LAW OFFICE
OF
EDWARD J. CHANDLER, P.A.
A professional Association
OF
EDWARD J. CHANDLER, P.A.
A professional Association
Attorney & Counselor at Law
The Intent to Drive is not an element of DUI Charge
Intent to operate a motor vehicle is not an element of the charge of DUI:
Florida DUI law reads, in pertinent part, as follows:
Fla. Stat. 316.193, Driving Under the Influence:
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person's normal faculties are impaired;
(b) The person has a blood- alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or
(c) The person has a breath alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Although Florida law guarantees a defendant the right to argue his theory of defense, a defendant may do so only so long as the "theory is valid under Florida law." Peterson v. State, 24 So. 3d 686, 690 (Fla. 2d DCA 2009).
Intent to operate a motor vehicle is not an element of the charge of DUI, nor is lack of intent to operate a motor vehicle a legally cognizable defense to DUI. See § 316.193, Fla. Stat. (2010).
Evidence sought to admit (that he had called for a ride and was waiting, in his car with the radio on, for that ride at the time of his arrest) is irrelevant to whether or not petitioner committed DUI – specifically, the “actual physical control” requirement. See § 90.401, Fla. Stat. (2010) (defining relevant evidence as “evidence that has a legitimate tendency to prove or disprove a given proposition that is material as shown by the pleadings”). Evidence of Petitioner’s alleged lack of intent to drive would not operate to prove or disprove whether the petitioner was in “actual physical control” of his vehicle. In fact, such irrelevant speculation regarding the Petitioner's subjective intentions would only serve to do one of three things: (1) confuse the jury; (2) lead the jury to believe that “intent” is an element of the crime of DUI; and/or (3) create sympathy for the petitioner, possibly resulting in a jury pardon.
AGGRESSIVE EXPERIENCED CRIMINAL DEFENSE
Edward J. Chandler, Esq. is a dedicated legal professional well-versed in criminal law since 1991 in the State of Florida and Federal court. He brings his legal experience to the table to fight for you. This gives the Law Office of Edward J. Chandler, P.A. an edge when dealing with complex legal matters.
Whether you are looking at 6 months in the county jail or life in prison, you need an experienced trial attorney on your side.
Don't waste your money on an attorney without
the experience or the courage required to help you get the results you need and deserve for your case. Ask the other guys about how much experience they really have, then give attorney Edward J. Chandler a call at 954-788-1355. Edward J. Chandler, Esq. has 20 years experience as a trial attorney and will tell you the truth about what he can (or can not) do to help you.
His goal is to represent his clients, as he would want to be represented, always putting their interests first and diligently working to fully understand and serve their needs. In short, to do whatever it takes for the successful resolution of their cases.
In criminal cases my fees are based on the seriousness of the charges (felony or misdemeanor, prior offenses, etc), where the case stands, and the amount of work and court dates we anticipate. For experience and sound legal counsel, call the professionals at The Law Office of Edward J. Chandler, P.A. today!
Edward J. Chandler, Esq. has been practicing criminal law in Florida since 1991.
No single element is more crucial in creating a successful relationship between a client and a law firm than the quality of the service performed by the professionals involved. "Quality," of course, is expressed by key characteristics such as knowledge, skill, experience and dedication. In that sense, it is an intangible. An expression of quality is strategic problem solving which takes the form of expert legal counsel and, when necessary, aggressive court action.
The Law Office of Edward J. Chandler, P.A. offers free initial consultations.
He represents those under investigation or arrested for Federal and State crimes and will take your case to trial if necessary.He will file necessary pre-trial motions such as a motion to suppress a search, evidence or statements made in violation of your constitutional rights, and can file a motion to dismiss the charges.
FEES:
- In criminal cases my fees are based on the seriousness of the charges (felony or misdemeanor, prior offenses, etc), where the case stands, and the amount of work and court dates we anticipate.I usually charge flat fees, so you won't have any surprises.
- I will take credit cards if that makes it easier for you.
- If you have special circumstances or needs, a payment plan is possible.
- I work in courts in Broward County, Dade County and Palm Beach County. Fort Lauderdale, Miami and West Palm Beach.
By the time you realize that you are the target of federal criminal investigation, the government has already built a strong case against you. The Feds and its criminal investigative agencies, DEA, FBI, Homeland Security, and the Treasury Department, have almost unlimited material and human resources to prosecute their cases. Federal prosecutors obtain conviction in more than 95 percent of federal criminal trials!
The U.S. sentencing guidelines, although not mandatory anymore since Booker, are still used in the sentencing process and the guidelines are harsh. The federal criminal justice system does not usually provide for parole. In most cases, convicted individuals will serve most of their sentences except the last six months in a half way house.. All these issues make defending against federal charges more complex.
I can help and as your attorney who may impact the government’s case by various strategic and legal procedural methods to gain an advantage possibly in a motion for suppression of evidence, and possibly a case dismissal, reduction of charges, or a favorable plea bargain.
I am prepared to take it all the way to trial if necessary.
Your chances of a successful outcome of your case depends on how soon I get involved as your lawyer. You should be represented as soon as you discover that you are under investigation, or as soon as possible after your arrest. If you are a target of grand jury inquiries or federal investigation, I can help. I can handle all federal criminal charges including:
* Federal Drug Crimes
* Firearms Crimes
* Bank Fraud Crimes
* Wire Fraud Crimes
* Accounting Fraud Crimes
* Bankruptcy Fraud
* Embezzlement
* Forgery
* Tax Evasion Crimes
* Insurance Fraud
* Money Laundering Crimes
* Mortgage Fraud Crimes
* Identity Theft Crimes
* Health Care Fraud Crimes
* Mail Fraud Crimes
* False Statements
* Perjury Crimes
* Computer Crimes
* International Extradition
* Federal Sex Crimes, including pornography charges
* Federal Import-Export Crimes
* RICO Crimes
- Florida Federal and State Criminal Law Practice
- Drug Charges
- DWI & DUI
- Sex crimes
- Felonies
- Seal or Expunge Record
- Federal Criminal Defense
- 2255 Motions
- DWI & DUI
- Burglary
- Robbery
- Domestic Violence
- Child pornography
- Possession of Cocaine
- Oxycodone Trafficking
- Selling or manufacturing
- Wire Fraud
- Crimes of Violence
- Theft
- Criminal Mischief
- Forgery
- Identity Theft
- Vehicular Assault
- Homicide/Manslaughter
- Criminal Mischief
- Arson
- Kidnapping
-
- Traffic violations
- Suspended License
- No Valid DL
- Domestic Violence and Battery
- Shoplifting
- Harassment
- Fighting/Disorderly Conduct
- Cruelty to Animals
- Possession of Marijuana/Paraphernalia.
- Weapons charges
- Child Pornography
Edward Chandler is dedicated to helping people who are facing criminal authorities in arrests, allegations, investigations, trials, or appeals. He is a criminal defense lawyer who wants what is best for each client, and works hard to find a resolution that will most likely help his client to erase the past and begin a new future. Time and again, he has gained dismissals, acquittals and reductions for his clients.
Before deciding on the right criminal defense lawyer for your case, you should talk with the attorney and get a feel for how you will work together. There's no bond like that between a criminal defense lawyer and his client, and deciding who to hire as your criminal defense attorney may be the most important decision of your life.
LAW OFFICE
OF
EDWARD J. CHANDLER, P.A.
A professional Association
OF
EDWARD J. CHANDLER, P.A.
A professional Association
Attorney & Counselor at Law
Tel: (954) 788-1355Fax (954) 788-1357
