Coral Gables DUI Lawyers
- Tomas, Antonio:
ARRESTED FOR DUI IN MIAMI?
Driving under the influence of alcohol or another controlled substance, commonly known as DUI, is a serious offense. Florida authorizes law enforcement to stop a vehicle based on indicators of DUI including erratic, reckless or careless driving among others. Upon speaking with the driver, the officer can make additional determinations as to whether intoxication exists, and may request a blood alcohol test. The standard limit for DUI is a blood alcohol level of .08 which can be determined through a variety of different methods such as blood test, urine sample or the breathalyzer test. A field sobriety test may also identify common aspects of intoxication, although tests that measure blood alcohol level can generally be considered much more solid evidence through the DUI process in court.
If the driver fails a field sobriety test, or a test that measures blood alcohol level, then the law enforcement officer may immediately place the driver under arrest for DUI. This is a critical time for an offender, because any decisions made after arrest can have significant positive or negative consequences. Consider seeking the professional advice of a Miami criminal defense attorney who is familiar with DUI defense and can provide you with valuable insight into the process.
- Kassebaum & Abelairas: According to law a DUI (driving under the influence with an .08% blood alcohol content) is defined as operating a vehicle while under the influence of chemical or controlled substances. It is proven by impairment of normal faculties, unsafe driving or unlawful BAC level. And in Florida, a DUI stays on your driving record for life. If you havenÕt been drinking or you believe that you might have ingested alcohol from a Ôbenign sourceÕ (mouthwash) or drugs (such as antihistamines or other over the counter drugs) be aware that you can still arrested for driving in an impaired or unsafe manner, even if you are not Ôlegally drunkÕ under the states Ôper seÕ BAC law. In any case, when you are stopped and arrested for suspicion of a DUI, and you are asked if you want to see an attorney, your best answer is the sooner the better. Cases vary, therefore so do cost. Many people donÕt appreciate that money spent now on an experienced DUI attorney and counselor may save them (personally) thousands over the years to come. Careers, insurance payments, credit ratings (Experian, Equifax, Transunion) and things you may not be conscious of can all be impacted by a criminal conviction and record. Why do I need a lawyer? IÕm simply going to plead guilty. Experienced and skilled legal counsel may be able to help mitigate your troubles by minimizing your legal problems and maximizing your defenses. A DUI defense attorney will level the playing field between you and the prosecution in an effort to provide and preserve your constitutional rights. Can I plea bargain? Many cases are resolved prior to trial. Successful counsel many times will be able to negotiate a plea to a lesser charge. While the plea bargain is extremely advantageous to anyone accused of DUI Ņ but remember that if the original charge was DUI, a conviction to any of the following lesser crimes will still count as a prior for calculating the mandatory minimums should that driver re-offend within a 5 year time frame. What if I am convicted? Please note that some laws can change from year to year. Also penalties, fines, etc., can vary due to DUI enhancements and for juvenile offenders. ItÕs best to get a well-informed estimation on your specific case circumstances via a referral to one of our attorneys CASE RESULTS Each criminal case is unique and fact specific. Please do not rely on friends when making legal decisions that could affect your future. Often times our firm recieves telephone calls hysterically searching for an attorney for a friend or inflexible family member who was certain that his/her case would be Ōno actioned' but instead formally file by the State Attorneys offices and is now facing possible jail time.
- Whitton & Rasmussen: DUI in Florida A DUI arrest in Florida is a very serious matter which can have far-reaching consequences to your finances, freedom, and future. A DUI conviction will result in a permanent criminal record, court costs, fines, community service, vehicle immobilization, DUI School, and most importantly, a loss of your driving privileges and possible jail time. A first-time DUI conviction in Florida can result in the following penalties: Permanent criminal record Up to a year of reporting probation A minimum of 6 months driver's license suspension A level 1, 12-hour DUI school Any recommended follow-up alcohol treatment or counseling A minimum of 50 hours of community service A minimum 10-day vehicle immobilization or impoundment Hundreds of dollars in court costs and fines Possible ignition interlock device Up to 6 months of possible jail time Increased insurance costs or loss of coverage altogether Do not assume because you have never been arrested or charged with a crime before you will receive a lighter sentence, most of the above mentioned penalties are required by law. In addition, even if you have no prior criminal record you could still be subject to possible jail time. That is why you need the professional legal services of a competent DUI defense attorney. We urge you to consult with a Miami DUI defense lawyer at our firm to get the help you need to avoid a conviction. For any DUI charge or any other traffic offense in Miami, work with a Miami DUI defense/traffic offenses lawyer from our firm who can effectively represent you.
- Ladd, Matthew: Criminal/Traffic - DUI Aggressive defense. Fight back against illegal arrests, unlawful pull-overs, and false breath readings. Administrative reviews must be requested within 10 days of the arrest. A conviction for drinking and driving beyond the legal limit can result in jail time, but the courts will most often allow you to plea to the mandatory minimum sentence and walk away with little more than probation, community service, and fines. Navigating your way to avoid jail time and to save on fines and penalties can be confusing. Not to mention, you may have defenses available that could keep you from being convicted altogether. Aggressive representation can improve your chances of getting the charges dropped completely or reduced to a lesser charge like reckless driving. Don't take a plea without understanding the strength of your case and knowing your options. Call today for a complimentary consultation. Finding a lawyer can be a really difficult experience and making sure that the rates you pay are fair can be even harder.
- Gonzalez, Manuel: * State and federal criminal defense: drug crimes, alien smuggling, DUI arrests, vehicular homicide, theft, robbery and racketeering * Fraud defense: mortgage fraud and Medicare fraud * Workers' compensation fraud * Investment crimes
- Piotrowski, Chad: Crimial Defense
- del Amo, Carlos: # DUI and CRIMINAL Traffic Violations # Domestic Violence # State and Federal CRIMINAL Defense, all misdemeanors and felonies # Probation Violations # White Collar CRIMINAL Defense including all fraud based crimes # Drugs and Narcotics Charges # Homicide # Internet Crimes # Investigations # Juvenile Matters # Sex Crimes # Traffic Offenses # Expungement Motion
- Wizenberg, Peter: Have You Been Arrested For Driving Under the Influence? DonÕt make any decisions before consulting an attorney. DUI is a criminal charge that can have very serious consequences, including: * the loss of your driverÕs license * increased insurance premiums * expensive fines * the impoundment of your vehicle * employment problems * jail time. A DUI conviction in Florida stays on your driving record for 75 years. With proper representation from a knowledgeable DUI defense attorney, you may be able to avoid or minimize the impact of a DUI conviction. If you are facing a DUI charge, it is vital that you consult an attorney immediately. A DUI arrest includes a cancellation of your driving privileges. Your DUI citation allows you to drive for only 10 days following your arrest. If you or your attorney do not request a DMV hearing within 10 days following your arrest, you may forfeit your ability to challenge the suspension of your license.
- Ponton, Denise: When you are arrested for DUI there are many things to consider. On the criminal charges alone, you will have to attend court proceedings and may even face possible sentences that include probation and/or jail time. On the administrative end, you have to consider the loss of your driving privileges since your driverÕs license faces suspension. Fortunately, not every DUI results in a DUI conviction. In many cases, there are alternative remedies. By consulting with a qualified attorney, you can determine whether hiring counsel is in your best interest.
- Izaguirre, Alfredo: Arrests For serious crimes, the police typically take suspects to a police station or a jail where they will be incarcerated pending a judicial bail determination or an arraignment. In other instances, the police may issue a notice to appear specifying where a suspect is to appear for his arraignment. An arrest may have serious ramifications such as a loss of employment due to inability to pay bail, social stigma and (in some cases) the legal obligation to declare arrests when applying for a job, loan or professional license. Arraignment Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary from jurisdiction to jurisdiction, but they generally include "guilty", "not guilty", and the peremptory pleas (or pleas in bar), which set out reasons why a trial cannot proceed. In addition, US jurisdictions allow pleas of "nolo contendere" (no contest) and the "Alford plea" in some circumstances. Probable Cause Hearings In the United States a probable cause hearing is the preliminary hearing that typically takes place after arraignment and before a serious crime goes to trial; the judge is presented with the basis of the prosecution's case and the defendant is afforded full right of cross-examination and the right to be represented by legal counsel. If the prosecution cannot make out a case of probable cause the court must dismiss the case against the accused. Plea baragining Plea bargaining is a significant part of the criminal justice system in the United States; the vast majority of criminal cases in the United States are settled by plea bargain rather than by a jury trial. Plea bargains are subject to the approval of the court, and different States and jurisdictions have different rules. The Federal Sentencing Guidelines are followed in federal cases and have been created to ensure a standard of uniformity in all cases decided in the federal courts. Trial Once charges have been brought, the case is then brought before a petit jury, or is tried by a judge if the defense requests it. The jury is selected from a pool by the prosecution and defense. The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged. The prosecution presents its case first, and may call witnesses and present other evidence against the defendant. After the prosecution rests, the defense may move to dismiss the case if there is insufficient evidence, or present its case and call witnesses. All witnesses may be cross-examined by the opposing side. Under the Fifth Amendment to the United States Constitution, the defendant is not required to testify, but must answer the prosecution's questions if he or she does testify. After both sides have presented their cases and made closing arguments, the judge gives the jury legal instructions; the jury then adjourns to deliberate in private. The jury must unanimously agree on a verdict of guilty or not guilty. Sentencing If a defendant is found guilty, sentencing follows, often at a separate hearing after the prosecution, defense, and court have developed information based on which the judge will craft a sentence. In capital cases, a separate "penalty phase" occurs, in which the jury determines whether to recommend that the death penalty should be imposed. As with the determination of guilt phase, the burden is on the prosecution to prove its case, and the defendant is entitled to take the stand in his or her own defense, and may call witnesses and present evidence. Appeals After sentencing, the defendant may appeal the ruling to a higher court. American appellate courts do not retry the case; they only examine the record of the proceedings in the lower court to determine if errors were made that require a new trial, resentencing, or a complete discharge of the defendant, as is mandated by the circumstances. The prosecution may not appeal after an acquittal, although it may appeal under limited circumstances before verdict is rendered, and may also appeal from the sentence itself. Increasingly, there is also a recognition that collateral consequences of criminal charges may result from the sentence that are not explicitly part of the sentence itself.
- Reynoso, Walter: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
- Manuel Gonzalez: Have your problems escalated to the point where you have to find an attorney?
- Joe Fernandez:
You have been arrested for DUI. Did the police officer make a mistake? Did the officer follow proper procedures in stopping, arresting and processing you? Can you drive? The anxiety and stress resulting from the arrest now does not allow you to remember anything the police officer said to you. Even if it was your mistake you are entitled to many protections provided by law.
- Julio Gomez: You must request a formal or informal review of your driver's license suspension within 10 days after the date of arrest for D.U.I. or the issuance of the notice of suspension whichever is latter. Know your rights! *You must request a formal or informal review of your driverÕs license suspension within 10 days after the date of arrest for D.U.I. or the issuance of the notice of suspension whichever is latter. *Your 30 day work permit will expire and you will not get a work permit for 30 days from the expiration of your 30 day permit if your reading was greater than. 08% or 90 days from the expiration of your 30 day permit if you refused to take a breath/blood or urine test. *A second D.U.I. within a 5 year period from the date of a prior conviction carries mandatory imprisonment for not less than 10 days of which 48 hours of confinement must be consecutive. Some questions to ask if you have been charged with D.U.I.: 1. Did you request a formal or informal hearing? 2. Did you file a Motion for leave to take depositions? 3. Did you make a Demand for Discovery? 4. Is the Breath test instrument used in your case in compliance with Florida Department of Law Enforcement? 5. Do the facts in your case justify the filling of a Motion to Suppress the Stop and /or Statements and/or the results of the Breath test? 6. Is the Accident Report Privilege applicable? 7. Does the doctrine of Corpus Delecti apply to your case? 8. Are there Speedy Trial considerations in your case?
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