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answered on Jul 14, 2022
When you say "sobriety test", I'm not sure if you mean physical exercises or breath, blood, urine tests.
Officers will try to get you to perform the PSE's and don't ask for permission very often...they just sort of roll into it by saying something like, " I... View More 
I was charged with a DUI offense in November of 2020. I had 2 minors in the car, which caused me to be charged with child endangerment. That charge was dropped because this was my first offense. I didn't have to serve any jail time, I did have my licensee suspended. I did my community service... View More
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answered on Jul 12, 2022
Because the DUI involved minors in the car you will definitely have to convince the court that drinking is not a problem for you. Hopefully it was an isolated incident. It will not matter that the charge was dropped. The legal standard is what is in the best interests of the child. You can also... View More
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answered on Jun 23, 2022
Police often mistakenly check the “not eligible” box on DUI citations, most often due to ignorance of eligibility requirements. However, a second DUI arrest, or current suspensions may make a driver ineligible. The local DHSMV office will identify eligibility. Contact them or have an attorney... View More
How do I deal with this if I don't live there? I won't be going to US anytime soon as currently working in Moscow.
Any information on how I can deal with this and close it down when not living in US would be appreciated.
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answered on May 24, 2022
There are many jurisdictions in Florida where Zoom remote hearings are taking place. Speak with an attorney who can work out the logistics and have the warrant quashed. Otherwise you’ll never be able to enter our borders without an arrest.
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?
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
I received a DUI 7 years ago. I got sober and went to school and am now in a special monitoring group called Professionals Resource Networking in order to hold a DOH license to work because of my past. I want to get my hardship license but cannot afford or have the time to do two substance... View More
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answered on Feb 18, 2022
You can wait out the suspension and avoid the supervision program, however you still owe FLHSMV 2 years of IID and the higher insurance policy limits for three consecutive years.
answered on Nov 24, 2021
That depends entirely on the specific facts of your case (driving pattern, whether there is body worn camera, how you appear on the camera, other evidence of impairment). You should immediately consult with and/or hire a criminal defense attorney who specializes in DUI's.
He has insurance I do not. I was not driving the vehicle. I was out of town and he hit it and tried to drive off. Was later arrested under a DUI. I just want my car fixed and idk what to do or who to call.
answered on Oct 13, 2021
Contact his insurance company and demand that it repair or replace your car.
My friend and I are debating a video in which a man in a parking lot, dumping garbage from his car into a dumpster, showed an officer his license. When the officer went to run the license for the man's info, he refused. He said he's a lawyer and knows his rights and the officer may not... View More
answered on Oct 7, 2021
Yes, you have to show your license, and yes the police officer can run your DL in their system. The statute is below. Pro-tip: don't pick up an arrest trying this theory out.
322.15 License to be carried and exhibited on demand; fingerprint to be imprinted upon a citation.—... View More
Is there a statue of limitation on this
answered on Sep 14, 2021
Have you contacted the Fla. Dept. of Highway Safety and Motor Vehicles to ask what you can do to reinstate your DL? Generally, DL suspension for failure to pay a money judgment arising from a car accident is up to three years. The statute of limitations is irrelevant - that's about deadlines... View More
answered on Sep 7, 2021
Based on your question you live in Florida but received a DUI in Michigan. As such you will have a criminal case to deal with in Michigan not in Florida. You will need to hire the best possible criminal lawyer in the area in Michigan where your case is pending. I'm assuming you have a... View More
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
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
There’s ways to get around Workers Comp. If you can prove your case. Are you able to pursue a regular lawsuit instead of settling for worker’s compensation if the driver of the vehicle drug test came back positive for cocaine?
answered on Jun 28, 2021
For purposes of this answer I am assuming that the driver that tested positive for cocaine was a coworker for the same company that you are employed with. In some instances you may be able to get around worker compensation immunity if the cocaine use caused the accident. If you did not actively... View More
I live in Florida. This person is a relative 27 y/o and resides with me. On more than one occasion they have arrived home and passed out behind the wheel. I need to protect the rest of my family.
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answered on Apr 12, 2021
Can you be sued? Yes. Will the suit be successful for a wrongful death claim against YOU? Probably not. Is the relative covered on your auto insurance policy? An injured party may go after your homeowners policy, but I don't know how successful that would be.
In Florida can the DMV mandate an ignition interlock device if the court did not order it from a DUI conviction? The driver blew a .17 but charges were amended to reduce the blood alcohol level to below .15. The case is now closed and the driver is eligible to have his license reinstated and no... View More
answered on Mar 31, 2021
Yes, the DMV can require it since the blow was above a .15, and there was not a separate order entered by the court stating the blow was deemed to be below .15 and that an ignition interlock is not required. The DMV does consider court orders stating this information in considering whether or not... View More
I read somewhere that in Florida you only serve 85% of your sentence so I don’t really know if that works in this situation I’m just looking for some good news that he might be out sooner than 9 months. He was on probation but violated it and he waived his 44 day good time credit.
answered on Mar 21, 2021
Looks like he was on probation, so he might have already served jail time for the initial arrest. He will get credit for that time as well as whatever time he has served on the VOP. County jails give 5 days per month for good time served, so yes, he has a chance of getting out sooner than 9... View More
Defendant was arrested for a dui and out on bond, was re arrested for felony domestic battery and his bond was revoked. Defendant went to court and was granted a bond reduction. Is he able to get out of jail now on bail?
answered on Mar 21, 2021
If he was 'out on bond' for DUI and the bond was revoked because he was arrested on a DV Batt charge, then he cannot get out of jail until he gets a bond on the DUI charge. Your question was not clear as to which case received the 'bond reduction'. If the bond reduction was... View More
In 2009 I was going through a hard time my sister told me to come stay with her in Columbus Oh. I came up from FL to see how things would go and they did not work out I was told she had 13 evictions in my name recently I had to go to court because the FWC gave me a fine for a fish that was two in... View More
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answered on Feb 27, 2021
It wouldn’t be the first time that a sister/brother used the identity of a sibling during an arrest. You’ll need to run an FDLE records check and find out where the DUI occurred, then work on getting it off your record. An attorney can assist you. Good luck.
Is my license suspended automatically for 6 months here in Florida?
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answered on Nov 5, 2020
Your Florida driving privileges are what’s suspended. If you are licensed in another state, Florida’s administrative suspension should not effect your out of state license.
You only have 10 calendar days to either request a formal review of the legality of the suspension, or waive that... View More
answered on Nov 1, 2020
It isn't fully clear what is meant when you say this matter was maritime. If by "maritime" you mean it involved operating a vessel under the influence, it could be what many states call Boating While Intoxicated (or some jurisdictions use Boating While Ability Impaired, where there... View More
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