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 27, 2023
It is best to consult with a civil attorney who handles this type of claim.
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 24, 2023
The simple answer is no. However, it may be used during cross examination to show the officer does make mistakes.
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 »
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 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 »
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 »
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 »
answered on Mar 24, 2020
The answer may depend upon the State where the DUI occurred. In Florida, a DUI offense requires a conviction; thus, your answer to the question would be yes. In order to answer this question correctly, you should consult with the lawyer that handled your case.
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
answered on Feb 28, 2020
He should receive credit from the time the hold is placed on your fiance. If he enters a plea to the charge in Polk county, he needs to bring the out-of-county credit to the attention of the court. The clerk will only advise the court of the credit for time served once he reaches Polk County.... Read more »
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.
answered on Feb 25, 2020
Whether the police have sought the blood alcohol level of your brother may be irrelevant. If the State of Florida suspects a DUI, they may seek a subpoena to obtain your brother's hospital records in order to determine the Blood Alcohol Level (BAL) at the time of treatment. Although this is... Read more »
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 »
answered on Aug 8, 2019
Contact your lawyer for this answer. Otherwise, we are simply speculating.
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 »
answered on Mar 19, 2019
The safest way to answer your question is to contact the DMV to determine if the license is valid.
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 »
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.
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.
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 »
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 »
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... Read more »
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 »
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.
From the judge
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.
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.
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 »
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 »
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