Dan Pawuk wins DUI appeal in Pasco County, Florida
May 3rd, 2016
Daniel Pawuk specializes in DUI's. He loves the technical legal issues involved in DUI's. He knows more about Breathalyzers than scientists. He knows more about the administrative rules than most cops. And he loves to cross examine police officers at trial.
Recently, Mr. Pawuk handled a DUI case where he filed a Motion to Suppress the stop of the vehicle. Simply, Mr. Pawuk successfully argued that the cop was legally wrong when he pulled the car over. In this particular case, a man was driving on east on State Road 54 in New Port Richey, Florida and stopped at a stoplight. When the light turned green he squealed his tires. (it rained earlier in the evening). A cop was following him. The man continued to drive for 2 more miles, committing no traffic violations other than following the car in front of him "too closely" according to the officer. The officer said he was following "about two car lengths" behind. After following the man for 2 miles, he flashed his lights and pulled him over, giving him the field sobriety tests, and arresting him for DUI.
Luckily, the man hired Dan Pawuk who filed a Motion to Suppress arguing that the officer had no probable cause to stop the driver. He argued that one incident of squealing tires on a wet road and following two cars lengths behind another car were not traffic violations. During the motion hearing, Mr. Pawuk cross examined the officer pointing out that his client had not committed a violation of any Florida traffic laws. The officer agreed. Nor did the man affect any other traffic. The officer testified that the Florida Driver Handbook suggests one car length for every 10 miles of speed. Mr. Pawuk successfully argued that the Florida Driver Handbook was not the law. Pasco County Court Judge Debra Roberts, agreed and suppressed the stop. The State appealed. And lost. Once the stop is found to be illegal all the other evidence that followed must be thrown out.
DUI cases are often appealed by both the State and the Defense. But the defense often loses. DUI cases are tough to win. DUI appeals are even harder. They are technical, require tons of both legal knowledge and trial skill, and lets face it, the videos are usually not helpful to the defendant. There are hundreds of lawyers who will handle a DUI, many with no experience. If a lawyer says they will handle your DUI case for $1000, save your money. DUI's and the subsequent appeals costs thousands. Better yet - take Uber.