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Questions Answered by Jonathan Blecher

1 Answer | Asked in DUI / DWI for Florida on

Q: What am I required to say if a police officer pulls me over and asks me if I've been drinking?

Jonathan Blecher answered on Mar 13, 2018

You don’t have to answer any questions and can simply provide the officer with your license, registration and insurance. Do you really think that anything you say is going to help you? It won’t, and if the cop thinks you’re impaired, you’re going to jail no matter what you say or do, so... Read more »

1 Answer | Asked in Criminal Law for Florida on

Q: In Florida law when can "The State" be the "victim" of a crime VS a individual person excluding domestic violence.

By example, F.S. 877.03 Breach of the peace; disorderly conduct. - Two people call in about a fight in the street between two non related males. Officers arrive, interview both parties and arrest one or both for Disorderly Conduct. The two witnesses are interviewed, provide sworn statements but... Read more »

Jonathan Blecher answered on Mar 2, 2018

The State is always the party bringing the charges, and "victims" are merely witnesses, or essential witnesses to the crimes. Where the State is truly the "victim" is in economic cases like worker's comp fraud or insurance fraud or theft of public funds. But in reality, the "people" are the victims.

1 Answer | Asked in Criminal Law, Products Liability, Federal Crimes and Identity Theft for Florida on

Q: Hello, I’m starting a medical club and want to have personalized/customized scrubs as our club shirt. Is it a problem?

Problem as in we get a fine, commit a crime/felony, or if it is possibly considered impersonating a physician. The club members will only be wearing the shirts in our clubs and Club community service events and have a logo on the back which will distinguish the shirts as not being actual medical... Read more »

Jonathan Blecher answered on Feb 12, 2018

As long as you're not practicing medicine, treating patients or holding yourself out as a licensed doctor, I think you're OK. I have a Halloween costume with a white lab coat that says, Dr. Ben Dover and I wear scrubs underneath.

1 Answer | Asked in DUI / DWI for Florida on

Q: Can a case get dismissed if the name on the DUI citation is different than the name on the official case

They misspelled my middle name. The spelling on my citation is different than the name that was booked in the jail. Therefore The case is State of Florida vs Wrong Name. I am looking for a technicality to dismiss the case.

Jonathan Blecher answered on Feb 12, 2018

It's not that easy. Technical errors like those are allowed to be cured by amendment and are not fatal to the State's case. Additionally, they have your booking photo and the arresting officer will ID you in court, so that's not going to help.

Focus on the merits of the State's case with...
Read more »

2 Answers | Asked in DUI / DWI and Landlord - Tenant for Florida on

Q: Can one of 2 Tennant's on lease be evicted due to late payment?

We are both in the lease and have split up, we told the landlord and they said they will terminate the lease if we leave and pay one more months rent. She is refusing to pay and I already paid my half, can they just evict her and terminate my end of the lease?

Jonathan Blecher answered on Jan 25, 2018

Re-post this question only in the Landlord/Tenant category.

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2 Answers | Asked in Civil Litigation and DUI / DWI for Florida on

Q: officer lied and arrested me for DUI case was dismissed (suppressed evidence) how do I get my legal fees and fines back

spent over 8 thousand dollars.

Jonathan Blecher answered on Jan 23, 2018

Highly unlikely, unless you can successfully sue for false arrest. The standard of proof for that type of lawsuit is very high to get any recovery and you'll have to find a lawyer willing to take it on.

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3 Answers | Asked in DUI / DWI for Florida on

Q: DUI case,Judge withheld adjudication,no points added,no conviction will show on driving record.Whats that mean?

Jonathan Blecher answered on Jan 5, 2018

A judge cannot withhold adjudication on a DUI charge. It's illegal. Now, if the DUI was reduced to reckless driving, for example, a judge could withhold adjudication of guilt.

A withholding of adjudication simple means that no conviction was imposed for a charge after a plea of guilty or...
Read more »

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1 Answer | Asked in DUI / DWI for Florida on

Q: If I get a second DUI, is that a felony?

Jonathan Blecher answered on Dec 1, 2017

A second DUI is normally not a felony, unless there is serious bodily injury or death. Sometimes the driver is also charged with felony DWLS, if they are driving on a habitual traffic offender suspension.

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on

Q: I got pulled over for DUI and had a suspended license. What should I do before I appear in court?

Jonathan Blecher answered on Nov 13, 2017

You have only 10 days from the date of arrest to deal with the administrative suspension of your license, which is different than the pre-existing suspension. You should speak with a lawyer ASAP.

1 Answer | Asked in DUI / DWI for Florida on

Q: My son refused a breathalyzer after he got pulled over last night - what's going to happen to him?

Jonathan Blecher answered on Nov 1, 2017

The most immediate issue is that his license is suspended for one year. You only have 10 days to file an appeal of that suspension with DHSMV.

Next, he has the criminal case is court to deal with. You should consult a local DUI defense lawyer to discuss your options.

Good Luck.

1 Answer | Asked in Criminal Law for Florida on

Q: Can a Florida lawyer help with a situation in Georgia or no

Jonathan Blecher answered on Oct 23, 2017

It's possible to have an out of state lawyer admitted pro hac vice provided he has local Georgia counsel appearing with him.

1 Answer | Asked in DUI / DWI and Employment Discrimination for Florida on

Q: Question about DUI and employment

If a person has a contract for future employment in FL and is convicted of a DUI, is that justification for the employer breaking the contract for "just cause"?

Jonathan Blecher answered on Oct 19, 2017

The terms of the contract will control, and the contract start state itself may be contingent upon a background check. You should show the agreement to an attorney, but it sounds like you never really started so "just cause" might not even apply.

1 Answer | Asked in DUI / DWI for Florida on

Q: Dui

I got a dui in 2015, my 3rd dui, 2 in PA, one down here, I got 10 years lose of license. I'm eligible right now to get my hardship license but my work wants me to be a foreman but to be a foreman you have to have a license and I know I'm not going to have to get a blow and go in the vehicle... Read more »

Jonathan Blecher answered on Oct 2, 2017

Possibly. If you are required to use a company vehicle for work, you can get around the IID requirement, provided that your employer is aware. You should have a full consultation with an attorney before you make any moves with DHSMV..

GOOD LUCK!

1 Answer | Asked in DUI / DWI for Florida on

Q: I was at a bar when the latest hurricane struck and had had a drink or two. I was trying to drive to safety when I got

pulled over. Is this an extenuating circumstance that might reduce my DUI penalty?

Jonathan Blecher answered on Oct 2, 2017

Very possible. You'll need to consult an attorney who specializes in DUI cases right away.

1 Answer | Asked in Criminal Law and Traffic Tickets for Florida on

Q: How do I properly word the letter to my judge?

I've recently been stopped and arrested for driving without a license. I was assigned a court date but I unfortunately missed it due to the fact that I work an over night job with a lot of hours. Between fatigue and stress at home lately I forgot and woke up a bit too late. I understand its not a... Read more »

Jonathan Blecher answered on Sep 20, 2017

Call the judge's office and ask to reset the case. If they want it in writing, make it simple.

1 Answer | Asked in Criminal Law for Florida on

Q: I made the biggest mistake in my life by getting caught and charged with amphetamine and possession of drug equip.

First charged in my life, I admitted everything to the cops and now my job, my gf, my career are in jeopardy. I haven't slept since I got out of jail, I don't have the money to hire a lawyer. Is there anyway you can help me by not getting sentence with jail. Please!!!

Jonathan Blecher answered on Sep 17, 2017

Justia isn't a lawyer referral service or a pro bono (free lawyer) service. You should try to get a Public Defender appointed to represent you.

Good Luck.

1 Answer | Asked in DUI / DWI for Florida on

Q: What happens if I get a DUI in FL while I'm there on vacation? I live across the country in California.

Jonathan Blecher answered on Sep 6, 2017

There are a lot of things happening here. First, you have driver license issues with the FL-DHSMV and you you have the criminal case in court. If you simply don't appear, the court will issue a warrant for your arrest.

Since there's so much information you need to have, I strongly suggest...
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2 Answers | Asked in Criminal Law, Elder Law and Juvenile Law for Florida on

Q: If I'm 13, and a 40 year old woman got into my face threatening me can I hit her and if I did what would happen

I hit her son with a pillow so she got into me and my friends face threatening us

Jonathan Blecher answered on Aug 19, 2017

No, you can't hit her. What are you 13?

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