A DUI is a costly experience and can even land you in jail. The process will take up your personal time and may require you to take off work to attend court or an administrative hearing to keep your license. These consequences usually lead first time offenders to be careful the next time around, and avoid repeat offenses. Unfortunately this is not always the case and people from all walks of life and all age groups are routinely charged with DUI. If you want to avoid the penalties associated with DUI cases it is helpful to know a few ways to avoid a DUI altogether.
Being charged with DUI is a serious offense. If you have been accused of driving while under the influence of alcohol, your future independence and right to drive depend on how well you defend the charges or what type of agreement you are able to strike with the prosecution. Picking the right criminal defense attorney to help you is the first step towards a successful outcome. You have choices when making this decision, and this article will give you pointers on what a DUI defense attorney should be able to tell you about your case.
The first thing you need to know is how DUI in Florida is defined. This includes knowing the legal limit for DUI. In Florida, if your blood alcohol content (BAC) is 0.08 or more, you can be charged with DUI. From there, the top three questions any DUI… Continue reading
The fines and hassle associated with a traffic ticket can be overwhelming. In addition to having to deal with the citation, you also have to consider how your driving record and insurance rates will be impacted. The best way to handle a traffic ticket is to defend the charges rather than simply pay the ticket. If you pay the ticket and move on, harmful points could accumulate on your record and this could lead to possible revocation or suspension of your driving privileges. Avoid these harsh consequences by aggressively fighting the ticket. We help people with speeding tickets, reckless driving charges, allegations of hit and run or leaving the scene of an accident, DUI, and other traffic related citations.
When determining the best approach to take for defense of your traffic ticket it is helpful to know the two types of traffic tickets. In… Continue reading
Adults are not the only ones that can face criminal charges. Teens and underage children can also be charged with crimes. When your child is arrested and dealing with the long arm of the law, it is important to aggressively defend the charges to their future is protected. A criminal record can create difficulties when applying for jobs, when getting into college, and can have a negative impact on your kid’s driving record.
The most common type of criminal charge against a minor is a MIP (minor in possession) case. In that instance, an underage person is charged with possession of alcohol. The defense strategy for an MIP charge can be similar to how a DUI is defended. For example, in a DUI case a common defense is to challenge the validity of the field sobriety test results. In an MIP case it is not… Continue reading
Nothing is error free, and few things in life happen without mistake. This is true of your kids’ performance at school, it applies to professional athletes, and is even true in law enforcement activities. The sad truth about breath tests is that they are not always accurate. Inaccurate test results can lead to wrongful arrest for DUI, and for this reason it is important to challenge the validity of the test and protect your reputation, right to drive, and criminal record.
Breath tests are administered by people, and people make mistakes all the time. Four common mistakes made when giving a breath test include:
- Improper administration of the test, such as in the instance of the test being given by an untrained person.
- Improper maintenance of the testing equipment, which can lead to false positives.
- Improper calibration of the testing machine, which… Continue reading
Taking merchandise from a store without paying is considered shoplifting, and you can be arrested and charged if you are caught engaging in this type of behavior. Retail establishments typically have strict loss prevention policies and employ undercover security or other guards to prevent theft. The economic loss suffered by a store when instances of shoplifting are great justify the expense companies pay for this type of security, and in the most sophisticated of instances your actions may be caught on hidden camera. When there is videotape evidence of the action, it can be difficult to defend the case. However, this does not mean it is impossible to reach satisfactory results.
Florida statutes define shoplifting as taking merchandise without paying. Three ways you can “get caught”, or charged with shoplifting are:
- A charge of petit theft, which involves merchandise of less than $100 in… Continue reading
The most common cause of being charged with DUI is “failing” a field sobriety test. If you are pulled over and asked to submit to testing and do not perform as the officer believes you should, you can be charged with DUI. Other than the breath test, common forms of tests to determine sobriety include the horizontal gaze, the walk and turn, stand on one leg, and touch your nose. The problem with these tests are that they are subjective, meaning the determination as to whether you pass or fail is within the decision making authority of the officer. Because everyone perceives actions and words differently, you are at the mercy of the independent thought of the authorities when engaging in one of these types of tests.
The consequences and range of punishment for a repeat DUI case are harsh. Depending on the specific facts of your case, you might lose your right to drive permanently or spend a significant amount of time in jail. So, it becomes critical to determine how a case is considered subsequent. Surely there is some time frame within which the slate is wiped clean, and you no longer face the possibility that a new DUI charge will be put you in the repeat offender category, right?
The period of time in between cases is referred to as the look back period. This time frame is how long an offense will stay on your record so that any repeat action is considered a subsequent action, which triggers heightened levels of punishment. For DUI’s in Florida, the following time periods apply:
- If your second case occurs… Continue reading
Every DUI case has a possible range of punishment that will impact your daily life. The amount of fine you have to pay, the possible jail term, and how your driver’s license is affected all vary depending on whether this is your first offense. As the number of DUI charges against you increases, so do the consequences. It is important to understand how subsequent offenses are treated, so you can effectively defend the case against you.
DUI in Florida is defined as operating a vehicle with a blood alcohol content of 0.08 or higher. The short list of possible punishment for repeat offenders is as follows:
- A second DUI is a misdemeanor with a fine of $1,000.00 to $2,000.00. With a second case you also face jail of up to 5 years for a second DUI within 5 years, and suspension of your driving privileges… Continue reading
Violent crimes seem to be on the rise, especially in the wake of racially charged instances in some of the country’s largest cities. Of course one of the biggest cases was right here at home, with the shooting death of Trayvon Martin. Since that time there have been incidents in Missouri and Maryland just to name a few. Being charged with a violent crime is a serious matter and deserves a serious defense. Having an assault and battery or a weapons conviction on your record significantly hampers your ability to do certain things in the future. Most notably you may be prevented from applying for certain licenses, or jobs.
Some suggestions to reduce violent crime include the following three things:
- Educate people about the dangers of guns and proper gun safety.
- Implement laws that make sense and address the problems associated with weapons.
- Improve… Continue reading