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Florida DUI / DWI Questions & Answers
1 Answer | Asked in DUI / DWI for Florida on
Q: Dui

I got a dui in 2015, my 3rd dui, 2 in PA, one down here, I got 10 years lose of license. I'm eligible right now to get my hardship license but my work wants me to be a foreman but to be a foreman you have to have a license and I know I'm not going to have to get a blow and go in the... View More

Jonathan Blecher
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answered on Oct 2, 2017

Possibly. If you are required to use a company vehicle for work, you can get around the IID requirement, provided that your employer is aware. You should have a full consultation with an attorney before you make any moves with DHSMV..

GOOD LUCK!

1 Answer | Asked in DUI / DWI for Florida on
Q: I was at a bar when the latest hurricane struck and had had a drink or two. I was trying to drive to safety when I got

pulled over. Is this an extenuating circumstance that might reduce my DUI penalty?

Jonathan Blecher
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answered on Oct 2, 2017

Very possible. You'll need to consult an attorney who specializes in DUI cases right away.

1 Answer | Asked in DUI / DWI for Florida on
Q: What happens if I get a DUI in FL while I'm there on vacation? I live across the country in California.
Jonathan Blecher
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answered on Sep 6, 2017

There are a lot of things happening here. First, you have driver license issues with the FL-DHSMV and you you have the criminal case in court. If you simply don't appear, the court will issue a warrant for your arrest.

Since there's so much information you need to have, I strongly...
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2 Answers | Asked in DUI / DWI for Florida on
Q: I was told upon completing driver improvement school, I now must take 12 weeks of additional counselling in FL. I pay!

I am not an alcoholic. I have never been arrested or even ticketed in 46 years of driving. The FLORIDA driving improvement school I attended is telling me that I must now continue counselling with a private counsellor, NEITHER A DOCTOR NOR A PHYSCHOLOGIST and at my own expense. I was told by this... View More

William C. Head
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answered on Aug 15, 2017

DUI laws are set up to put everyone in a square peg, as a crude means of showing that steps were taken to keep the public safe. Until you get clearance, for early reinstatement, the State will not let you reinstate.

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2 Answers | Asked in DUI / DWI for Florida on
Q: I was convicted 2nd dui outside of five but was arrested within the five In FL. It was treated like a 1st is that norma

I thought I would have a 5 year revocation? But they only gave me one year can I be retried later? Or will this deal stick?

William C. Head
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answered on Aug 11, 2017

Each state's laws determine how to "count" a LOOKBACK period. Apparently, FL looks at it as date of 1st arrest to date of next conviction. Georgia uses date of arrest to date of arrest. North Carolina used date of CONVICTION to date of next arrest, which is the absolute worst, and... View More

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1 Answer | Asked in DUI / DWI for Florida on
Q: If a police officer arrests me for public intoxication and they know that I drove to the location they arrested me at

but didn’t actually see me in the car, can I also be charged with a DUI?

William C. Head
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answered on Aug 10, 2017

Yes, circumstantial evidence can be used to support a DUI case, in all states. Here is a portion of my book, for citizens facing DUI-DWI charges:

It is important to note at the outset that in traditional DUI-DWI cases it must be proven beyond a reasonable doubt that the driving occurred...
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1 Answer | Asked in DUI / DWI for Florida on
Q: Are washout periods in Florida looked at from the date of the first offense to the 2nd or the 1st conviction to the 2nd

This is for a DUI

Jonathan Blecher
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answered on Aug 9, 2017

1st Conviction date to second arrest date (with subsequent conviction).

2 Answers | Asked in DUI / DWI, Car Accidents and Consumer Law for Florida on
Q: Hello, I am the parent of a child who was convicted of a DUI. For liability reasons

The car is in our name and we make payments.

Our child is not claimed on our taxes.

We do provide financial support (22 YR old college student)

Should we:

Register the car in their name?

Obtain a separate insurance policy?

Is living in our house a... View More

William C. Head
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answered on Aug 3, 2017

Transfer title to car.

Let her pay her own insurance.

Charge her rent.

That should indicate that she is "emancipated."

And, do NOT let her drive one of your cars.

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1 Answer | Asked in Contracts, Criminal Law, DUI / DWI and Traffic Tickets for Florida on
Q: Virginia suspended license because I sold a car across state lines 12 years ago, can't furnish proof of insurance/sale.

My case exceeds statute of limitations. I spent 6 months in Virginia for Navy training in 2005. I followed Virginia law and had the vehicle re-tagged, registered, and insured in the state. Before I deployed to Japan, I visited family in N.J. and left my car there with a limited power of attorney... View More

Andy Wayne Williamson
Andy Wayne Williamson
answered on Jul 31, 2017

You need to hirr an attorney. There is not a way to answer this type of detailed question via this type of forum.

1 Answer | Asked in Bankruptcy, Divorce, DUI / DWI and Family Law for Florida on
Q: I have to travel out of the usa for a year, what can I do with CS? Send $ the best I can from there or what consequences

I'm going to finish a career and as soon comeback to the country. What's are my options? I won't be working or making money, what will happen when I comeback to the country?

Rand Scott Lieber
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answered on Jul 15, 2017

The child support that you owe will continue to accrue just like any other debt. You will owe whatever has accrued when you return. If you choose to send money make sure that you keep accurate records of your payments. You should also notify the other parent about the situation.

1 Answer | Asked in DUI / DWI for Florida on
Q: When in the DUI conviction process should I retain a lawyer?
Jonathan Blecher
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answered on Jul 6, 2017

You should always have a lawyer "before" a conviction to avoid that result.

1 Answer | Asked in Divorce, DUI / DWI, Family Law and Traffic Tickets for Florida on
Q: Can I get my ex's name off the title to our old Tahoe if I paid for it to get out of impound?

In our divorce 7 years ago my ex got the Tahoe and I got the gallant. We were told to put it in our names and move on. Well 6 years later and I find out that he never took my name off the Tahoe and he and his wife have been driving it around. I asked him several times to take my name off it so I... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Jun 21, 2017

If your divorce decree requires him to sign the title over to you, the DMV might agree to re-title it. Otherwise, you need to get the divorce court to order it done.

1 Answer | Asked in DUI / DWI for Florida on
Q: I was arrested for a DUI. I blew a .06 but refused a urine test. they then searched my truck, is that legal w/o consent

I did not consent to a search is that legal once I'm in the back of the cop car? They made horrible claims that I was high. Said I had a "green hue on my tongue." Was the search of my truck illegal

Jonathan Blecher
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answered on Jun 12, 2017

The police are permitted to search a vehicle after a lawful arrest. Whatever evidence they find is subject to suppression by a judge if the arrest was without probable cause.

1 Answer | Asked in DUI / DWI for Florida on
Q: What are some ways to get a DUI charge dropped?
Jonathan Blecher
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answered on Jun 2, 2017

Follow this link to a FAQ page with answers to many of the questions/issues you face with a DUI charge: http://www.duilawdefense.com/dui-defense/frequently-asked-questions/

1 Answer | Asked in Criminal Law, DUI / DWI, Estate Planning and Family Law for Florida on
Q: Im 17 and pregnant i wll have my baby when i turn 18 my baby daddy is 30 he can still get introuble even doe i turn 18
Andy Wayne Williamson
Andy Wayne Williamson
answered on May 18, 2017

I assume that you are asking could your baby daddy get in trouble for statutory rape. The answer is yes. The crime of statutory rape is committed if a person older than 18 has sexual relations with a person 16 or 17 years of age. Thus, your turning 18 years of age does not change the facts of... View More

2 Answers | Asked in DUI / DWI for Florida on
Q: The police guy who pulled me over was excessively rough and I got a concussion before taking in (I was eventually

convicted of a DUI). If I can prove assault when it wasn't justified, will my DUI conviction get retracted or are they two separate matters?

Michael Nicholas Lygnos
Michael Nicholas Lygnos
answered on May 8, 2017

I do not suppose you hired an attorney to represent your interests and advise you before you were convicted of the charge. It is too late to change the dui. You have 30 days to appeal a conviction. And if you oled to the. harge, the only

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1 Answer | Asked in DUI / DWI for Florida on
Q: I caught a dui in Florida at the end f 2012. I then got arrested in Pennsylvania where I live now. How can I settle it

I had got arrested in Pennsylvania shortly after my dui. After about 15 months I made parole in pa and fled back to Florida where I was arrested again for fleeing pa while in parole.and was able to handle the dui case from the years before and they gave me the classes and probation. I had to finish... View More

Jonathan Blecher
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answered on May 8, 2017

You will need to contact the clerk of the court where the case arose and see what court obligations remain. You might have a probation violation or warrant pending, too. You also have driver license issues , so you need to call FL DHSMV in Talahassee.

You should strongly consider hiring a...
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1 Answer | Asked in DUI / DWI for Florida on
Q: my daughter was in a one car accident where she totaled her car and was taken to hospital she just received a letter

department of highway safety and motor vehicles stating driving privilege is suspended for six months for driving with unlawful alcohol level 322.2615 florida statutes will she be arrested should i get her a lawyer

Jonathan Blecher
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answered on Apr 30, 2017

You must IMMEDIATELY speak with an attorney. The letter means that her blood test came back over .08 and the police submitted that to DHSMV, who issued the suspension. She has only 10 days to deal with this.

Additionally, the case has likely been submitted to the state attorney for criminal...
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1 Answer | Asked in DUI / DWI for Florida on
Q: Can you be arrested for running a boat after a couple drinks, even if no one else is around to collide with?
Jonathan Blecher
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answered on Apr 5, 2017

Police can arrest you if they have probable cause to believe that you are operating a vessel under the influence of alcohol while impaired. And, since police can stop you for "safety checks" on the water at any time, it makes no difference if you are operating the vessel properly, or if... View More

1 Answer | Asked in DUI / DWI for Florida on
Q: DUI case not heard in 14 mo. State ATT. will not look at evidence. Is this 14th Amend. violation?

I have public defender, have expert witness who states BAC @ .03 But get only continuances. They are taking my freedom & money since dec.2015

Jonathan Blecher
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answered on Mar 11, 2017

You know what they say: "Justice delayed, is justice denied". Yiu can ask your attorney to file a Demand for Speedy Trial. That will push the case to resolution in 50 days.

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