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DUI case study posted by Florida
DUI Lawyer:
A Case Study on DUI Policy: Palm Beach
County Florida
Parks & Braxton,
your resource for a Florida
DUI Lawyer has reprinted this case study on
DUI policy in Palm Beach County Florida to demonstrate
why selecting the best Florida
DUI Defense Lawyer is essential:
The Florida Department of Transportation uses
PBTs for enforcement of the commercial vehicle
operator 0.04 law. PBTs can be used in other counties
to prove probable cause. Palm Beach County has
no rules governing admissibility of PBT results.
PBTs are used by the Sheriff's Department regular
patrol officers only for the enforcement of 0.02
law for minors. Parents' concern over "criminal
records" for children led to the requirement
for a PBT. They did not want to have young persons
arrested and taken to the "BAT cave"
(the breath alcohol testing facility in the county
jail) for testing. Prosecutors did not want PBTs
administered in regular DUI cases because they
were concerned that police officers would not
conduct further investigations and would only
have PBT results that are not admissible in court.
If the PBT is used, then the evidentiary BAT cannot
be given. Evidentiary BATs cannot be used for
non-criminal testing and the 0.02 laws for minors
are treated that way. Thus, PBTs are only used
for greater than 0.02 law violations when an actual
DUI case is considered unlikely and in commercial
vehicle operator 0.04 enforcement. PBTs are used
for per se violations only when there are overlapping
criminal DUI violations.
Florida law requires a DUI arrestee be held in
jail for eight hours, or until the BAC is less
than 0.05; individuals are usually held rather
than tested.
Read more of this case study posted by a Florida
DUI Lawyer.
Contact
Parks & Braxton ,
for a Broward DUI Lawyer
, a Dade DUI Lawyer ,
an Orange County DUI Lawyer
, or a Palm Beach DUI Lawyer
.
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