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2 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Appeals / Appellate Law for Florida on
Q: I was convicted of a dui back in 2012 and it's my first conviction in fl how do I do the dui class if I live in nv

I have completed mental health program in nv can fl accept it as I did a substance abuse treatment

Kevin John Mawn
Kevin John Mawn
answered on May 10, 2023

You should contact the Bureau of Administrative Review, in Florida, to determine if your NV class will meet the requirements of Florida’s DUI level 1 school. Unless you live or work in a Florida County, you are prohibited from taking the FL DUI level 1 class. Thus, out of State classes should be... View More

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1 Answer | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Domestic Violence for Florida on
Q: I have a disc of the court day my Judge was Bias and my private attorney broke confidentiality on my case.

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... View More

Kevin John Mawn
Kevin John Mawn
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... View More

3 Answers | Asked in Criminal Law, DUI / DWI, Employment Law and Family Law for Florida on
Q: I have a criminal case where I was setup and I need a criminal defense attorney like a pro bono where can. I FIND ONE
Kevin John Mawn
Kevin John Mawn
answered on Jul 5, 2023

You should ask the court to appoint the Office of the Public Defender to handle your case. The PD office charges an application fee of $50.00 and potentially seeks a lien, for their services, at the end of the case. The request for a lien may vary from office to office.

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3 Answers | Asked in Criminal Law, DUI / DWI, Traffic Tickets and Civil Rights for Florida on
Q: Can I sure for wrongful arrest if charges were dropped ? “No le contest” i believe is the term .

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... View More

Kevin John Mawn
Kevin John Mawn
answered on Jan 27, 2023

It is best to consult with a civil attorney who handles this type of claim.

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3 Answers | Asked in DUI / DWI for Florida on
Q: Can dui ticket be dismissed if the officer said no passenger on citation but there was a passenger?

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... View More

Kevin John Mawn
Kevin John Mawn
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.

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2 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I am probation for a DUI. I live in the state of Florida. I have completed 9 months of my probation.

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?

Kevin John Mawn
Kevin John Mawn
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... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: What if public defender did nothing at all for my case,case, was not able to see any evidence state has,?

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,?... View More

Kevin John Mawn
Kevin John Mawn
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... View More

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... View More

Kevin John Mawn
Kevin John Mawn
answered on Apr 7, 2020

The public defender’s office.

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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... View More

Kevin John Mawn
Kevin John Mawn
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.

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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

Kevin John Mawn
Kevin John Mawn
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.... View More

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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.

Kevin John Mawn
Kevin John Mawn
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... View More

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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... View 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... View 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... View 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.

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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... View 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.... View More

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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... View 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... View 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.

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