Get free answers to your DUI / DWI legal questions from lawyers in your area.
answered on Aug 14, 2018
Florida law requires that you are adjudicated guilty upon the entry of a DUI plea or conviction at trial. Since you can only seal the withholding of guilt, you can not remove a DUI conviction from your Florida driving record.
I was convicted of DUI manslaughter in 2003 and my license was revoked for life. I was sentenced to 10.375 years in FDOC and 3 years probation. With all this behind me I was hoping to get a hardship license and save money not paying for Uber rides.
answered on Jul 23, 2018
As long as you have no prior DUI convictions, you can petition for hardship after 5 years.
a person whose driving privilege has been permanently revoked because he has been convicted of DUI manslaughter and has no prior convictions for DUI-related offenses may, upon the expiration of 5... View More 
answered on Jun 23, 2018
If you were convicted of a DUI, you have a criminal record whether or not your license was suspended.
Can I get full custody of my ex husband has a dui he only takes him sporadically since April 2017 because of his new job supposedly
answered on May 15, 2018
Was the child with him when he was driving under the influence? If not, it is not likely to change his right to visitation; if so you would still need to ask the the court to modify the order.
answered on Mar 30, 2018
The following Florida statutes apply to driving under the influence"
"316.193 Driving under the influence; penalties.—
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is... View More
Will judge, modify classes, or jus lock up defendants
answered on Mar 17, 2018
Is this a Vop? The classes are only required after sentencing. Please clarify
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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... View More
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.
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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... View More
Car was stolen while I was at bar and if they pull up security footage they will see I was drinking against my probation. Scared I will go to jail.
answered on Jan 31, 2018
Yes, your going to jail for a probation violation is a distinct possibility.
I got pulled over they made me blow 3 times there machine didnt work i got mad they wouldnt let me leave then they yelled at me to sit on my tail gate i did but stood up again cause was angry took one step and the cop slammed me on concrete broke my elbow "shattered" it then said he was... View More
answered on Jan 30, 2018
You may have a civil rights violation under these circumstances. This is a complex legal issue, but in layman's terms it comes down to "reasonableness". How reasonable was the action of the police officer? Excessive force and police brutality claims are fact-specific. And facts are... View More
answered on Jan 26, 2018
If the breath reading exceeds a certain level there is a discretionary impact depending on county, but also FL statutes require that a ignition interlock device also be placed on the defendant's vehicle for the duration of probation. Hope this helps.
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?
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answered on Jan 25, 2018
Re-post this question only in the Landlord/Tenant category.
spent over 8 thousand dollars.
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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.
While under the influence of any mind altering substance you are not in your right mind to make proper judgement or any choice. Therefore if a person was drunk before deciding to drive, would not this be more of a temporary insanity induced by chemical substances. How could the person have made a... View More
answered on Jan 17, 2018
In short yes. The decision to drink and drive is a crime. There is no escape by claiming insanity. There is quite literally thousands of pages of case law on the topic. Many have tried this defense before and it always comes up short. If you have been charged with drinking and driving, you... View More
answered on Jan 5, 2018
If you are convicted -- 6 months is the minimum and 1 year the maximum -- this is independent of any implied consent suspension you may have received for either taking or refusing the breath test.
answered on Jan 4, 2018
In the State of Florida, a Judge may not withhold adjudication on a DUI case. If your DUI charge was reduced to a Reckless Driving, then a withhold would keep points from being assessed.
answered on Dec 15, 2017
There is no right to an attorney prior to submitting to field sobriety tests.
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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.
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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.
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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.
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