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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: what will be my probable outcome of a first offense DUI with a .3 BAC and a car accident?
Rod Caruco
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answered on Apr 1, 2024

The answer varies, but depending on the specific facts, the consequences could be quite serious. This includes potential jail time, fines, costs, and more. There may also be a negative impact on your driving privileges. There are ancillary costs too, such as increased insurance rates, higher... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: Is weed smoke probable cause for a traffic stop? And why don’t police have to have their Dash Cam on during stops?

Typo. Don’t have to have their dash cam activated

Jeffrey H. Garland
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Jeffrey H. Garland
answered on Mar 22, 2024

Yes, marijuana smoke is probable cause for a car search. Usually, the odor of marijuana smoke is detected after a car stop for some other reason. A medical marijuana card does not allow consumption in a vehicle. While the odor of burnt marijuana may persist from previous use, the presence of... View More

2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
Terrence H Thorgaard
Terrence H Thorgaard
answered on Feb 22, 2024

The judgment was recorded, so as to constitute a lien on whatever real property you might own. A satisfaction of judgment means that the judgment has been paid. The recording of the satisfaction means that any real property is now free of any such lien.

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2 Answers | Asked in DUI / DWI for Florida on
Q: What does satisfaction of judgment book 6285 page 1896 mean? It was on my case page online.
Jonathan Blecher
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answered on Feb 22, 2024

Clerk's offices use that number system to file judgments and other documents so they (and the public) can locate them. If you want to see it or get a copy, most Clerk's offices have an online portal. If not, you will have to go to their office.

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Wanting to know a quote on a price for a DUI, revoked license and VOP.

My son was out on probation from a dui/manslaughter from 2014 where he did 8.5 years and 5 years on probation. While on probation last week he was arrested again for DUI, Revoked license and VOP wanting to know a quote to represent him and what he might be lookin at.

Robert Arnold Melchiorre
Robert Arnold Melchiorre
answered on Jan 19, 2024

This goes without being said that this is a serious matter. However, I personally would want to know more about both the underlying case(DUI manslaughter) and the new DUI case before quoting a price. For example, I would want to know the victim's position on this matter, is the new DUI case... View More

1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: What happens when I get a driving with a suspended lic after my dui over a year ago

I think I have enough money saved to get my iid and insurance to reinstate them is this a good idea

T. Augustus Claus
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answered on Dec 27, 2023

If you are caught driving with a suspended license in Florida more than a year after a DUI, it indicates a serious violation. While you may have saved enough money to obtain an Ignition Interlock Device (IID) and reinstate your insurance, it's crucial to approach this situation carefully.... 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
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

As my colleagues have stated, as a Criminal Defendant you are entitled to: 1. hire your own lawyer at your own expense; 2. have an attorney appointed by the court to defend you if you cannot afford to hire one (except in infractions or traffic matters- where your freedom is not at risk); or 3.... View More

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1 Answer | Asked in DUI / DWI and Traffic Tickets for Florida on
Q: Do bail Bond conditions from your state apply to other states if you travel?

I've been on bail bond now for a year and the case has yet to be filed (Criminal information / Boating While Intoxicated) in Texas. I've since moved to Florida and changed all my registrations and Driver's license to Florida. Do the bond conditions from Texas still apply to me in... View More

Jonathan Blecher
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answered on Jun 20, 2023

Your open case could show up on a police check of your ID if you get pulled over and might subject you to some scrutiny-particularly a DUI arrest. More likely if you're on probation. Simply notifying the court of your change of address may be insufficient and should require a signed Order... View More

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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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

Jonathan Blecher
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answered on May 18, 2023

You need to contact a DUI program in Florida and request a transfer of DUI school supervision/treatment to your home state. The Florida school will advise you which school and treatment provider in your area will satisfy Florida's requirements, will communicate with the NV program, and will... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: If I got a 2nd DUI offense in 9/30/18 and got sentenced to jail time in 3/7/19 , when do I start to count for 5 years

When do I start counting from for the 5 years to be up

Jonathan Blecher
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answered on Feb 2, 2023

If you are referring to the 5-year license revocation period, it will last for 5 years from the date of release from incarceration. You will need to provide DHSMV with the release date on a DHSMV form signed by the jail.

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

Charles M.  Baron
Charles M. Baron
answered on Jan 28, 2023

You have potential claims against the arresting officer and his/her employer if your criminal case had any of the following outcomes: No Information, Nolle Prosse (or Nolle Prosequi), Dismissal by the Court, or Acquittal (not guilty verdict) by the Court. If you entered a no contest (or nolo... View More

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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

Michael Olowu
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answered on Jan 23, 2023

No, the DUI ticket cannot be dismissed for that purpose alone. On the other hand, a gifted lawyer can explore this discrepancy in the ticket to attack the officer's credibility at trial. Additionally, a lawyer may be able to review the ticket and report to see if there are more discrepancies... View More

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1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: I got a DUI in New Jersey in 1987, and moved to Florida in 2020 and my application for conceal carry was rejected, why?

I got a DUI in New Jersey in 1987, and they added a eluding charge (2c:29-2b). This is the only blemish on my record. I moved to Florida in 2020 and took a Conceal Carry training course and applied for my permit and was rejected by the FBI. State law says I can still buy a weapon, but how do I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Dec 10, 2022

You can lawfully transport your firearm to the range, to hunt or for other lawful purposes, if it is "within the interior of a private conveyance, ..., if the firearm or other weapon is securely encased or is otherwise not readily accessible for immediate use." See Florida Statute 790.25... View More

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

1 Answer | Asked in DUI / DWI for Florida on
Q: A friend was arrested for a misdemeanor dui in Florida today. Why are they still holding him 12 hours later?

This happened around 3 am this morning in Pinellas County Florida. He passed the breathalyzer and voluntary urinalysis, yet was still arrested and charged. He was sleeping in his car in a parking lot near his work site waiting for his shift, when he was woken by several LEOs. They have not stated... View More

Lance Wayne Dunford
Lance Wayne Dunford
answered on May 16, 2024

Hello, I hope you have found an answer to this question- understanding it was posed a few days ago, though I am just seeing it.

The best advice I can give you, if you haven't already is reach out to a local attorney in Pinnellas County directly. They would have the most intimate...
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2 Answers | Asked in DUI / DWI, Civil Rights and Criminal Law for Florida on
Q: I was accused of DUI, Speeding, resisting arrest without violence and a improper tag. I was taking to jail on private

Property. Again, no Miranda Rights read to me while I'm being taken to jail. All my charges was dismissed. So, I still don't have a case?

Jonathan Blecher
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answered on May 22, 2023

If all your charges were dismissed what is your question?

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1 Answer | Asked in DUI / DWI for Florida on
Q: If i apply for a conceal and carry license,and had a DUI.38Yrs Past,should it count against me.
Jonathan Blecher
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answered on May 9, 2023

If you want to apply for a CWP a 38-year-old DUI conviction will not prevent issuance of a CWP. However, after July 1 the new law regarding permit-less concealed carry becomes effective. Additionally, one DUI conviction 38 years ago will not disqualify you from concealed carry, if you are otherwise... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: I'm being told that I have to start my 2 year iid sentence over because I had heart surgery and can't continue?

I'm being told that I have to start my 2 year iid sentence over with 5 months left because I had heart surgery on 1/6/23 and can't continue at the present moment? Is this legal? My heart condition is out of my control and I was doing everything that was asked of me with no violations.... View More

Jonathan Blecher
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answered on Jan 20, 2023

You owe the State 2 consecutive years with an IID. How does your heart surgery recovery prevent you from having the IID installed on your car?

1 Answer | Asked in DUI / DWI for Florida on
Q: Can blood work be suppressed if an officer did not provide an option for a voluntary breathalyzer?

During a DUI arrest while visiting Florida, I was brought to the hospital for chest pains. 20-30 minutes prior to being discharged from the hospital, the officer said a breathalyzer was no longer an option (we were there for approximately 3 hours, his station was 5-10 minutes from the hospital),... View More

Jonathan Blecher
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answered on Sep 29, 2022

There's a myriad of issues present in this fact pattern. I'm not licensed in California, so I can't offer you an opinion on the nuances of CA law which may apply. I suggest STRONGLY, that you retain an attorney in your area to defend you.

Good Luck.

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