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Why didn’t the Cops give a Breath Test to the guy who hit my Motorcycle and sent me to the Hospital? ~ Chosen as “Best Answer” by Asker on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1

Q:     Why was he not breathalyzed or given citations?  Okay so I was in a motorcycle accident and the other driver was at fault. He pulled out of a men’s club aka bar at… Scroll down to read more!

January 6, 2016 / Michael A. Haber /
Q:     Why was he not breathalyzed or given citations?  Okay so I was in a motorcycle accident and the other driver was at fault. He pulled out of a men’s club aka bar at 3 o clock in the afternoon. I was in the middle lane and he cut across 3 lanes of traffic into my path of travel and caused me to wreck. He was never breathalyzed or even given his citations at the scene. I was sitting in the hospital bed while he was on his way home.
A:     Chosen as “Best Answer” by Asker on www.AVVO.com
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

For questions involving federal laws (e.g., immigration or patents), this distinction is unimportant.

” href=”http://www.avvo.com/legal-answers/why-was-he-not-breathalyzed-or-given-citations–2451059.html#!” rel=”nofollow” style=”border-bottom-color: rgb(118, 123, 124); border-bottom-style: dotted; border-bottom-width: 1px; border-top-color: rgb(118, 123, 124); border-top-style: dotted; border-top-width: 1px; color: #767b7c; display: inline-block; font-size: 11px; line-height: 1.2em; text-decoration: none; transition: all 0.3s ease;”>Licensed in FL

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Best Answer
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Answered . Please do not misinterpret my sarcasm… I am using it to make the point that you are you asking a bunch of cyber lawyers who were not there and are not cops to explain another human being’s decision making process in an incident that we did not witness…

The fact is that I cannot even tell you with any degree of certainty what I am going to have for dinner tonight much less why a given cop chose to act in a given way at a given point in time.

My guess (“guess”) is that the cop did not believe that there was any impairment issues involved in the accident. Perhaps the cop thought that it was an accident – you know, “an unplanned and spontaneous occurrence”…

If you think that the cop acted improperly then, when you are released from the hospital, go to the station and file a formal grievance (an internal affairs complaint).

And if you are truly aggrieved then consider hiring a lawyer to work for you. In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate.

Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim’s rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim’s rights advocates.

Please take a look at my YouTube Webisode on Crime Victim’s Rights in Florida. It supplements this answer with valuable information on the subject. For your convenience a link to the video follows:

Haber PA’s YouTube Webiside on Crime Victims Rights Advocacy –https://youtu.be/169dN0_vDZ0

In the meantime please rest up, get healthy and thank ________ that you are alive (even if not on your feet, out and about) and here for the holiday season and new year.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.


At Michael A. Haber, P.A. “Its all about reasonable doubt”!


Michael A. Haber, Esq. is prepared to speak with you about your case!


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017

  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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    April 10, 2017

  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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