Attorney Andrew Simko

Attorney Andrew Simko Former Prosecutor
Florida Criminal Defense and Injury Law Firm

09/03/2026

Driving in the left lane? Then you cannot be impeding traffic. Even if you are going the speed limit, if someone approaches you from behind at a greater speed then you should move over for them to pass you.

09/02/2026

Tiger Woods got his DUI dismissed because it was a weak case and the prosecution does not want to go to trial and risk losing a high profile case like this when they can guarantee a conviction to a lesser charge.

09/02/2026

Don’t drive at this time.

08/31/2026

THE VICTIM DOESN’T DECIDE WHETHER CHARGES GET DROPPED.

One of the biggest misconceptions in criminal cases is that the alleged victim can simply “drop the charges.”

They can’t.

Once law enforcement gets involved, the State decides whether to prosecute. A prosecutor can move forward with a case even if the alleged victim no longer wants to cooperate.

Does the victim’s position matter? Absolutely. Prosecutors will consider whether the alleged victim wants the case prosecuted, whether they’re willing to cooperate, and the reasons behind their position.

But ultimately, the decision to move forward or not belongs to the State, not the alleged victim.

08/28/2026

🚨 YOU BLEW UNDER .08… SO YOU’RE GOING HOME, RIGHT?

Not necessarily.

A lot of people think if they blow under the legal limit after a DUI arrest, the police have to let them go.

They don’t.

If you’ve already been arrested for DUI, blowing under .08 does not automatically undo the arrest.

And if your breath alcohol result is low, law enforcement may suspect that something other than alcohol is causing impairment.

That’s when they may request a urine sample to test for drugs or medications.

So you could blow UNDER the legal limit and still:

❌ Go to jail
❌ Be charged with DUI
❌ Be asked to provide a urine sample
❌ Have to fight the case in court

Remember: .08 is not a magic number that determines whether you can be arrested or prosecuted for DUI.

⚖️ Know your rights before you need them.

08/27/2026

🚨 CAN YOU REFUSE TO GET OUT OF YOUR CAR DURING A TRAFFIC STOP?

No.

If you’ve been lawfully stopped, an officer can order the driver out of the vehicle, even if the officer doesn’t suspect another crime.

Officers can generally order passengers out of the vehicle too.

You still have rights. Getting out of the car when ordered does not mean you’re consenting to a search.

If an officer tells you to step out:

✅ Stay calm
✅ Follow the order
✅ Don’t physically resist
✅ You can say clearly: “I do not consent to any searches.”

If you believe the order was unlawful, challenge it later—not on the side of the road.

⚖️ Know your rights. Know the law.

08/25/2026

Many times, cops need to speak with you in order to move forward with the case. Don’t fall for it.

08/23/2026

Driving at this time could get you a DUI

08/22/2026

DUI on Golf Carts happen, and they happen often. Know the law.

08/21/2026

🚗 “I wasn’t speeding—the car was driving itself.”

Got a speeding ticket while your Tesla was in Full Self-Driving mode?

You can certainly make the argument: “Judge, I wasn’t driving. The car was controlling the speed.”

Creative argument? Absolutely.

Winning argument? Probably not.

Even in Full Self-Driving mode, you’re still responsible for the vehicle and expected to supervise it. If the car is going 15 MPH over the speed limit, blaming the computer probably isn’t going to get the ticket dismissed.

As self-driving technology gets better, though, these arguments are only going to get more interesting.

⚖️ Follow for more traffic and criminal defense law.

Address

515 N Flagler Drive STE 350
West Palm Beach, FL
33401

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