Ask Safir

Florida DUI, criminal defense, and personal injury, explained by a forensic lawyer-scientist and former public defender. Celebrity cases, courtroom strategy, and the science behind the evidence, in plain English.

Rory Safir

Every post here is written by Rory Safir, one of a handful of ACS-CHAL Forensic Lawyer-Scientists in Florida and a former Assistant Public Defender in Tampa.

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Can a Withdrawn Guilty Plea Be Used Against You in Florida?

Florida keeps a withdrawn guilty plea out of evidence, along with a no contest plea, an offer to plead, and the statements made in connection with any of them.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....

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Case Results

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

Past results are examples only and do not predict, promise, or guarantee the outcome of any other case.

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