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Search for Florida DUI
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Brandenton DUI Lawyers
- Cook, Robert:
Driving while under the influence of alcoholic beverages or a controlled substance is one of the most serious traffic violations you can commit. In fact, it is classified as a traffic crime and in some circumstances a misdemeanor, or under more limited circumstances, even a felony. If you are found guilty of driving while under the influence, you are subject to heavy penalties for a first offense. These include imprisonment of up to six months, a loss of your driver license for a minimum of six months, a fine of between $250.00 and $500.00 in addition to court costs, completion of a substance abuse course, and 50 hours of community service. Second and subsequent offenses are dealt with more severely.
If you operate a motor vehicle in the State of Florida, you are subject to the "implied consent" law. This means that because you are operating a motor vehicle in the State of Florida, you have agreed to take a chemical test of your breath if you are arrested by a law enforcement officer who believes you are under the influence of alcoholic beverages. A urine test can be requested if drugs are suspected. A blood test can be requested under some limited circumstances. If you have a Florida driver license, the statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature.
- Harley Milhorn:
Q: Do I need a lawyer?
A: When a person is charged with a crime, the State is seeking to take away that person's liberty.
If you are convicted you could be sent to prison. You could permanently lose certain rights. A criminal
conviction will remain on your record for the rest of your life and may mean you are disqualified from
certain types of employment or benefits in the future. Prior convictions may be used to increase the
sentence for subsequent convictions. Certain misdemeanors may become felonies for repeat offenses.
Q: Do I need a lawyer even if I am innocent?
A: Every person accused of a crime needs an attorney. Innocent people have gone to prison, and
the best way to prevent such a miscarriage of justice is to hire an experienced criminal defense
attorney. Your attorney will work throughout the criminal justice process to ensure that your rights
are protected.
Q: If I intend to plead guilty, why do I need a lawyer?
A: Even if you know you are guilty, there are still options. For example, you may be eligible for a
pre-trial intervention program or make a deal with the prosecutor to plead guilty to a lesser charge
(a plea bargain) in exchange for a reduced sentence. While an accused could try to negotiate, it
can be very difficult to do so without extensive knowledge of Florida law and experience in the legal
processes.Criminal defense attorneys know what constitutes a good result, and they also know
how to protect your constitutional rights.
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Jury Trial
Most cases do not go to trial. However, a jury trial may be the only way to achieve the resolution
you want.
Plea Bargains
Some charges may be dismissed or reduced to a lesser offense after negotiating with the prosecuting
attorneys.
Plea In Absentia
Sometimes a written plea can be submitted which can resolve your case without you having to
appear in court.
Intervention/Diversion Programs
Prosecution of your case may be suspended until the prescribed program has been completed,
resulting in the charges being dismissed.
Withholding Adjudication
A formal conviction can sometimes be avoided from appearing on your record during negotiations
with prosecuting attorneys.
- Patrick Ford: Diversion programs were developed by the legislature for persons who have been accused of committing a third degree felony or a misdemeanor offense. These programs provide an alternative to having your case heard by a jury. If you are accepted into a diversion program and successfully complete it, you avoid the trial process entirely because the criminal charge pending against you is dismissed by the State.
- Gregory Hagopian: Hiring the right lawyer promptly makes a huge difference in criminal cases. An attorney is an important investment in protecting your rights. An experienced criminal defense lawyer can help you lower your bond/bail, tell your side of the story, negotiate for a favorable plea/sentence, protect your rights, and inform you of all your options.
- Jeffrey Rapkin: If this is your first DUI, then there is a possibility that you will not have to go to jail as part of your sentence. There are several factors the State Attorney may consider when evaluating your case to decide a plea offer. If there was an accident, if there were children in the defendant's car when he or she was caught, or if the defendant's blood alcohol level was high. Usually a .20 is the cutoff for aggravating DUI sanctions. According to statute, the maximum jail sentence for a first DUI (without accident and injury) is 6 months in the
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