUI offense, even if it is a first offense, you are required to carry highly expensive FR-44 insurance for a period of three years. Getting your DUI reduced to Reckless Driving allows you to avoid this very expensive, collateral penalty associated with a DUI. However, there are some additional advantages as well. These include:

  • Avoiding the “stigma” of a DUI conviction;
  • Sidestepping the driver’s license suspension that would be imposed by the criminal court if convicted of a DUI; and
  • The financial penalties associated with Reckless Driving are less than those of a DUI.

Contact our Office for a Free Consultation Today

If you have been charged with a DUI in Pinellas County and provided a breath sample, you do not just want a lawyer that happens to handle DUIs, you want a trained DUI defense attorney. Our lawyers have specialized training in the inner workings of breath testing instruments. In fact, we own our own Intoxilyzer. If you are in need of a DUI defense attorney in Clearwater that you can trust, complete our contact request form or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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What Happens If I’m Told I Have To Use an Alcohol Monitor in Pinellas County?

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If you are required to use an alcohol monitor in Pinellas County, it most likely indicates that you have been court-ordered to do so as a condition of a pending case. It may be part of your pretrial release to ensure you are compliant with a zero alcohol condition. 

The attorneys at The Law Office of Timothy Sullivan, DUI defense attorneys in the Clearwater area, can help you fully understand the conditions of an alcohol monitor and steps that can be taken to get this condition removed from your case.

What Is Continuous Alcohol Monitoring?

A Continuous Alcohol Monitoring (CAM) device monitors someone’s alcohol intake regularly. Often a bracelet or anklet form, this device measures the alcohol content in a person’s sweat. It is programmed to measure every 30 minutes and transmits the data to a monitoring center. 

If alcohol is detected in your system, an alert will be triggered, and you could face consequences such as additional fines for violating probation or pretrial release. If the CAM monitor was ordered as a condition of pretrial release, it is not uncommon that a positive alcohol consumption event will result in the Court issuing a warrant for your arrest.

Can Wearing the CAM Help My DUI Case?

There are several reasons a judge may order the CAM:

  • Your DUI arrest resulted in a crash causing property damage 
  • You have had a prior DUI conviction 
  • You had a child passenger at the time of the DUI arrest 
  • Your BAC was over .20, or in some cases, over .15 

While it is unpleasant to wear a CAM monitor, there are some cases in which wearing the monitor will serve as mitigation when your top-rated Clearwater DUI defense lawyer later attempts to negotiate a favorable resolution in your case. In some cases, our office has utilized proven sobriety on a CAM monitor to demonstrate that the circumstances of our client’s arrest were an isolated incident that is not likely to reoccur.

The DUI attorneys at The Law Office of Timothy Sullivan can evaluate your case and determine whether a CAM can be avoided in your case, or if wearing it may be beneficial in some way.

How Can The Law Office of Timothy Sullivan help to remove a Continuous Alcohol Monitor?

The best way to avoid having to wear a CAM as a condition of pretrial release is to post bond right away. If ordered to wear one, our team at The Law Office of Timothy Sullivan is experienced in petitioning the court to get a CAM removed. 

Each case is different, and based on the circumstances of your case, our team can determine if there are any grounds to have the CAM device removed. After grounds are established, an attorney with The Law Office of Timothy Sullivan can file a motion to modify the conditions of your pre-trial release and remove the requirement. Having an experienced legal team to file and represent your case increases the likelihood of your desired outcome.

Top DUI attorneys in Clearwater at The Law Office of Timothy Sullivan can effectively negotiate with a prosecutor to protect your freedoms during an outstanding DUI case. While you may have to wear a CAM device as a condition of your pretrial release, you may not have to wear it for the entirety of the ongoing trial. 

If you are in need of a DUI defense attorney in Clearwater that you can trust, complete our contact request form or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Visiting Clearwater for Vacation or Spring Break? Don’t Let a DUI Follow You Home

Visiting Clearwater for Vacation or Spring Break? Don’t Let a DUI Follow You Home

Did you know that if you are charged with a DUI while visiting Florida, it could negatively impact your driving privileges, even when you’re back home? The existence of interstate compacts and the National Driver Registry means that any penalties you receive when visiting the state of Florida could be enforced by your home state when you return.

Fortunately, we at The Law Office of Timothy Sullivan have more than 30 years of experience representing clients charged with DUI in Pinellas County. Because Pinellas County is a tourist destination, we have represented hundreds of individuals from other states, and even other countries, who were charged with a DUI while visiting St. Petersburg or Clearwater on vacation or spring break.

Here are three things you should know if charged with a DUI when visiting Clearwater:

1. Interstate Compacts for Traffic Violations Share Details Regarding DUI Charges With Your Home State 

Interstate compacts are defined as, “a contractual arrangement made between two or more states in which the assigned parties agree on a specific policy issue and either adopt a set of standards or cooperate on a particular regional or national matter.” Florida is a part of two different interstate compacts for traffic violations: the Driver License Compact (DLC) and the Non-Resident Violators Compact (NRVC).

If your home state is also a part of one of these interstate compacts, the details regarding your arrest and any DUI charges brought against you may be provided to governing authorities, and any penalties (such as driver’s license suspension) resulting from the traffic violation and charges may be enforced. Think your home state might be one of the lucky states excluded from this arrangement? Think again! You likely live in one of these states–only two states (Michigan and Wisconsin) are not a part of one of these interstate compacts.

2. We are Local Attorneys Who Can Minimize, if not Eliminate your Need to Appear in Court

One of the concerns that many clients who are charged with a DUI on vacation or Spring Break have is the need to return to Clearwater to appear in Court. In most DUI cases, our office can handle the entire DUI case from start to finish without our client ever having to return to Florida. The Florida Rules of Criminal Procedure allow an individual charged with a DUI to waive his or her appearance in court if he or she is represented by an attorney. Our office can prepare this waiver on your behalf and file it with the Clerk of Court.

3. Work With The Best DUI Lawyers in Clearwater and Leave Your Worries Behind

A DUI arrest in Pinellas County results in an immediate license suspension. You may also lose your license if you refuse to take a breath test for a suspected DUI. Drivers under the age of 21 who have any alcohol in their system may also face underage DUI charges.

Don’t let your week of fun in the sun turn into a license suspension or DUI charge that follows you home. Contact the attorneys at The Law Office of Timothy Sullivan. We have decades of experience defending DUI charges in Pinellas County, including Clearwater, and we will utilize that experience to achieve the best possible outcome in your case.

If you are looking for the best DUI lawyers in Clearwater, contact The Law Office of Timothy Sullivan today. Complete our contact request form or give us a call at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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How To Get Your License Back After a Cinco de Mayo DUI

How To Get Your License Back After a Cinco de Mayo DUI

The Pinellas County Sheriff’s Office has formally announced that it will be conducting increased saturation patrols on Cinco de Mayo looking for impaired drivers. Getting pulled over for a DUI during Cinco de Mayo celebrations can be a nerve-wracking experience, especially if it leads to a suspension of your driver’s license. In Pinellas County, a first-time offense can result in a driver’s license suspension of up to one year. 

Losing your driving privileges can significantly disrupt your daily routine and cause a lot of anxiety. Therefore, it is crucial to act quickly to challenge your license suspension and get back on the road as soon as possible.

Timeliness is Key

If you’re facing a DUI charge, the first thing you should do is seek the help of a DUI defense attorney in Clearwater, FL with The Law Office of Timothy Sullivan. In our decades of practicing DUI defense, we have helped thousands of clients successfully get their licenses back after a DUI. 

Time is of the essence, as you only have ten calendar days from the time of your arrest to apply for a hardship license or request a hearing to challenge your license suspension. Therefore, it’s essential to act fast and contact a top DUI attorney in Clearwater at our firm immediately after the fact to help you navigate the process.

File Documents to Seek a Temporary Driving Permit and Request a Formal Administrative Review Hearing

One option to get back on the road while waiting for your formal review hearing is to file for a temporary driving permit. This permit allows you to drive to work, school, medical appointments, and other essential activities while your case is being reviewed.

Skilled DUI attorneys in Clearwater at The Law Office of Timothy Sullivan can ensure that your temporary driving permit application is filed correctly and swiftly. If your application is approved, you can use the permit for 42 days while you wait for your formal review hearing.

Our DUI Defense Team has conducted over 1,000 Formal Administrative Review hearings with the DHSMV. This experience allows our top-rated DUI attorneys to know what issues to look for during the DHSMV hearing process.

Apply For A Hardship License

If this case represents your first ever DUI arrest and you had a valid driver’s license at the time of your arrest, our DUI defense lawyers may be able to help you secure a hardship license right away. By going this route in lieu of the formal administrative review hearing, you can avoid the risks of “no driving periods” and have an uninterrupted privilege to drive for the entire period of the suspension. During your initial consultation with our office, we may confirm your eligibility for this option and provide you with step by step instructions to protect your rights.

HIRE AN EXPERIENCED CLEARWATER DUI DEFENSE LAW FIRM

The most important step you can take to getting your license back after a Cinco de Mayo DUI, however, is contacting the Clearwater DUI defense attorneys at The Law Office of Timothy Sullivan. With extensive experience in defending DUIs in Pinellas County specifically, we are able to evaluate your individual case, spot any potential issues or hurdles, and recommend the best course of action that will get you back on the road as soon as possible.

If you have had your license suspended following a Cinco de Mayo DUI, contact Clearwater DUI defense attorneys at The Law Office of Timothy Sullivan today. Complete our contact request form or give us a call today at 727-855-3847 for a free case evaluation.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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I Blew Over the Legal Limit When Stopped for a DUI. Is It Even Worth Calling a Lawyer?

I Blew Over the Legal Limit When Stopped for a DUI. Is It Even Worth Calling a Lawyer?

You may feel hopeless if you were stopped for a DUI and blew a 0.08 BAC or above. It is completely normal to not know what to do next, and the uncertainty can cause anxiety during an already stressful time navigating a DUI charge.

In reality, there are a few things The Law Office of Timothy Sullivan can do to ensure your rights are protected, including examining how the officer administered the intoxilyzer breath test, analyzing the results of the test, and seeking a reduction in the charge from a DUI to Reckless Driving.

A strong Clearwater DUI defense attorney team like The Law Office of Timothy Sullivan can help to reduce the consequences for you, making it worth your while to contact a lawyer, even if you did blow over the legal limit on the breathalyzer. Keep reading to learn how one of our team’s top DUI attorneys in Clearwater can help your case.

Examination of How The Intoxilyzer Breath Test Was Administered

Our team at Law Office of Timothy Sullivan are among a select few DUI attorneys in Clearwater who are certified to operate an Intoxilyzer. This places their top DUI attorneys in a strong position to scrutinize your results and ensure the Intoxilyzer test was administered in the correct way during your DUI stop. 

The results of our examination can change the outlook of your case entirely. If the test was improperly administered, there is no way to guarantee the validity of the test; and without test validity, there is no way that the prosecutor can prove beyond reasonable doubt that you were over the legal limit.

Analysis of The Intoxilyzer Breath Test Results

Ensuring the test was administered properly is only half of the job. Though the Intoxilyzer is a machine, it is not perfect, and at times can glitch or be otherwise unreliable. A failure of the machine to calibrate, external interference, or an internal glitch could all cast doubt on the validity of the test results in your case. 

The attorneys at The Law Office of Timothy Sullivan are certified to analyze the results of the breath test, in addition to how the officer administered the test. If we are able to raise questions about the reliability or admissibility of the results, it puts us in a strong position to argue for reduced charges (ex: DUI to Reckless Driving) or perhaps even a full dismissal of your case.

Working With A Lawyer Can Help Secure a Reduction to Reckless Driving

With each of our clients, our primary goal is to achieve the best possible outcome in their case, and many times that means working to reduce the charges they are facing, if not achieving a full dismissal of charges. Because our top DUI defense attorneys at The Law Office of Timothy Sullivan specialize in DUI defense and since we have so many years of experience practicing in Pinellas County, we know that many DUI cases brought by prosecutors are predicated on Intoxilyzer test results. For more information on how we have accomplished this for previous clients, take a look at the results page.

Don’t Give Up – Contact DUI Defense Attorneys in Clearwater with The Law Office of Timothy Sullivan

Blowing over the legal limit does not mean all hope is lost. Contacting a lawyer immediately when you blow over the legal limit can significantly help your case and ensure you are receiving due process. 

From ensuring Intoxilyzer breath tests were administered appropriately to a potential charge reduction, the attorneys at The Law Office of Timothy Sullivan can help you obtain the best possible outcome in your case, despite what breathalyzer results might have shown. 

If you are in need of a DUI defense attorney in Clearwater that you can trust, complete our contact request form or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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How Can I Get My Car Back After A DUI Arrest in Pinellas County?

How Can I Get My Car Back After A DUI Arrest in Pinellas County?

 

Being charged with a DUI in Clearwater brings many serious consequences, including driver’s license suspension, fines, and possible jail time. Top DUI lawyers in Clearwater, FL with The Law Office of Timothy Sullivan know how important it is to our clients to restore a level of normalcy to your life after a DUI arrest. Getting your car back will be high on the list of priorities. 

Below, we outline three possible scenarios of what could happen to your vehicle following a DUI arrest. Acting quickly is key to getting your car back as soon as possible and beginning the process of returning to normal day-to-day life. Contacting a DUI defense attorney at The Law Office of Timothy Sullivan would also be in your best interest, as we are experts in how to navigate the days and weeks following a DUI arrest.

Have a Trusted Friend or Relative Drive Your Car Home

The option of a friend or relative picking up your car and driving it home for you is the most ideal scenario, but it is completely dependent on the arresting officer. This is a courtesy and is not guaranteed; however, the officer may agree to allow it if your friend or family member can get to your vehicle within about 20 minutes. 

Where the car is taken is up to the person who picks it up. If it is not taken back to your residence (or whatever location you prefer for it to stay), in most cases, you will have 10 days to drive under a temporary permit; within that period, you will be able to pick up and drive your car to your preferred location.

You May Be Able To Pick Your Car Up At A Later Time

If you do not have anyone to come and pick your car up, but it is in a secure lot or parking area, you may be able to leave it there and pick it up at a later time. This scenario is typically only allowed if there is confirmation you or someone you trust can pick up the car the following day. 

Before leaving the scene, your car will be locked, and your keys will be put with your personal items for retrieval following your release. The exact location of your car will be provided on the documents you receive after your arrest. 

If you are not in a secure location when arrested for DUI and no one is able to pick your car up in a timely manner, the third scenario will likely be how you will have to retrieve your vehicle.

Your Car May Be Towed and Left Waiting For You

The most common scenario following a DUI arrest, your car can be towed from the scene and impounded until you can pick it up following your release. While this is the most common case, it can be the most difficult one to navigate. This scenario is another where time is of the essence; for every day that your car is impounded, you will be charged storage fees, in addition to the towing charge. 

Step one to reclaiming your car will be identifying who towed it and where they took it. Pinellas County law enforcement utilizes several towing companies and any one of them could have been who towed your car. You will need to contact the arresting agency, and they will be able to tell you what company was responsible for towing your car; then, you can contact the company to get information on where it was towed for storage. 

Step two is to gather all of the necessary documentation to prove that you are the rightful owner of the car. This typically includes an “Impound Release” form from the police agency, your ID, your insurance information, and proof of ownership (i.e. a bill of sale, title, vehicle registration, or lease agreement). Some of these documents may be stored in your car; if this is the case, you can return to the arresting agency, which will be able to provide needed information from the Driver and Vehicle Information Database (DAVID). Or, they may tell you to proceed to the impound lot and secure the documents from your car once you arrive.

You will also want to be sure that you are prepared with payment for any towing, impound, or storage fees (as well as possible fines) in order to reclaim your vehicle. If your arrest was in the City of St. Petersburg, you may face an additional $500.00 fine as part of a local ordinance violation in order to secure the release of your vehicle.

Work With Top DUI Attorneys in Clearwater, FL

After retrieving your car, you will want to immediately contact The Law Office of Timothy Sullivan. Working with a top DUI attorney in Clearwater ensures that the process following an arrest for DUI goes smoothly and with the best outcome for you. 

Once your car has been retrieved, we can help you determine if you are eligible for a hardship license. Contact us today and let our attorneys start the process of defending you and your freedoms. 

If you are in need of a top DUI lawyer in Clearwater that you can trust, complete our contact request form or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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What Makes the The Law Office of Timothy Sullivan Team Different?

What Makes the The Law Office of Timothy Sullivan Team Different?

Choosing a law firm to represent you when you have been charged with a DUI is the most important decision you will make when it comes to procuring the best possible outcome from that difficult situation. On occasion, individuals with no prior criminal history or intent can find themselves in this unfortunate situation, and if you do, you need the best team on your side.

Top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan have been representing clients on DUI matters in Pinellas County since the 1980s. But, our more than three-decade history is not the only reason why we are the premier choice. 

Read on to learn more about what makes our team stand out among the competition, and see how we can help you win your case.

Holistic, Team Approach to Case Work

When an individual has been charged with a DUI or another similar crime, they want to know that they have the best possible defense in their case. At The Law Office of Timothy Sullivan, we work as a team on every case, meaning no attorney works in isolation. 

Each of our attorneys has a different area of focus, with diverse backgrounds and unique experiences. This allows us to provide the most creative and effective strategies for each of our  clients, which many other firms just simply cannot offer. 

We also prioritize showing up in court ourselves, meaning we never use coverage attorneys. When our client’s life and wellbeing is on the line, they can count on us to show up for them every time. The Pinellas County Courthouse is essentially our second home, as each of our attorneys is in court nearly every day, serving our clients’ best interest.

When you hire Attorney Tim Sullivan or any of the attorneys with The Law Office of Timothy Sullivan in Clearwater, you can have the confidence that our holistic team approach yields the best results and allows for multiple professional perspectives on every issue.

Experience and Relationships with Current Judges and Prosecutors

Another defining feature of our firm is our attorneys’ extensive experience as prosecutors. Having served first as prosecutors for years, each of our attorneys has relationships with both the prosecutors and judges in Pinellas County. In addition, we limit our practice to only Pinellas County, so we work with the same judges and prosecutors day in and day out. 

Many of the individuals who were our attorneys’ contemporaries as prosecutors are now leaders in the Pinellas County court system. In fact, of the current judges in the 6th Judicial Circuit, 13 of them are former coworkers of members of our team. Being familiar with our judicial circuit helps us to respond uniquely to each prosecutor or judge in each case, predict next moves and outcomes accurately, and ultimately, represent our clients in a more efficient and effective manner.

Results to Prove our Case

At The Law Office of Timothy Sullivan, our top DUI lawyers in Clearwater demonstrate their commitment to our clients and passion for justice through their results. Our attorneys are continuously recognized for their outstanding work by other attorneys and judges in Pinellas County, and are highly specialized and experienced in the area of DUI defense.

Work With Top DUI Lawyers in Clearwater

At The Law Office of Timothy Sullivan, we pride ourselves on helping individuals navigate a legal system that is otherwise foreign to them, and are passionate about fighting for justice. In the United States, you have the right to defend yourself if you are accused of a crime; a right that we proudly stand by and have always believed in.

If you are in need of a law firm who you can trust, complete our contact request form or give us a call today at 727-855-3847.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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DUI Crackdowns for the Super Bowl: What Are Your Rights?

DUI Crackdowns for the Super Bowl: What Are Your Rights?

Oftentimes as a result of holidays, celebrations, or events, local law enforcement will increase patrolling and crack down on drivers that appear to be impaired. One time during which this is a common occurrence is the night of the Super Bowl.

If you are pulled over after a Super Bowl party because an officer believes you are driving under the influence, there are a variety of tests to which they can ask you to submit; but with each of those tests, you have the right to agree or refuse. Each choice comes with its own set of pros and cons. 

In this article, top DUI lawyers in Clearwater with The Law Office of Timothy Sullivan lay out all of your rights and choices throughout a DUI investigation, and how those choices can help your case if you end up being charged with a DUI.

You Have the Right to Refuse Field Sobriety Tests

If you are stopped for DUI, the law enforcement officer may ask you to perform Field Sobriety Tests (FSTs), such as “Finger to Nose,” “Walk and Turn,” “One-Leg Stand,” etc. If you believe that performing these tests would be detrimental to your case, you have the right to refuse to submit to those tests. In this case, the officer must decide if he has enough other evidence to make a DUI arrest, or to drop the investigation and allow you to continue on your way.

If you do choose to submit to FSTs, they are often recorded by dash-mounted video cameras in the officer’s patrol car. If you end up being arrested for DUI, our attorneys can examine the video footage of your performance and potentially challenge the officer’s interpretation of the results. Many clients express concern with how they will look on the video, but we have found in many cases that our client’s appearance on video is much better than they thought, and more importantly, much better than the officer described. If you do refuse the roadside sobriety tests, it is likely that you will be arrested, but you will deprive law enforcement of potentially damaging evidence of you performing poorly on the tests or otherwise demonstrating poor balance and dexterity.

You Have the Right to Refuse the Breath Test

Law enforcement officers can also ask you to submit to a breath test, in which a machine called an Intoxilyzer is used to detect the level of alcohol vapor in your breath, which can be used to determine your blood alcohol level. Again, there are pros and cons when deciding whether to refuse this test.

A breath test reading that is under the legal limit, on the one hand, provides compelling evidence to support a reduction of charges or even a motion to dismiss the DUI charge if you are arrested. However, if you are concerned that the breath test may result in a reading that is at or greater than 0.08, you may prefer to refuse the test altogether. In our experience, a greater number of “refusal” cases tend to get reduced than cases built upon Intoxiliyzer results. If you refuse a breath test, you will suffer an administrative suspension of 12 to 18 months. If it is the second time you have refused a breath test, you might also face a separate criminal charge of “refusal to submit to testing.” If you take the breath test and your breath alcohol level is above .15, you would suffer enhanced sanctions and no longer be eligible for the DROP diversion program if it is your first offense.

You Have the Right to Refuse a Urine Test

If you are arrested for DUI, when you arrive at the station, the officer may ask that you provide a urine sample to use for a urinalysis, which detects whether you have consumed any controlled substances. The problem with this test is that it isn’t able to determine when controlled substances were consumed. So, for example, if you took a prescribed anti-anxiety medication in the morning, and then were arrested that night or the next day, the medicine would appear on a urinalysis, and it may appear that that substance was impairing your driving, despite your appropriate use.

Refusal to submit to the urine test does come with drawbacks – the officer will have to file a citation against you that results in a one year license suspension. However, if this is your first and only DUI arrest in your lifetime, you would be immediately eligible to apply for a hardship license for the entire one year driver’s license suspension. What’s more, the lack of urinalysis results could strengthen your case and help a top DUI attorney in Clearwater with our team secure a reduction in charges, a Not Guilty verdict, or an outright dismissal of your case.

You Have the Right to Request a Blood Test

Under Florida law, if you submit to the breath and urine tests requested by law enforcement, you are entitled to have an independent blood draw conducted to determine the presence of chemical or controlled substances in your blood. Although a urine test cannot tell us when a substance was consumed, a blood test is much more accurate for determining how recently a substance had been consumed. Thus, if you are arrested for DUI, but concerned about the joint that you smoked at a party a few weeks ago, it may be wise to advise the officer, “Yes, I will submit to the urine test, but I would also like your assistance in obtaining an independent blood test.” 

Obtaining an independent blood test that yields results that demonstrate that you did not have any chemical or controlled substances in your bloodstream at the time of your arrest can often be iron-clad affirmative evidence that you were not DUI.

You Have the Right to Retain a Top DUI Lawyer in Clearwater

If you are arrested for DUI in Pinellas County, retaining a lawyer who specializes in DUI defense is in your best interest. The attorneys at The Law Office of Timothy Sullivan not only have many years of experience in DUI defense, but hold unique certifications and participate in continuing education that makes us uniquely qualified to examine any tests you submitted to and compile the best possible defense for your case. 

Call the top DUI lawyers in Clearwater at The Law Office of Timothy Sullivan today for your free case evaluation. We are available at any time by phone (727) 855-3847; or, complete our online contact request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

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Our Biggest DUI “Wins” of 2022 | The Law Office of Timothy Sullivan, P.A.

Our Biggest DUI “Wins” of 2022 | The Law Office of Timothy Sullivan, P.A.

As 2022 winds down to an end, our office looks back fondly on the hard work that produced excellent results for our clients. What we know is that there are no shortcuts to success. Each client that hires our firm is provided individual attention and a strategy is designed based upon the unique facts and circumstances that the client is facing. While we are proud of the work that we accomplished on each and every case, there are five that stand out as our greatest success stories from this calendar year.

State of Florida v. D.M. – NOT GUILTY VERDICT

Our client was a CDL driver’s license holder. While visiting Florida, he was stopped for a traffic violation and arrested for Driving Under the Influence. He declined to submit to field sobriety exercises and breath testing. A conviction for DUI would have been a career killer. After weighing his options, our client elected to have his case resolved with a trial. Mr. Sullivan defended the client against the allegations and raised reasonable doubts as to his guilt. Ultimately, a verdict of Not Guilty was rendered and our client was able to maintain his employment.

State of Florida v. A.G. – NOT GUILTY VERDICT

Our client was gainfully employed in the medical field. As a young man, the client had been convicted of a DUI manslaughter offense and served time in state prison. While driving home from work one day, he was arrested for a misdemeanor DUI offense under the theory that he was impaired by his prescription medications. Mr. Sullivan used his Drug Recognition Expert training to poke holes in the state’s theory of impairment and our client was ultimately found Not Guilty of DUI.

State of Florida v. R.W. – 4TH OFFENSE FELONY DUI REDUCED TO RECKLESS DRIVING

Our client was charged with a fourth offense DUI and was facing a lifetime loss of his license. The client hired Mr. Sullivan to defend his case shortly after the arrest. Mr. Sullivan’s early intervention in the case resulted in the administrative license suspension being invalidated and our client was able to fully reinstate his license. In the criminal case, Mr. Sullivan reviewed all discovery and evidence which revealed several factual and legal defenses. These issues were brought to the attention of the State Attorney who ultimately agreed to amend the Felony DUI to a misdemeanor reckless driving. Our client was able to resolve the case with no DUI conviction, no loss of license and no jail time.

State of Florida v. J.M. – 2ND OFFENSE DUI WITH BAC OF .11 REDUCED TO RECKLESS DRIVING

Our office was contacted by a client in the middle of March. He had been charged with a DUI and hired another firm to represent him. The law firm was based out of Miami but advertised heavily on the internet for Pinellas County cases. After 8 months, he had never met his lawyers and they told him he should plea to a DUI, go to jail for 10 days, and accept a 5-year license revocation. After changing lawyers, Mr. Sullivan obtained all of the video, discovery, and intoxilyzer evidence associated with the case. He found a significant legal issue with the case that had been overlooked by the out-of-town Miami lawyers. Mr. Sullivan was able to leverage this legal issue in a way that the State Attorney agreed to reduce the second offense DUI to Reckless Driving. This outcome allowed our client to avoid jail time and the five-year loss of license.

Hire a Team of Highly Rated DUI Defense Attorneys in Pinellas County with The Law Office of Timothy Sullivan

While each case presented its own unique challenge, the common denominator is that there is no shortcut to success. When you hire the best DUI attorneys in Clearwater, our highly rated DWI defense attorneys will investigate all aspects of your case to ensure that we secure the most favorable outcome in your case.

Should you or a loved one be charged with a DUI in St. Petersburg, Clearwater, or the surrounding areas of Pinellas County, give our office a call at 727.578.0303 to schedule a free consultation to discuss the matter and learn what our team may be able to do to help you.

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24 Hours a Day, 7 Days a Week