Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kevin John Mawn
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 have... 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 »

Kevin John Mawn
Kevin John Mawn answered on Mar 18, 2019

Time to get a new lawyer. In the meantime, show up for court to prevent the issuance of a bench warrant.

View More Answers

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.

View More Answers

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 »

2 Answers | Asked in DUI / DWI for Florida on
Q: how much will it cost to hire a dui lawyer
Kevin John Mawn
Kevin John Mawn answered on Feb 5, 2019

The legal fees will depend on many factors. For example, the following may apply: the complexity of the case (number of witnesses, breath test, aggravating factors), the number of DUI priors, the experience of the lawyer, travel time to the courthouse, and whether the client is seeking a trial.... Read more »

View More Answers

1 Answer | Asked in DUI / DWI and Criminal Law for Florida on
Q: I was arrested on December 8, 2018 for DUI. Will I be going to jail?

At the jail the breath test registered a .00 on both tests. An urine sample was taken but I don't have the results. At the time of the arrest it was just for DUI. Then after I got out the next day, they said I have another charge of resisting arrest without violence. They searched me and the... Read more »

Kevin John Mawn
Kevin John Mawn answered on Dec 11, 2018

The answer to your question, for the DUI, depends on the urinalysis. If you do not have controlled substances in your system, then the State of Florida has no chance of proving Driving Under the Influence. If you test positive for controlled substances, the prosecutors will still have a difficult... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Do DUI penalties vary depending on how drunk the driver was?
Kevin John Mawn
Kevin John Mawn answered on Dec 1, 2018

If a breath test is .15 or greater , the penalties for a dui charge increase. Otherwise, your prior dui record is the only factor which will increase your sentence.

2 Answers | Asked in DUI / DWI for Florida on
Q: I got a letter in the mail 30 days ago to be A Habitual offender i hired a lawyer how many days doSe it take for a respo

From the judge

Kevin John Mawn
Kevin John Mawn answered on Nov 28, 2018

The judge’s time for a response depends on the complexity of the issues. If you have hired a lawyer, you should ask him or her for the appropriate timeline.

View More Answers

1 Answer | Asked in DUI / DWI for Florida on
Q: How soon can I get my license back after a drunk driving conviction?
Kevin John Mawn
Kevin John Mawn answered on Oct 25, 2018

Assuming no holds on your license, you are eligible for a business purpose only license as soon as you complete DUI level 1. If it is a second conviction within 5 years, you must take DUI level 2 and wait 1 year before seeking a BPO license.

2 Answers | Asked in DUI / DWI for Florida on
Q: first time DUI in FL. Went through the hardship process, drive now. Will I lose that for 12 months. Plus medical cause

So, essentially, I will lose driving benefits for an entire year?

Breathelizer was high, but I have multiple G/I problems. During my 20 minute resting/observation period I was allowed to lie on my back. Between the acid re flux issues, bleeding ulcers, and Esophageal varices... Read more »

Kevin John Mawn
Kevin John Mawn answered on Oct 12, 2018

If you have taken the breath test, you will lose your license for 6 months if it is s first offense. However, you are eligible for a business purpose only license once you sign up for DUI level one. If this is a second offense, you may wish to consult with the bureau of administrative review to... Read more »

View More Answers

2 Answers | Asked in DUI / DWI for Florida on
Q: If I get a DUI for drunk driving my car, will they take my boating license away, too?
Kevin John Mawn
Kevin John Mawn answered on Sep 25, 2018

Pursuant to Florida Statutes, your driving privilege will be revoked upon the entry of a plea to DUI. The statute doesn't make any reference to your boating privileges.

View More Answers

2 Answers | Asked in Criminal Law and Immigration Law for Florida on
Q: Entering USA after Voluntary Departure and a record? Marry to a US Citizen.

My husband was accused by his former wife of heat her in 2011. That case was dismissed but because he overstayed his visa, ICE took him to a Immigration Facility. He had a trial and the Immigration judge grant him a Voluntary Departure. We are living in his home Country since then (7 years... Read more »

Kevin John Mawn
Kevin John Mawn answered on Sep 19, 2018

Consultation with an immigration lawyer is your best option.

View More Answers

1 Answer | Asked in Criminal Law for Florida on
Q: My boyfriend was arrested while out on bond in another county. That bond was dropped. What do I do now?

He was out on bond in St Lucie County & arrested in Indian River County. I cant bond him out & the original bondsman dropped bond so he wont FTA. He is in IRC jail. He has court in st lucie Oct 1 & court in IRC Oct 3. I dont know what to do.

Kevin John Mawn
Kevin John Mawn answered on Sep 19, 2018

A new arrest is grounds to revoke the St Lucie County bond. In other words, even if you post the bond in Indian River, the prosecutor in St Lucie could ask the court to keep your boyfriend in jail until his trial date. By coming off the bond in St Lucie, your boyfriend is now receiving credit for... Read more »

1 Answer | Asked in Criminal Law and Car Accidents for Florida on
Q: Hit and run

What happened if a person hits a car but leaves the scene because they needed to go to work? He did not leave no insurance information or not he left but I got his tags info.

Kevin John Mawn
Kevin John Mawn answered on Sep 18, 2018

If you are involved in an accident, you may not leave the scene until you have fulfilled the requirements of Florida statutes. If the property is unattended, you must leave your contact information at the scene. Leaving the scene of an accident is a crime. You may wish to report the matter to... Read more »

2 Answers | Asked in Criminal Law for Florida on
Q: Is there a way for a client to give permission to his attorney to discuss the details of his case with a third party?

If the only way to give this permission is by granting said third-party power of attorney, could doing so potentially cause an issue in the future if the client is found guilty of his charges and wants to appeal this verdict

Kevin John Mawn
Kevin John Mawn answered on Sep 17, 2018

You can always give permission for your lawyer to discuss the case with a third party; however, discussing client confidences could breach the attorney-client privilege.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: I am trying to get my record sealed

Original charge was domestic battery it was dropped to simple battery. When filling out the application to get it sealed do I make the charge the simple battery since that is what it ended up being? It was a no contest plea with adjudication with held.

Kevin John Mawn
Kevin John Mawn answered on Sep 17, 2018

Yes, the charge you pleaded to is the charge you are trying to seal. In order to seal, you can have no adjudications of guilt on your record.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: My husband is convicted of a burglary battery and offense on a police dog. What's the minimum time and maximum time

He could be facing

Kevin John Mawn
Kevin John Mawn answered on Sep 17, 2018

Assuming a downward departure from the guidelines, he could receive as little as probation. However, the guidelines suggest a minimum of prison to a maximum of life.

View More Answers

2 Answers | Asked in DUI / DWI for Florida on
Q: How long will a driver lose his license if he's a first time DUI offender?
Kevin John Mawn
Kevin John Mawn answered on Sep 14, 2018

6 months to one year in addition to any administrative suspension imposed for refusing a breath test or blowing over the legal limit. First time offenders are generally eligible for a business purpose only license.

View More Answers

2 Answers | Asked in Criminal Law for Florida on
Q: What rights do I have as a witness when I seen whole situation and could of had it dropped?

State made it where I couldn't so right there that would be violating a constitution right on my part, because my side would of had it dropped since I was going against a cop that was in the wrong with misconduct I was pushed out of the whole case

Kevin John Mawn
Kevin John Mawn answered on Sep 14, 2018

Your rights as a witness are limited to simply telling the truth. Remember, it is the State of Florida vs the Defendant. If you are a victim, the State will consider your wishes but not necessarily abide by such wishes.

View More Answers

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.