Questions Answered by Jason M. Melton Esq.

Q: My uncle and I went to bar and got drunk. Bartender kept giving us beer. Can we sue for crashing while driving home?

2 Answers | Asked in DUI / DWI for Florida on
Answered on Dec 2, 2010

Your question is basically a question about what are called DRAM SHOP actions. In Florida, a bar could be sued, even by the person who may have been at fault for the accident, for the resultant damages caused by their lack of sobriety if it was caused:

1) by some kind of negligence in allowing the person to drink there in the first place - i.e. the person was 16 years old and nobody ever asked the individual for identification; or

2) serving what is called an "habitual drunkard"...

Q: I have an out of state warrant for not finishing probation on a dui, can i still get my original ticket number without g

2 Answers | Asked in DUI / DWI for Florida on
Answered on Dec 2, 2010

You will probably need the help of an attorney's office to get it for you, so that you are not arrested at the clerk's office.

You need to know that warrants are like that girlfriend or boyfriend that you regret dating in high school. At some point, you must confront the warrant and handle it. To continue that bad analogy - you cant just ignore the warrant in the hallways - you have to deal with it. I have had clients who have been stopped and placed in custody on several different...

Q: If I was arrested with BSO, but my jurisdiction was transferred to Dade, who is my arresting agancy?

1 Answer | Asked in Criminal Law for Florida on
Answered on Dec 2, 2010

Im curious why you are asking this question. That aside, if you were arrested by BSO, but your case in being handled in Miami-Dade County, the arresting agency is still BSO. The officers from Broward will likely testify in your trial in Miami-Dade and they will still swear to the information contained in any information required for your case.

That said - it's possible your case was being handled by both agencies as a part of some kind of joint task force. I dont really have a lot to...

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