Tampa DUI with a Minor in the Vehicle Lawyer

Tampa DUI with a Minor in the Vehicle Attorney

Facing a DUI charge is a significant matter, especially when a minor is also present in the vehicle. This makes the stakes even higher in the event of a conviction, as extra penalties could be added to account for the risk you posed to the minor involved. To help combat a serious charge such as this, a Tampa DUI with a minor in the vehicle lawyer can help build a strong defense and protect your rights.

At Jeff Marshall Law, we maintain a strong professional commitment to our clients who have been accused of driving under the influence with a child on board. We don’t prejudge anyone who enters our doors looking for help. We get to work on your behalf by investigating the details of your case and determining what evidence can help achieve the outcome you are looking for in your case.

Common Defense Strategies in DUI Cases Involving Minors

The key to successfully defending against a DUI charge involving a minor passenger is thoroughly examining every possible angle of the case with a defense attorney. Between their representation and the collection of evidence they craft into a solid defense strategy, you can be better positioned to challenge the prosecution’s claims. Some of the most common defense strategies used in these cases include:

Challenging the Accuracy of Field Sobriety Tests

A common strategy to support a DUI defense is questioning the accuracy of the field sobriety tests. These tests are intended to be a subjective measure of someone’s sobriety, but they can be riddled with issues. For example, if someone was suffering from an active medical issue during the test, it could manipulate the results to suggest that they were under the influence of drugs or alcohol. If this can be proven, the results could be dismissed.

Questioning the Legitimacy of the Traffic Stop

In order for a DUI charge to be legitimately brought to court, the initial traffic stop needs to be lawful. It is illegal for any cop to pull someone over without having a legitimate reason for doing so. In these instances, a defense lawyer can review dashcam footage and police reports to determine if there was a valid reason for the traffic stop. If there is any ambiguity in the officer’s decision-making, this can be brought up in court for consideration.

Highlighting Procedural Errors During the Arrest

It’s important for all procedures to be properly followed during a DUI arrest to ensure the defendant’s rights are not violated. For instance, if an officer neglects to read a defendant their Miranda rights, a defense lawyer could challenge this omission and possibly dismiss any evidence collected during this exchange. If enough of these procedural errors exist, it could be enough for the charges to be reduced or dismissed entirely.

Providing Character Witnesses

When a DUI case involves a minor, it can be beneficial for the defense to introduce character witnesses that can attest to the defendant’s level of responsibility. For example, family and friends can provide examples of the defendant engaging in child safety measures to try to counteract this one instance in question.

While this alone is typically not enough to make a significant difference in a case, it can be useful evidence to supplement other items that also point in your favor.

Providing Alternative Explanations for Their Behavior

In cases where someone was driving erratically, the defense could attempt to present evidence that explains a reason for their actions other than intoxication. For example, if the minor in the vehicle was experiencing a health emergency and the driver felt they needed to rush to receive medical care, this could be a plausible explanation that works in court. A defense lawyer can help determine the merits of your explanation before bringing it to court.

FAQs

Q: What Happens if You Are Charged With a DUI With a Child in the Car in Florida?

A: If you are charged with a DUI with a minor in the vehicle with you in Tampa, Florida, there may be an even greater amount of legal issues to deal with than a standard DUI. This is because having a minor in the car with you is considered an aggravating factor that leads to more penalties. This can include higher fines, longer jail sentences, and even facing additional charges like child endangerment.

Q: How Likely Is Jail Time for a First-Time DUI With a Minor in Florida?

A: While it is possible for first-time DUI offenders in Florida to be sentenced to jail, they also have a high chance of avoiding it; however, the aggravating factor of having a child in the vehicle could complicate things. Receiving a DUI with a child present could add additional penalties, and even first-time offenders could be given jail time. Although, they may be given a lighter sentence than other offenders if the child is unharmed and at the discretion of the judge.

Q: Is a DUI With a Child in the Car a Felony in Florida?

A: It is possible for a DUI charge where a child was in the car to be a felony in Florida. This is especially true if there were other aggravating factors present or if the individual charged is a repeat offender. If the child was physically or mentally harmed, this also increases the chances that the charge is escalated from a misdemeanor to a felony. Felonies carry harsher penalties, such as larger fines, extended license suspensions, and longer prison sentences.

Q: Can DUI Charges Involving Minors Be Reduced or Dismissed in Florida?

A: It is possible for DUI charges involving minors to be reduced or dismissed, but these cases are often more difficult to negotiate down because they involve enhanced penalties and scrutiny. Whether a DUI charge involving a minor gets reduced can depend on key factors, such as the severity of the charges, evidence, first-time vs. repeat offenses, and the effectiveness of legal representation.

Contact Jeff Marshall Law Today

If you have been charged with driving under the influence while having an underage passenger in the vehicle, there are many different penalties you could face. To help combat a conviction, you need to hire a quality legal defense team for protection. Contact us today to learn more about how we can defend you against the charges you face. We look forward to learning more about your case and sharing how we can help.