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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: DUI in 2013. Never fished interlock due to boating. How can I now get my DL back in FL? Interlock was removed.

I was at sea for a long time, and now I have no clue how to get my DL back. Is there a statute of limitations, or what will I have to do to regain my DL? Please HELP!!!

Jonathan Blecher
Jonathan Blecher answered on Apr 29, 2020

Whatever time you owe FLHSMV with an IID on your car still must be served...consecutively. No statute of limitation.

You can't do three months here and there, either.

Once you get the IID installed, you should be eligible for a hardship permit, or perhaps a regular license...
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2 Answers | Asked in DUI / DWI for Florida on
Q: Hello, received a DUI in Feb. Is there an attorney who can take my case pro bono? Am unemployed at the time. Thank you.

I refused the breathalyzer and field sobriety test. This is my first offense. Totally clean record up until this. I am unemployed. My company shut down due to COVID. I simply don't have the money required to pay at this time. Maybe set up a long-term payment plan if there is no pro bono... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 7, 2020

We can't solicit or offer our services through this portal, however there are many directories of DUI attorneys in your area. I suggest you check out the National College for DUI Defense, AVVO, and FindLaw. Search for DUI lawyers in your area. Good Luck.

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2 Answers | Asked in DUI / DWI for Florida on
Q: I had a DUI (MISDEMEANOR) back in 2014. The record says “ADJUDICATED GUILTY BY COURT” but then it says “DISMISSED”

316.193(1) TCATS - DUI (MISDEMEANOR)

I did 12 months probation, victim panel, and all requirements.

Does the “dismissed” after adjudication means the case was dismissed or is it a normal process of the court - adjudication, fines/punishment, then “dismissed” to close the... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 23, 2020

In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I was driving and was going around a curve and my purse fell i picked it up and my truck swiped the light post.

I had no idea i had to call since there were no other vehicles or no people involved. I went to the closest store where i found out some one behind me had called and followed me and told the cops were i was. I was then approched by 5 officers who asked what happened and i told the truth and... Read more »

Carey Wagner Meldon
Carey Wagner Meldon answered on Mar 11, 2020

From what you describe it appears the government WOULD have a plausible DUI "case" against you.

You have a few different questions that need answers:

1) Did the police officer have a lawful basis to make contact with you? It sounds (without further information) that the...
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1 Answer | Asked in DUI / DWI for Florida on
Q: He has no new charges from dade county

My fiance was arrested trying to get a background check because of the warrent he was no giving a bond and the misdemeanor warran is a vop because he didn't finish pay his court fees so will it still count or will he have to sit in polk county jail to after begin transfered

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

Yes unless he is able to get a bond from the judge. If he hires a lawyer they can file a bond motion and try to get you out.

3 Answers | Asked in DUI / DWI for Florida on
Q: Will it count as time served

My fiance is in jail in Miami dade county on a misdemeanor out of county warrant for polk county he have been sitting in jail now for 1 week polk county has until March 11 to come transferre him if and when they do will all this time he is doing in dade county jail count as time served

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

If you posted bond for his Miami case and he is only sitting in jail on the polk warrant, then yes he will get credit.

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3 Answers | Asked in Car Accidents, Criminal Law and DUI / DWI for Florida on
Q: If you’re in a single vehicle car accident & you hurt yourself bad do the cops automatically test for alcohol?

My brother crashed his car into the woods & was taken to the hospital. He totaled the car too & he has been in the hospital for 5 days now. Do the police automatically test your blood for alcohol in these scenarios? He was the only person in the car & the only person injured.

Jean Richardson
Jean Richardson answered on Feb 25, 2020

When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway... Read more »

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1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jean Richardson
Jean Richardson answered on Feb 5, 2020

You can always write to the Judge, but be careful because there is no attorney/client privilege between you and the Judge. In other words, you might be incriminating yourself. I suggest you speak to your attorney or request another Public Defender if you cannot afford to hire a private attorney.... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jonathan Blecher
Jonathan Blecher answered on Jan 30, 2020

That's not how trials work. Evidence has to be presented in court, with both sides (State and Defense) given an opportunity to cross-examine witnesses. If you have an attorney, the judge will simply pass along the letter to that lawyer. If you insist on this, be careful what you write.

3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Jonathan Blecher
Jonathan Blecher answered on Jan 11, 2020

Possibly. If you received a withhold of adjudication on the reckless, you may be eligible for a record sealing. Contact an attorney to discuss your options. It's a simple process to look up your case online.

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1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

1 Answer | Asked in DUI / DWI for Florida on
Q: When arrested for DUI or felony drug charges, must you appear at the arraignment or can a public defender go to court
Jonathan Blecher
Jonathan Blecher answered on Nov 30, 2019

Rules of procedure allow for a Defendant’s lawyer to waive their client’s appearance at the arraignment. Just be sure the PD has filed the appropriate paperwork in advance of the hearing. Some judges may have their own set of rules. Be careful about that, too.

Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: My fiance violated his pre trial release by getting arrested for a DUI. That was a month ago and the charges

haven’t been for the DUI yet. He was wrongfully arrested. I filed a complaint with internal affairs against the arresting officers at my local sheriffs stations and I also reported it to the Department of justice and the State attorneys office. What happens now? Will this be useful to reinstate... Read more »

Gary Kollin
Gary Kollin answered on Oct 8, 2019

I do not know what you believe happened that you believe h was wrongfully arrested.

The Department of Justice is not going to get involved.

The suggestion: Retain counsel

1 Answer | Asked in DUI / DWI for Florida on
Q: I was wrongfully arrested for dui. What should I do?
Corey I. Cohen
Corey I. Cohen answered on Oct 8, 2019

Hire a lawyer to expose the cops for liars if you were not dui.

1 Answer | Asked in DUI / DWI for Florida on
Q: What are penalties for violation of ignition interlocking device prior to taking a plead deal

First dui taking plead of 12 months probation 75 cumunity hours and 6 months interlocking device but prior to taking plead real I violated my device what should I expect to happen

Ajay Pallegar
Ajay Pallegar answered on Sep 16, 2019

Depends on whether it was a violation of a court or administrative order or if it was simply an agreement between your attorney and the prosecutor. I would contact your attorney to discuss your options.

1 Answer | Asked in DUI / DWI for Florida on
Q: My attorney informed me after our first convo that we needed to plead out on the first court date to prevent the other

Side having enough time to pull further records. This date is in a few days and his assistant informed me that now I don't need to be there, but I wasn't given a reason why or have any idea what that might mean. Any advice or ideas? I tried to get an answer as to why all the sudden things... Read more »

Kevin John Mawn
Kevin John Mawn answered on Aug 8, 2019

Contact your lawyer for this answer. Otherwise, we are simply speculating.

1 Answer | Asked in DUI / DWI for Florida on
Q: In Florida, is a license revoked immediately after a DUI conviction or is that part of the sentencing phase?

A friend was convicted on three counts last week: DUI with serious bodily injury to another, DUI with damage to property, and reckless driving. The sentencing hearing is scheduled for the end of next month but he said that he was given is license back recently. Before I make a fool of myself I just... Read more »

Kevin John Mawn
Kevin John Mawn answered on Mar 19, 2019

The safest way to answer your question is to contact the DMV to determine if the license is valid.

2 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: Haven't heard from my lawyer in three weeks have called texted numerous times to get an update. What do I do

I received a letter stating I need to appear in court for domestic violence April 9th at 1:30 cannot contact him to find out if I need to be there or he will appear for me as he has done in the past but I cannot reach him or get an update on what is going on. The domestic took place in September... Read more »

Matthew J. Olszewski
Matthew J. Olszewski answered on Mar 18, 2019

I would keep trying to contact the attorney and/or his/her office. April 9th is still a ways away, so you have some time. If you still don’t hear back, try stopping by the attorneys office to make sure everything is ok. But the bottom line is, if you are worried about court, it’s always safest... Read more »

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2 Answers | Asked in DUI / DWI for Florida on
Q: Do the DUI level 1 classes drug test in Melbourne FL
Kevin John Mawn
Kevin John Mawn answered on Mar 4, 2019

Traditionally, drug or alcohol testing is only a condition of your sentence or possibly your bond. The testing is performed at the probation office in Rockledge.

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1 Answer | Asked in DUI / DWI for Florida on
Q: hi if someone gets arrested for DUI can they drive until conviction or dissmissed
Kevin John Mawn
Kevin John Mawn answered on Feb 5, 2019

In Florida, the answer to your question depends on a number of factors. For example, if this is a first offense, you must sign up for DUI level 1 school and apply for an administrative review hearing, within 10 days, to obtain a business purpose only license. In the alternative, you may contest... Read more »

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