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Experience & Qualifications

   EXPERIENCE &
QUALIFICATIONS

Loring N. Spolter, a South Florida trial attorney, practices in the fields of DUI / Criminal Defense and Employment Law. He is admitted to practice law in Florida, New York and Connecticut.

Born and raised in South Florida, Mr. Spolter gained courtroom experience as a prosecutor in New York City in the Brooklyn District Attorney's Office. In 1989, he was one of just two University of Miami Law School graduates recruited to begin working that year as an Assistant District Attorney in Brooklyn. At the D.A.'s Grand Jury Bureau, he obtained indictments against more than 220 defendants charged with felony offenses. While with the D.A.'s Felony Investigations Bureau, Mr. Spolter worked 24-hour shifts traveling from one police precinct to the next, enhancing case strength by working with detectives and police officers, debriefing witnesses and victims and interviewing defendants on videotape.

Mr. Spolter finds his work experience in the D.A.'s Felony Investigations Bureau to be invaluable while representing clients charged with criminal offenses. While working as a prosecutor in the bureau, he scrutinized criminal cases for weaknesses in order to develop ways of strengthening them.

In his DUI / criminal defense practice, Mr. Spolter draws upon his experience in the District Attorney's Office to search for weaknesses and loopholes in the cases pending against his clients. Mr. Spolter also incorporates into his DUI / Criminal Defense practice information gathering techniques learned from statistical analysis and research methods courses while earning a Master's Degree in one of Syracuse University's Graduate School Business Programs. The Sun Sentinel and WSVN Channel 7 TV have featured news reports on Mr. Spolter's criminal defense strategies after the Broward County Sheriff's Office unsuccessfully petitioned the Florida Bar (the State Agency regulating attorneys) to stop him from using research methods which uncovered questionable DUI arrest practices. The Florida Bar ruled that Mr. Spolter could continue with his research efforts.

When representing the legal interests of clients charged with DUI and other criminal traffic cases, Mr. Spolter has:

  • Obtained Exclusion from Evidence Urine Sample Test Results Obtained by Law Enforcement.
  • Drafted Pre-Trial Motions and provided In-Court Argument to successfully achieve:
    • DUI Case Dismissal based upon Court Finding of Illegal Traffic Stop;
    • DUI Case Dismissal based upon Court Finding of Illegal Police Entrapment; and,
    • Exclusion of Breath Test Results for Police Violation of Pre-Test Observation Period.

Having insulin-dependent diabetes, Mr. Spolter is aware how medical ailments - including those which have not yet been diagnosed in his clients - can make motorists appear to be impaired by alcohol, prescription medications or illegal drugs. Among the DUI clients he has effectively represented are are persons whose medical ailments played a role in their having been arrested. Mr. Spolter has achieved favorable case outcomes in DUI cases on behalf of persons having these medication conditions:

 

 

Client's Condition   Case Outcome Obtained
Broken Collar Bone: Obtained State Attorney's Agreement to Dismiss all Charges pending against Defendant injured in DUI-related accident who failed the DUI roadside physical tests and also failed Sheriff's Department's DUI urine test which revealed Marijuana usage. A full case dismissal permits those not having prior arrests to seek to expunge their criminal records.
Severe Leg Disability: Obtained Reduction to Reckless Driving (with Withhold of Adjudication) on behalf of a client who failed DUI Roadside Physical Performance Test and whose DUI administered Urine Test revealed use of Illegal Drugs.

A Withhold of Adjudication permits those not having prior arrests to seek to seal their criminal records.
Diabetes: Obtained Reduction to Reckless Driving (with Withhold of Adjudication) on behalf of a client with diabetes. The client failed the breath test and failed the DUI Roadside Physical Performance Test. This being the client's first arrest, he was eligible to later seek to seal his criminal arrest record.
Tourrette Syndrome: Reduction to Reckless Driving Charge. State Attorney wished to prosecute client for DUI when his urine test reveled use of controlled chemical substances similar to but not identical to those prescribed by his physician.
Borderline Mental Retardation: Non-jail outcome for second and third DUI convictions for arrests occurring weeks apart.

 

Also practicing in the field of employment law, Mr. Spolter is aware that employers frequently refuse to hire job applicants having DUI convictions. Numerous employers also fire current employees who are convicted of DUI offenses. Fearing possible legal liability even for those acts not related to driving, a growing number of employers are purging those with DUI convictions from their workforces.

Florida has tough DUI laws. Whether pleading no contest or guilty to DUI charges, or when found guilty after a trial, DUI defendants receive permanent blemishes on criminal records, even when no jail time is imposed. Unlike findings of guilt administered in many other types of criminal offenses, DUI convictions can never be sealed. That's why it's wise to consult with a criminal defense attorney about legal strategies which may lead to the avoidance of a DUI conviction.

LORING N. SPOLTER represents persons charged with DUI offenses in Broward, Miami-Dade and Palm Beach Counties. Practicing in the fields of DUI / Criminal Defense and Employment Law, Mr. Spolter previously worked as a prosecuting attorney in New York City in the Brooklyn District Attorney's Office. The phone number for his Fort Lauderdale law office is (954) 728-3494. Information contained in this article was accurate as of October, 2002. This article is for general information use only and does not substitute for specifically tailored legal advice.