When DUI clients refuse the breath test, prosecutors like to argue to the jury that the refusal is “consciousness of guilt”. The argument can be persuasive. In a recent ruling, a County Court Judge granted our motion to suppress the client’s refusal due to law enforcement violating our client’s Fifth Amendment right to remain silent during the breath testing procedure at the jail. Even when a criminal case looks bad at the outset, Harris Guidi may be able to find the “diamonds in the rough” that will help the client obtain a favorable resolution to the case. Call us for a review of your case.
Posts Tagged ‘motion’
What family judge “considers” for 4 year old visitation is inappropriate standard
Paola ParraWednesday, June 16th, 2010
I recently had a case in Jacksonville where a Father filed a motion for clarification of final judgment which provides for summer visitation once child turns 5 but also lists a year (2009) which is 2 years prior to the child turning 5. The Judge entered order,without a hearing, stating that he “considers a 4 year old of sufficient age to have summer visitation [with nonresidential parent - father].” As the mother’s attorney, we filed a motion for rehearing and to set aside said order because if there is an ambiguity in the final judgment, then an evidentiary hearing is required. A hearing was held and the Judge ruled in our favor the Judge’s order was set aside.