When do I start counting from for the 5 years to be up
answered on Feb 2, 2023
If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.
Back story - I called the cops about a man threatening me with a gun in Tampa fl . I waited outside in my friends car. The police approached me and instantly the male officer began harassing me and charged me with dui and took me to jail . They dropped the charges after viewing the body cam because... Read more »
answered on Jan 28, 2023
You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... Read more »
My boyfriend was pulled over, I was with him. He switched lanes without signal and they accused him of being under the influence. The officer asked to see my id. They gave him a field test, in the cold with slippers and shorts on. He was cold and has physical ailments. They arrested him. On his... Read more »
answered on Jan 23, 2023
No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies... Read more »
I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... Read more »
answered on Jan 20, 2023
You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?
I got a DUI in New Jersey in 1987, and they added a eluding charge (2c:29-2b). This is the only blemish on my record. I moved to Florida in 2020 and took a Conceal Carry training course and applied for my permit and was rejected by the FBI. State law says I can still buy a weapon, but how do I... Read more »
answered on Dec 10, 2022
You can lawfully transport your firearm to the range, to hunt or for other lawful purposes, if it is "within the interior of a private conveyance, ..., if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25... Read more »
I also have Medical records that prove my blood sugar dropped to 34 so it was impossible for me to be competent. I've been trying to figure out why they punish me for everything. The judge kept me in jail for 4 months with no bond. Then she gave me a bond for 60,000 and all over a domestic I... Read more »
answered on Oct 28, 2022
I understand your position; however, I don’t see facts, in your discussion, that supports your claim. Generally speaking, if a judge shows bias, your lawyer should file a motion to recuse (remove the judge from your case). Assuming the facts warrant such a motion, you may wish to pursue an... Read more »
During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... Read more »
answered on Sep 29, 2022
There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.
answered on Sep 16, 2022
DUI with a Minor + Injury is very serious. The Broward County State Attorney's Office will prosecute the case with vigor. In addition to the criminal penalties, you have only 10 days from the date of arrest to attend to the administrative driver license suspension. You should contact a local... Read more »
answered on Jul 14, 2022
When you say "sobriety test", I'm not sure if you mean physical exercises or breath, blood, urine tests.
Officers will try to get you to perform the PSE's and don't ask for permission very often...they just sort of roll into it by saying something like, " I... Read more »
I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... Read more »
answered on Jul 12, 2022
Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... Read more »
answered on Jun 23, 2022
Police often mistakenly check the “not eligible” box on DUI citations, most often due to ignorance of eligibility requirements. However, a second DUI arrest, or current suspensions may make a driver ineligible. The local DHSMV office will identify eligibility. Contact them or have an attorney... Read more »
How do I deal with this if I don't live there? I won't be going to US anytime soon as currently working in Moscow.
Any information on how I can deal with this and close it down when not living in US would be appreciated.
answered on May 24, 2022
There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.
I was in an altercation with someone and they came from behind. The police then intervened and I did not realize they were the police until I was tased. They gave me a notice to appear of resisting without violence. Will this violate my probation and if so will my probation officer put me in jail?
answered on Apr 3, 2022
An arrest has the potential to violate your probation. Typically, you’re arrested for violation of probation when the probation officer discoverers the new offense; however, a judge will often set bond on the probation violation warrant. If it’s an on-site arrest, bond may be set at your... Read more »
I received a DUI 7 years ago. I got sober and went to school and am now in a special monitoring group called Professionals Resource Networking in order to hold a DOH license to work because of my past. I want to get my hardship license but cannot afford or have the time to do two substance... Read more »
answered on Feb 18, 2022
You can wait out the suspension and avoid the supervision program, however you still owe FLHSMV 2 years of IID and the higher insurance policy limits for three consecutive years.
answered on Nov 24, 2021
That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.
He has insurance I do not. I was not driving the vehicle. I was out of town and he hit it and tried to drive off. Was later arrested under a DUI. I just want my car fixed and idk what to do or who to call.
answered on Oct 13, 2021
Contact his insurance company and demand that it repair or replace your car.
My friend and I are debating a video in which a man in a parking lot, dumping garbage from his car into a dumpster, showed an officer his license. When the officer went to run the license for the man's info, he refused. He said he's a lawyer and knows his rights and the officer may not... Read more »
answered on Oct 7, 2021
Yes, you have to show your license, and yes the police officer can run your DL in their system. The statute is below. Pro-tip: don't pick up an arrest trying this theory out.
322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—... Read more »
Is there a statue of limitation on this
answered on Sep 14, 2021
Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... Read more »
answered on Sep 7, 2021
Based on your question you live in Florida but received a DUI in Michigan. As such you will have a criminal case to deal with in Michigan not in Florida. You will need to hire the best possible criminal lawyer in the area in Michigan where your case is pending. I'm assuming you have a... Read more »
I was not even able to submit evidence,p.d. said to late in the game,when I had been insisting from day one. I was arrested for d.u.i last August 10,2020,still have not been to trial,had nelson hearing,lost,p.d. lied saying I was not able to see evidence due to a technical issue on my part,What,?... Read more »
answered on Aug 4, 2021
Your facts suggest that there may be a problem other than your representation. Since you have not been to trial, you are still able to submit evidence at your trial. The fact that you were denied relief by the court indicates the PD was not ineffective as you were suggesting. You took the right... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.