Bucs, Booze and Busted for DUI

Aiken and O’Halloran Fort Myers Sean O’Halloran 239-334-8890


Super Bowl LV can turn into a real bust out if you drink and drive here in Ft. Myers.  It doesn’t matter whether you are for Kansas or the Tampa Bucs, if you drink a little too much watching the game, do not drive.

If you are reading this too late, and your Super Bowl party ended with an arrest for driving under the influence, don’t make another mistake by not hiring the best DUI lawyer you can find.  All lawyers are not the same when it comes to handling DUI cases.  Just like doctors, different lawyers handle different kinds of cases.  You would not go to a foot doctor for a heart problem, so if you are looking for a good DUI lawyer, do your homework.

A Dui conviction can have some pretty serious consequences.  It can affect you job, your insurance rates, your future and more importantly, it can land you in jail.  It can cost you your license and make it next to impossible to work.

An experienced DUI lawyer may find a weakness or fatal flaw in the State’s DUI case.  The stop may have been improper.  The roadside exercises may have been done wrong.  There may be e technical defect in the breath or blood results.  Even though you may feel like giving up and simply pleading to the charge, think twice.  Talking to a top notch DUI lawyer may make an enormous difference in how your case goes.

Most DUI lawyers do not charge for an initial consultation.  When you are talking to lawyers, ask important questions.  How many DUI cases have you actually tried?  How many DUI cases have you handled as a defense lawyer, (not a prosecutor).  Some lawyers advertise that they have handled hundreds or thousands of DUI cases, but forget to mention that it was as a prosecutor.  How long has the lawyer you are talking to been actually doing criminal defense work? If you were arrested for DUI there are important time deadlines dealing with your license.  You have already made mistake in judgement, don’t make a second and try and handle this case on your own.  Give us a call and at least discuss your options

Super Bowl LIV DUI Arrests

Aiken and O’Halloran Sarasota Florida 941-366-3506 Ft. Myers Florida 239-334-8890

January 2020

Super Bowl is coming Sunday and that means DUI arrests here in Ft. Myers, Cape Coral and Leheigh are going to be up.  Many people are staying in Southwest Florida and driving over for the Super Bowl.  There will be hundreds of Super Bowl parties and that means guzzling suds  and then driving under the influence.  The police are going to out in force with extra emphasis on drunk drivers and drunken wrong-way drivers.  There may well be checkpoints because when the game ends, the party is over, and everyone is headed home.  Super Bowl night can result in more arrests than New Year’s Eve when it comes to DUI charges.

As a DUI lawyer, my advice is don’t drink and drive.  Take an Uber.  Sadly, most of you will not follow my advice.  Do you know why?  Alcohol impairs judgment, long before it impairs your physical ability to drive.  If you have a couple of drinks, your impaired judgment will affect your decision as to whether or not to get in the car and drive home.  Your impaired judgment will also affect what you do when you get stopped.  You may think doing “field sobriety exercises” is a good thing.  You may think “blowing” in the alcohol testing device is a good thing.  You may thing saying “I only had two beers” is a good thing.  Alcohol is going to affect what you do and say in your interaction with the arresting officer and 99% of the time, you are going to do the wrong thing.  This is where a good experienced DUI lawyer can make a huge difference.

You don’t have to be drunk to get arrested.  All you have to do is be somewhat impaired.  A couple of beers or two glasses of wine is all it takes.  This is particularly true if you are not used to consuming alcohol.  If you get arrested for driving under the influence, there are a bunch of things you need to do right away.  Your driver’s license is at stake and there are time deadlines and a bunch of hoops you have to jump through to preserve you ability to drive (even for work purposes).  When you get out of jail, it is imperative to get in touch with a really good, really experience criminal lawyer that knows the ropes when it comes to DUI defense.  Picking the best DUI lawyer is tough.  Lawyers all claim to be good at DUI defense.  Sometimes, the bondsman you used will recommend (his friend) as a good lawyer. Sometimes a relative may recommend someone they used. 

Hiring the best DUI lawyer for your facts, your case, your budget and your driving history is a daunting challenge.  Picking the right lawyer is like picking the right doctor for your situation.  You don’t go to a foot doctor for a heart problem.  All lawyers are not the same.  Not all lawyers actually try DUI cases.  Is the lawyer good at lawyering or just good at advertising?

 My suggestion is for you to make an appointment, go in person, sit and discuss your case and then ask the lawyer about his actual real qualifications and experience. You decide, “Is this the lawyer I want standing beside me in Court?”  You have already made a bad decision by driving.  Your next decision on who to hire has to be a good one.  Do your homework.  How long has he been defending DUI cases?  How many DUI cases has he actually tried as a defense lawyer?  At our criminal defense firm it does not cost you anything for a “free consultation”.  At least then you will know you options. If you or someone you know has been arrested in Ft Myers, Cape Coral, Lehigh Acres, Port Charlotte or Boca Grand Call Today!!!



How to find a good DUI lawyer in Ft. Myers and The Cape

Sean C. O’Halloran Fort Myers DUI Defense Attorney Call: 239-334-8890

What is the best way to find a good DUI lawyer in Ft. Myers and The Cape? One of the most common reasons the average everyday ordinary person gets arrested if for driving under the influence, dui/dwi.  Getting arrested is a traumatic experience and being cuffed, transported, searched, booked and printed is humiliating.  For many people this is their first contact with the criminal justice system and it can be overwhelming.  There are real consequences to a DUI conviction and having an experienced, good criminal lawyer can make a world of difference in the outcome.  There are hundreds of criminal defense lawyers here in Lee County and choosing the right one to represent you is a daunting challenge.  Never make a decision based solely on advertising or price.  Most importantly, do not wait to talk with a good criminal attorney because you may miss many deadlines that can impact your license.  The Public Defender many times only gets appointed too late to deal with deadlines and generally only deals with the criminal court issues and not your license issues.

Price is something most people have to consider, but getting a bargain lawyer is like buying a bargain parachute.  There is an old saying in life that “you get what you pay for” but you have to balance that with the reality of not over paying for good representation So how do you go about selecting a really good DUI lawyer here in Ft. Myers or Cape Coral?  Experience is a factor that should be considered.  How long has the lawyer been handling DUI cases?  Does the lawyer actually try DUI cases or does he have a reputation with the prosecutors for simply pleading the cases.  Does the lawyer have prior experience as a prosecutor?  It helps greatly to have a lawyer that knows the ropes and has handled DUI cases from the other side.  You need to actually go and meet with the DUI lawyer, sit across the desk from him or her, and then ask yourself, “is this the lawyer I want standing beside me in the courtroom”?

Hiring a good experienced DUI lawyer is important.  A DUI conviction in some cases, can land you in jail.  It can cost you your license.  It can affect your employment both now and in the future.  It will affect your insurance rates.  Most lawyers, including our firm, do not charge for an initial free consultation.  You may be considering using the Public Defender but ask yourself this “if I was really sick, do I want to go to the public health clinic”?

Your next decision, “who to hire” is an important one so take the time to actually go meet with the lawyer that is going to represent you.  There may be good solid defenses in your case.  The police may have violated your rights.  The “stop” may have not been valid.  The breathalyzer results may not be admissible in Court.  A good DUI lawyer may find a defect in the State’s case.

Even if you really were guilty, do not assume that you should plead guilty just to get it over with.  A good lawyer may get the charges reduced and save your license.  Take advantage of the “free initial consultation”, meet with the lawyer, discuss the facts of your case and then make an informed decisions as to who you want representing you.  If you drove under the influence, you have already made one bad decision.  Don’t make another one by hiring the wrong lawyer. If you or a loved one has been arrested for DUI or DWI in fort Myers or Cape Coral and you have questions call 239-334-8890 today

Was it really a traffic stop?

Peter D. Aiken State and Federal Criminal Defense Aiken and OHalloran 941-366-3506
Aiken and O’Halloran Sarasota Florida 941-366-3506 Ft. Myers Florida 239-334-8890

If you got arrested in Sarasota for a drug crime as a result of a traffic stop you might want to read this.  In theory, police are not supposed to make profile stops, but in the real world, they do all the time.  If you are in a certain neighborhood, in what the police call a high crime area, and you do not look like you “belong” there, the police will find some way to justify a traffic stop.  They may claim you tag light was too dim.  They may claim that you rolled through a stop sign.  They may claim that your tint looked too dark (this is their favorite).  They simply make up a reason to stop, detain and question you.

In some cases, the officer then claims he smells marijuana and he asks permission to search the vehicle.  Sometimes people do not realize that if they smoked in the preceding hours, their car or their clothes smell like burnt weed.  The human nose adjusts to a smell in four minutes.  The person may no longer smell it, but an officer just coming up to the car may legitimately smell it.  The police may use their “belief” that they smell marijuana to detain you for a drug dog search.  The length of the detention is important.  They should only be able to detain you long enough to write a legitimate ticket.  They take their own sweet time writing it delay you until the drug dog to arrive.

Next comes a full scale search of the car.  If you are charged with possession of a controlled substance in Sarasota or Manatee, or worse yet trafficking in cocaine, trafficking in MDMA, or fentanyl and your case involved a car stop, you need to examine carefully the circumstances surrounding the stop.  This is where a good experienced Sarasota criminal defense lawyer becomes really important.

If your defense attorney can prove it was a bad stop or an illegal and unlawful detention, you may be able to win the case on a search and seizure issueAn experienced drug lawyer can make a huge difference in the possible outcome.  You may have made one mistake already.  Do not make a second one shopping for the cheapest lawyer.  Having a good Sarasota or Bradenton drug attorney may make a difference.

If you have questions or want to talk, call 941 366 3506

Getting a ticket for smoking weed in Sarasota?

Sean C. O’Halloran Fort Myers Criminal Defense DUI Attorney Call: 239-334-8890

Sarasota may finally be headed in the right direction when it comes to marijuana.  It is only a matter of time until simple possession of recreational marijuana is legal in Florida.  Like it or not, that is going to happen.  The State will become addicted to the money it brings into the coffers, just as Colorado and Washington have.  If the Government had legalized marijuana fifty years ago, there would not be Mexican or Columbian cartels.  Hagen Brody is leading the charge to make simple possession of Marijuana a ticket, instead of an arrest.   Yeah for Hagen Brody.

In the meantime, people are still getting arrested in Sarasota for possession of a controlled substance.  They get booked, printed, humiliated and worse yet, there names and faces go onto Mugshots.com.  How do you think that looks to a prospective employer in the future?  Many arrests for possession of marijuana are the result of an illegal stop or an illegal search.  Before you opt for the Public Defender, and before you opt for a plea, talk to an experienced Sarasota criminal defense lawyerFor the little bit of money that it costs you might find there is a way to win the case entirely.  Generally, initial consultations with defense lawyers like me, are free.

If you have been charged with a sale of a controlled substance either here in Sarasota or in Bradenton, you really need to talk to a private criminal defense attorneyA ”sale charge” can land you in jail.  You can even be charged with distribution of a controlled substance if you give a friend some weed.  Did you know that if you give a friend a Percocet or OxyContin for a horrible toothache, you are committing a felony?  Did you know that if someone gives you a controlled substance, such as Xanax, to help you sleep, you are committing a felony by possessing simply one pill?  They say that “ignorance is no defense” and over and over as a Sarasota criminal defense attorney I talk to people that simply did not know they were violating the law.

If you accidentally violated the law, if you did not know it was a crime, don’t make another mistake by pleading to something to simply “get it over with”.  You will lose your driver’s license for a year for a drug conviction.  Think about that.  Probation may sound great and using the Public Defender may sound like a great idea, but think twice.  You need to make an informed decision, weighing your options, weighing your risks and thinking ahead.  You probably already made one mistake in getting arrested.  Not hiring a good, qualified, experienced defense lawyer may be yet another mistake.  If you want to know your DUI options or discuss how to proceed, call 941 366 3506.

Busted with drugs in Sarasota

Aiken and O’Halloran Sarasota Florida 941-366-3506 Ft. Myers Florida 239-334-8890

A drug conviction can have a long term effect on your future.  Even in the short term, you can lose your driver’s license and many times, that makes it difficult to get a job or to get back and forth to work.  If you are addicted to pills, and have been arrested in Sarasota or Manatee for possession of a controlled substance, you need help, not jail.  Addiction is a treatable illness.  You may be in denial.  That is one of the first symptoms of addiction.  You may think, “I can quit anytime”, but you find yourself, over and over, taking another pill.  You may think that you are not getting high, but just taking a pill to take away the pain from an injury.  You may think that if a doctor prescribes hydrocodone or oxycodone, because it is prescribed by a doctor, you are not an addict.  You really need to do some real hard thinking. How long have I been taking these?  Is it interfering with my life? Has it affected my relationship with my spouse, my parents or my employer?

Getting arrested may seem like a nightmare, but it can be a turning point in your life.  If you are using heroin something worse, getting arrested may be a blessing in disguise.  As a drug lawyer here in Sarasota, I understand addiction.  Solving the legal problem is only part of the answer.  It does you no good to plea to probation if you have no chance of making it successfully.  The simple answer is that you need help.  You need a real comprehensive plan to solve both the legal and personal problem.  You do have options and as a criminal defense attorney here in Sarasota, my goal is to try and make a difference in a person’s life.  You can get help and guidance through the legal system is a giant first step.  If you need to talk or have comments on this issue feel free to call at 941 366 3506

Drug Trafficking and Sales

Peter D. Aiken State and Federal Criminal Defense Aiken and OHalloran 941-366-3506

Arrested in Lee, Charlotte , Sarasota or Manatee for Illegal Drug Sales or Drug Trafficking?

In most cases, trafficking of marijuana, cocaine, heroin or opiates carries a minimum mandatory prison sentence. You can be prosecuted in either federal or state court.

We have more than 30 years of experience defending trafficking cases. We will represent you at bond reduction hearings and work to get you released on bond while your drug charges are being fought in court.

Drug trafficking does not mean that you were selling drugs.

Marijuana Growing Defense Attorneys

Merely having a certain amount of a controlled substance on your person, in your car or in your house is enough to get you arrested for drug trafficking. If you have over 25 pounds of pot or over 25 marijuana plants, including seedlings, the prosecution may accuse you of operating a grow house, and you could be charged with trafficking in marijuana. You can be charged with trafficking in drugs by merely having a certain quantity of oxycodone, Oxycontin, fentanyl, Dilaudid, heroin or Xanax. You could be facing up to 25 years in prison.

Knowing how to defend comes from knowing how to prosecute. Do not wait until arraignment to hire a private attorney.

The police may have made serious mistakes in getting a search warrant or illegally detaining you on I-75. If you were arrested for trafficking by the Florida Highway Patrol, the Sarasota Sheriff’s Office , Manatee Sheriff’s Office, Lee Sheriff’s office, Charlotte Sheriff’s Office or Cape Coral’s Police Department, we may be able to prove you were illegally stopped or held too long while a drug dog was brought to the scene. We may be able to convince the prosecutor not to file charges.

If your car or truck was seized and you received a notice of forfeiture, we may be able to get your vehicle back.

Call us  today our drug trafficking or illegal drug sales defense lawyers or Contact us online. As former a federal and state prosecutors, We have worked these drug cases from both sides. We offer free consultations and appointments or walk-ins are welcome.

Florida DUI FYI

Aiken and O’Halloran Sarasota Florida 941-366-3506 Ft. Myers Florida 239-334-8890
Aiken and O’Halloran
Sarasota Florida
Ft. Myers Florida


Contact us

A successful defense in a DUI case is no accident!

Drug and Alcohol Defense is not for the inexperienced lawyer

The lawyers at Aiken and O’Halloran  have a lifetime of hands on experience.

  • Peter Aiken Former Federal Agent and Former Assistant U. S. Attorney
  • Sean O’Halloran Former Lee and Charlotte Felony drug prosecutor

Whether your case is in State Court or Federal Court, we offer aggressive dedicated actual hands on trial experience for all types of drug offense cases in Lee, Charlotte, Sarasota and Manatee County.

Two seasoned DUI lawyers taking on the toughest cases

All lawyers are not created equal …

  • Trafficking…..Cocaine, Fentanyl and Heroin, marijuana
  • Possession….Oxycontin, Oxycodone, Dilaudid, Xanax and other Opiates
  • Marijuana…..Importation, Distribution, Grow Houses and Sale
  • Pharmaceuticals….Forged Scripts, Doctor shopping, Burglaries
  • MDMA…..Designer Drugs, Ecstasy,  Synthetic controlled substances
  • Amphetamines…Crystal Meth, Adderall and Barbituates
  • Steroids and other regulated controlled substances
  • DUI, DWI

You may have a solid defense and not know it…Was your stop legal?  Were you unlawfully detained?  Was the Search Legal?  Were you advised of your rights?  Did they pressure you to confess?  Was there more than one person in the car or the house?

You may not be a good candidate for probation…Sometimes it only sets you up for failure.  Taking the easy way out with a plea, waiving a legitimate defense may come back to haunt you when you have a probation violation. Know your rights before you give them up.  Talked to an experienced drug lawyer first! We defend the accused  in Sarasota, Manatee, Bradenton, North Port, Port Charlotte, Boca Grande, Cape Coral, lee, Fort Myers and in other areas of Florida.

Call for a free confidential no obligation consultation

Sarasota and Bradenton  941 366 3506 

Ft. Myers and Lehigh Acres 239 334 8890

All counties 941-366-3506

Our job is not to judge you; we are here to defend you. Call today for a telephone consultation or to schedule a free consultation at any of our four offices. Contact us today.

Aiken and O’Halloran Experienced Drug and Alcohol related Criminal Defense in Florida