DUI cases are two part cases; the first part is the criminal action against you, and the second part is an administrative proceeding regarding loss of your driver’s license. A successful outcome requires you to defend both parts, which requires a skilled DUI defense attorney. In order to get a good outcome, you need to move quickly and call an attorney right away. This is partly because if you want to get your license back, or at least get a limited license; you have to make a request for administrative review within ten days of the arrest. If you let this deadline pass, you will not be eligible for a limited license. Acting fast is also necessary because you are facing potential jail time, and large fines. The sooner you start talking over the facts of your case with a qualified attorney, the sooner you… Continue reading
A DUI is a serious matter with serious consequences. You can lose your driver’s license, go to jail, and pay hefty fines. The loss of your driver’s license is automatic upon arrest, but can be fought. In most cases, especially first time offender cases, you can obtain a limited license and allowed to drive for limited purposes. But to get that type of license you have to act fast, because there is a short time period for asking for a limited license and if you miss it, you miss out on the opportunity. There are other things you will need to do if you are arrested for DUI, and doing these things can set the stage for a successful case.
Four things to do if you are arrested for DUI include the following:
- Stay calm, which will help you to think things through before… Continue reading
The requirement to have an interlock device installed in your car if you get a DUI has historically been reserved for cases where the BAC was significantly higher than the 0.08% limit (at .15%) or if the driver was transporting a minor child at the time of DUI arrest. However, there have been pushes for changes to these requirements, and that movement seems to be gaining ground. A recent proposal to make the interlock requirement apply to all first time DUI offenders, even those who do not have a BAC as high as .15% and/or are not driving with a minor in the car, has passed its first hurdle in the State Legislature. If the initiative continues forward, there could be changes coming to the rules that apply to when an interlock is… Continue reading
The breath test is the most common way police officers make a determination that a driver has had more to drink than is legally allowed before operating a vehicle. Once an officer observes a driving pattern that is indicative of drunk driving, the car can be pulled over the drive questioned. If the questioning leads the officer to believe the driver has had too much to drink, he or she can ask the driver to submit to a breath test. When the breath test results show an alcohol concentration in the driver’s system of 0.08% or more, a ticket and arrest for DUI can be written. This type of scenario makes it critical for every driver on Florida roadways to know a few things about how breath tests work, and what types of things… Continue reading
With all of the focus on the legalization of marijuana in Florida, some important information on other types of drug charges may be getting overlooked. Remember that the crack down on drugs is not limited to pot, and even if you are engaged in legal activity regarding marijuana, there are still plenty of illegal activities as far as other substances are concerned. Once final, the legalization of marijuana will apply only to that substance, and if you are caught with cocaine, methamphetamine, or any other banned substance you can be arrested and brought up on drug charges.
Two parts to every drug bust, that is the responsibility of the State to prove in order to get a conviction against you, are:
- That you were knowingly in possession of the drug in question.
- That you were… Continue reading
Unless you have a background in science you might be intimidated when trying to challenge the result of a scientific test. The methodology used and the scientific terms are often times difficult for the layperson to understand, let alone question. So if you have been charged with DUI after having “failed” a breath test, you might be thinking that there is little hope for a good defense. But the truth is breath tests are not as reliable as an arresting officer might have you believe, and successful challenges to the test results can be made in a large majority of cases.
Four common challenges to breath tests in DUI cases that just might work for your case include:
- Challenging the maintenance of the equipment. The equipment used to test the level of alcohol in your system has to be maintained a certain… Continue reading
Being arrested for DUI means a lot of things, and not many of them are fun. But it does happen, and it happens more than you might think. So, if you have been charged with DUI the best thing you can do is take a deep breath and being to prepare your defense. Preparation should start with contacting an experienced DUI defense attorney, and explaining what happened before, during and after the arrest. The facts you are able to relay to your attorney can help you establish a solid defense, and might just save you a trip to the jail house or loss of your driving privileges.
Five possible penalties when you are convicted for DUI are:
- An increase in your insurance rates. Money is tight for most everyone these days, so if you have… Continue reading
Being arrested for a drug related offense is a serious matter that can have serious consequences. The punishment for possession or some other drug crime can include jail time and loss of other liberties. This is true even if you are charged in a case that seems minor, such as misdemeanor possession of marijuana. A lot of people don’t consider marijuana to be a “hard drug”, and thus are unaware of how serious an arrest can be when caught with the substance. And now that there is movement towards legalization of marijuana for medicinal purposes, the thought of some is that there is no harm in simple possession or that it won’t be long until marijuana is legalized for other purposes. But until that time comes, you do have to be careful and act fast if you are facing possession or other drug related… Continue reading
If you have been placed on probation then you know that there are certain things you can do and certain things that are prohibited. You probably also know that if you do something that is prohibited you can be charged with violating your probation. A probation violation or VOP is a new charge that you have to defend, and with every violation comes the risk that your supervision will be revoked. All of this is should sound familiar if you have been arrested and negotiated a plea that included a term of probation. But there are also some things about probation that are not as obvious, but just as important.
Five things you might not know about probation, but should if you are considering agreeing to a term, are:
- You… Continue reading
Weather stations across the country have been reporting sunnier days in the midst of cold weather and residents from all parts of the nation are gearing up for summer. Snow birds are still in season, and we are in prime time for wine and food festival, charity dinners and often, DUI.
Not only does Florida have miles and miles of beautiful coast line, but also events for just about every taste. And, speaking of taste, a popular festival that involves good food and wine is getting ready to take place just to our north. The Vero Beach Wine and Food Festival has been a success in the past, and there is no reason to think it will not be a hit again in a few short months. But if you plan to go, do… Continue reading