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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jean Richardson
Jean Richardson answered on Feb 5, 2020

You can always write to the Judge, but be careful because there is no attorney/client privilege between you and the Judge. In other words, you might be incriminating yourself. I suggest you speak to your attorney or request another Public Defender if you cannot afford to hire a private attorney.... Read more »

1 Answer | Asked in DUI / DWI for Florida on
Q: Is it possible to write the judge a letter pleading my case in DUI, I have a public defender who has not been helpful
Jonathan Blecher
Jonathan Blecher answered on Jan 30, 2020

That's not how trials work. Evidence has to be presented in court, with both sides (State and Defense) given an opportunity to cross-examine witnesses. If you have an attorney, the judge will simply pass along the letter to that lawyer. If you insist on this, be careful what you write.

3 Answers | Asked in Criminal Law and DUI / DWI for Florida on
Q: I was charged with reckless driving reduced from DUI back in 2012. Is there a way to get it wiped from my record now

It was my first offense. I've heard of cases where they offer a clean record after completing court appointed classes and fines. I was not offered this. Is there anyway to fix this now?

Jonathan Blecher
Jonathan Blecher answered on Jan 11, 2020

Possibly. If you received a withhold of adjudication on the reckless, you may be eligible for a record sealing. Contact an attorney to discuss your options. It's a simple process to look up your case online.

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1 Answer | Asked in Criminal Law, DUI / DWI and Family Law for Florida on
Q: Is a probationers compliance or status public record?

For example, assuming I know their PO and call their office/ email, can they tell me if a current probationer is in compliance with their terms, attending court ordered substance abuse classes, paying fees, and/or completeing community service.

Jonathan Blecher
Jonathan Blecher answered on Dec 12, 2019

I doubt a probation officer would disclose any information unless you were the attorney, court official or had a release/power of attorney from the probationer.

1 Answer | Asked in DUI / DWI for Florida on
Q: When arrested for DUI or felony drug charges, must you appear at the arraignment or can a public defender go to court
Jonathan Blecher
Jonathan Blecher answered on Nov 30, 2019

Rules of procedure allow for a Defendant’s lawyer to waive their client’s appearance at the arraignment. Just be sure the PD has filed the appropriate paperwork in advance of the hearing. Some judges may have their own set of rules. Be careful about that, too.

Good luck.

1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: My fiance violated his pre trial release by getting arrested for a DUI. That was a month ago and the charges

haven’t been for the DUI yet. He was wrongfully arrested. I filed a complaint with internal affairs against the arresting officers at my local sheriffs stations and I also reported it to the Department of justice and the State attorneys office. What happens now? Will this be useful to reinstate... Read more »

Gary Kollin
Gary Kollin answered on Oct 8, 2019

I do not know what you believe happened that you believe h was wrongfully arrested.

The Department of Justice is not going to get involved.

The suggestion: Retain counsel

1 Answer | Asked in DUI / DWI for Florida on
Q: I was wrongfully arrested for dui. What should I do?
Corey I. Cohen
Corey I. Cohen answered on Oct 8, 2019

Hire a lawyer to expose the cops for liars if you were not dui.

1 Answer | Asked in DUI / DWI for Florida on
Q: What are penalties for violation of ignition interlocking device prior to taking a plead deal

First dui taking plead of 12 months probation 75 cumunity hours and 6 months interlocking device but prior to taking plead real I violated my device what should I expect to happen

Ajay Pallegar
Ajay Pallegar answered on Sep 16, 2019

Depends on whether it was a violation of a court or administrative order or if it was simply an agreement between your attorney and the prosecutor. I would contact your attorney to discuss your options.

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 »

Matthew J. Olszewski
Matthew J. Olszewski answered on Mar 18, 2019

I would keep trying to contact the attorney and/or his/her office. April 9th is still a ways away, so you have some time. If you still don’t hear back, try stopping by the attorneys office to make sure everything is ok. But the bottom line is, if you are worried about court, it’s always safest... Read more »

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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... 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 »

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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 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 Criminal Law and DUI / DWI for Florida on
Q: Wife told police husband had a gun they stop him dui and found gun where wife said no complaint was filed by wife can

That be used in court can the police tell who told them

Gary Kollin
Gary Kollin answered on Dec 5, 2018

Yes. The police can reveal who told them. No matter what if it was a valid stop for DUI then they had the right to arrest him and to tow his car

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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1 Answer | Asked in Criminal Law and DUI / DWI for Florida on
Q: I am in FL. We requested motion to modify probation. It appears to have been granted in the Ordered and Adjudged statemt

But the judge checked the denied box. Was this just an error?

Gary Kollin
Gary Kollin answered on Nov 9, 2018

I answered this question on AVVO

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.

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