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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI, Estate Planning and Family Law for Florida on
Q: it my birthday in 18 days yeet

it my birthday in 18 days

Phillip William Gunthert
Phillip William Gunthert answered on Sep 11, 2020

Now you are officially an adult, you can vote and you can be drafted but you still cant have a drink until 21, you can enter into contracts, get a job and pay your own bills and go to college or both, there is a lot to think about and upon the horizon, do not rush into anything too quickly.

1 Answer | Asked in DUI / DWI for Florida on
Q: What is the legal BAC limit in a private vehicle as a CDL holder in Florida? Google yields contradictory information.

Most drivers I know claim its .02, but I cant find anything to verify this.

Jonathan Blecher
Jonathan Blecher answered on Jun 25, 2020

.04, half of the legal limit for Class E licensees. A CDL holder is subject to disqualification, even if operating a non-commercial motor vehicle

2 Answers | Asked in DUI / DWI for Florida on
Q: How can I get my DUI dropped when there is a urinalysis from the hospital showing I'm not under the influence?

I have three breathlyzers and two urinalysis and the cop was screaming acting erratically because of the negative results. He asked for a third sample and it didn't seem right. I have neurological issues from an aneurysm and I'm very anxious ask the time from past trauma.

Jonathan Blecher
Jonathan Blecher answered on Jun 22, 2020

Sounds like a great case for the defense. Hire a decent lawyer and you should be fine.

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1 Answer | Asked in Civil Litigation and DUI / DWI for Florida on
Q: 21 years ago I was 19Yes old. I had a DUI W set injury to an on duty cop. No insurance. I haven’t had a license since.

Served almost four years In prison for that and paid thousands, probation for five years. Still have no License, taking care of a 76 yr old disabled mother and trying to survive without being able to drive around for work is stupid.

I’m willing to enter a payment agreement or fight it or... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 7, 2020

I assume the terms of your conviction included language prohibiting you from getting a license for along period of time. It's too late to "fight it". Contact the governor's office about a possible commutation.

1 Answer | Asked in DUI / DWI and Cannabis & Marijuana Law for Florida on
Q: Hello! I'm a medical marijuana patient in Florida, am I allowed to carry cannabis in my car?

I'm hoping to learn the statutes, and regulations

Jonathan Blecher
Jonathan Blecher answered on Jun 5, 2020

Like other prescribed controlled substances, you must carry them in their pharmacy dispensed container with original labeling. Additionally, you must carry your valid MM card with you.

1 Answer | Asked in DUI / DWI for Florida on
Q: Is there a way to find a lawyer who is licensed in FL and SC that deals with DUIs?

My son was charged with a DUI in SC, hired a lawyer who said she would take care of it, moved to FL then got a DUI both about 8 years ago. He has satified all of the conditions required by each state, but SC won't release his license until FL does and FL won't release his license until... Read more »

Jonathan Blecher
Jonathan Blecher answered on May 11, 2020

It's a Catch-22. Once you get in between two state's suspensions, it's difficult to straighten out.

You don't need to be licensed in both states to resolve this for your son since it doesn't involve court appearances. I'm in the middle of a situation now...
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1 Answer | Asked in DUI / DWI for Florida on
Q: DUI in 2013. Never fished interlock due to boating. How can I now get my DL back in FL? Interlock was removed.

I was at sea for a long time, and now I have no clue how to get my DL back. Is there a statute of limitations, or what will I have to do to regain my DL? Please HELP!!!

Jonathan Blecher
Jonathan Blecher answered on Apr 29, 2020

Whatever time you owe FLHSMV with an IID on your car still must be served...consecutively. No statute of limitation.

You can't do three months here and there, either.

Once you get the IID installed, you should be eligible for a hardship permit, or perhaps a regular license...
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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... Read more »

Jonathan Blecher
Jonathan Blecher answered on Apr 7, 2020

We can't solicit or offer our services through this portal, however there are many directories of DUI attorneys in your area. I suggest you check out the National College for DUI Defense, AVVO, and FindLaw. Search for DUI lawyers in your area. Good Luck.

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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... Read more »

Jonathan Blecher
Jonathan Blecher answered on Mar 23, 2020

In a Florida DUI case, a defendant can’t have an adjudication of guilt and a dismissal on the same charge. It sounds like you were convicted of a DUI. It’s possible that another charge that accompanied the DUI was dismissed, such as a traffic infraction. It’s difficult to answer this... Read more »

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1 Answer | Asked in Car Accidents and DUI / DWI for Florida on
Q: I was driving and was going around a curve and my purse fell i picked it up and my truck swiped the light post.

I had no idea i had to call since there were no other vehicles or no people involved. I went to the closest store where i found out some one behind me had called and followed me and told the cops were i was. I was then approched by 5 officers who asked what happened and i told the truth and... Read more »

Carey Wagner Meldon
Carey Wagner Meldon answered on Mar 11, 2020

From what you describe it appears the government WOULD have a plausible DUI "case" against you.

You have a few different questions that need answers:

1) Did the police officer have a lawful basis to make contact with you? It sounds (without further information) that the...
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1 Answer | Asked in DUI / DWI for Florida on
Q: He has no new charges from dade county

My fiance was arrested trying to get a background check because of the warrent he was no giving a bond and the misdemeanor warran is a vop because he didn't finish pay his court fees so will it still count or will he have to sit in polk county jail to after begin transfered

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

Yes unless he is able to get a bond from the judge. If he hires a lawyer they can file a bond motion and try to get you out.

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

Corey I. Cohen
Corey I. Cohen answered on Feb 28, 2020

If you posted bond for his Miami case and he is only sitting in jail on the polk warrant, then yes he will get credit.

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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.

Jean Richardson
Jean Richardson answered on Feb 25, 2020

When you are transported to a hospital under such circumstances, the medical staff will do a blood draw in order to provide the necessary care/treatment. There are situations when police officers may request a blood draw during a DUI investigation. However, if the medical staff is doing one anyway... Read more »

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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.

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