The Safir Lawyer Blog

Florida DUI, criminal defense, and personal injury, explained by a forensic lawyer-scientist and former public defender. Seven running series cover the science behind the evidence, the cases in the news, the injury claims, and how a defense actually gets built, all in plain English.

Rory Safir

Every post here is written by Rory Safir, one of only six ACS-CHAL Forensic Lawyer-Scientists in Florida, the author of The Florida DUI Trial Manual, and a former Assistant Public Defender in Tampa.

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Was Your Police Report Written by AI? Axon Draft One in Florida, and the Draft Nobody Keeps

Axon Draft One writes police report narratives from body camera audio, and the first draft is not kept. Where Florida sheriffs use it, what their policies say, and the questions to ask when a report matters in your case....

How Many Jurors Decide a Florida Criminal Trial? Six, Twelve, and the Eight That Decide Death

Two Tampa juries heard similar murder trials; one recommended death and one life. Florida uses six jurors for felonies, twelve for capital cases, a unanimous verdict, and eight of twelve for death, and the Supreme Court is now reviewing the six....

Can the Crime Lab Be Wrong? A DNA Analyst Just Got Ten Years for Deleting Results

A state crime lab DNA analyst deleted results for years and an intern caught it. She got ten years on September 8. What a lab report actually is, why the analyst has to come to court, and the records a Florida defense lawyer asks for by name....

Can Florida Police Stop You Just for Carrying a Gun? A Federal Appeals Court Said No

Two Miami-Dade detectives stopped a man at gunpoint because he had a pistol in his hoodie. The Eleventh Circuit vacated his conviction: in Florida a concealed gun alone is not reasonable suspicion. What the ruling means if you carry....

Asleep in a Running Truck in Tampa: The Welfare Check That Became a DUI

Deputies woke a man asleep in a running truck at a Tampa apartment complex and a DUI followed. A judge suppressed it; the appeals court reversed. Where a welfare check ends, and why a parked truck can still be a DUI in Florida....

Florida Took the Word ‘Lawful’ Out of Resisting With Violence: What the Officer Jason Raynor Act Changed

One act signed June 16, 2026 removed the word lawful from three Florida statutes, defined good faith to include an arrest later found unlawful, and repealed the rule that an officer may not use force in a knowingly unlawful arrest. Resisting without violence was left alone....

Police Took His Blood Without a Warrant. The Court Just Took Back the Rule They Used.

A driver refused a blood draw after a fatal crash and police took it anyway. The Fourth District affirmed suppression and receded from the sentence prosecutors had been citing as a probable cause exception to the warrant requirement....

Can a Withdrawn Guilty Plea Be Used Against You in Florida?

Florida keeps a withdrawn guilty plea out of evidence, along with a no contest plea, an offer to plead, and the statements made in connection with any of them. The protection can apply even when no deal was ever reached....

What Happens When a Florida Jury Says It Is Deadlocked

A Florida jury is allowed to hang. When one says it cannot agree, the judge may read a specific instruction asking it to try again, and that script has protections built into it. Leave them out and a conviction can be reversed....

Ask Safir: Can You Seal or Expunge a Criminal Record in Florida?

Florida lets many folks seal or expunge one record in a lifetime, and how the case ended decides which remedy applies. The disqualifiers are stricter than most articles admit, and one old misdemeanor can close the door....

Ask Safir: Should I See a Doctor After a Car Accident If I Feel Fine?

Florida gives you 14 days after a crash to get initial medical care or forfeit the no-fault benefits you already paid for. The second deadline hiding behind it decides whether your coverage is 10,000 dollars or 2,500....

Ask Safir: Can I Drive After a DUI Arrest in Florida?

The citation in your pocket is a ten day driving permit, and what you do inside those ten days decides whether you keep driving after it expires. One of the two paths costs more than people realize....

Ask Safir: Can a Florida DUI Be Reduced to Reckless Driving?

Reductions to reckless driving happen in Florida every week, through county programs and through pressure on the evidence. A statute most people have never heard of decides who is even allowed to take the deal....

Ask Safir: How Long Does a DUI Stay on Your Record in Florida?

The criminal record is permanent, the driving record keeps it for 75 years, and the clocks that do expire are the ones lawyers care about most: the five and ten year enhancement windows....

Ask Safir: What Happens If You Refuse the Breath Test in Florida?

Refusing the breath test after a Florida DUI arrest is now a crime, a change many drivers still have not heard about. The officer's warning is an element of that crime, and it is where these cases get fought....

Ask Safir: Do I Have to Do the Field Sobriety Exercises in Florida?

No law requires the roadside exercises and declining them is not a crime in Florida. What most articles skip is what declining actually changes, and what was already being graded before the question was asked....

Ask Safir: Will a DUI Show Up on a Background Check in Florida?

A Florida DUI conviction shows up on background checks and can never be sealed or expunged. The reason is a statute most articles skip, and the one real exit ramp runs through the charge itself....

When Police Ask Google for Your Account: What a Subpoena Gets, Under Federal and Florida Law

A subpoena with no judge involved reaches your name, your session times and the card you paid with. A warrant is only needed for contents. And for records, the government does not have to tell you at all....

Florida’s Super Speeder Law: What Section 316.1922 Actually Says

Florida created the crime of dangerous excessive speeding on July 1, 2025, and a first conviction carries jail. The bill was rewritten three times before it passed, and many summaries still describe the earlier draft....

Flock Cameras in Tampa Bay: Where They Are, the Misuse Arrests, and What the Law Actually Says

Three Florida officers were charged in five weeks over Flock camera misuse, and St. Petersburg's 50 cameras are now a mayoral runoff issue. A St. Petersburg defense lawyer explains what the cameras record, the felony charges, the Fourth Amendment cases, and what the search logs mean in a criminal case....

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Acquittal, Pinellas County: DUI jury acquittal after the HGN eye test was challenged.

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