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Ft. Lauderdale DUI Lawyers

  1. Sobel, David: What Can a DUI Lawyer Do for Me? The court system is confusing and having someone to guide you through the process is important. Having a lawyer represent you will not only make sure that your rights are being protected, but will also make sure that you are aware of all your options. Having experienced legal representation can ensure you get the fairest trial and suffer the fewest legal consequences. An attorney has many tools with which to fight a DUI charge. Many people are unaware of just how many different ways there are to challenge a DUI. Below are some aspects of the arrest that can be scrutinized in court. The Traffic Stop and DUI Investigation The validity and reason for the stop will be evaluated to determine whether the officer has the requisite reasonable suspicion or probable cause necessary to stop you vehicle. The fourth amendment requires that the police have a certain level of suspicion to invade on your privacy. If the office legally stopped your vehicle then it is necessary to evaluate if the officer had the reasonable suspicion necessary to detain you longer than was necessary to conduct the initial traffic stop and conduct a DUI investigation. There are many circumstances under which the stop and/or a DUI investigation can be deemed illegal. These are all issues that an attorney will be able to research and potentially argue to the judge in a pre-trial motion. Arresting Officers Video The video taken by the police, if one is created, can be reviewed to find any fault in the arresting officerÕs procedure. There are wide arrays of mistakes that an officer can make that will result in the arrest being deemed illegal. Moreover, the video will allow an experienced attorney the ability to scrutinize the interactions that occurred between the officer and the defendant. DUI Arrest and Administration of Blood Test Officer may administer a blood test in the hopes of strengthening their case against the defendant. However, there are only a few situations where a blood test can be legally administered. Just because a blood test is administered, doesnÕt mean that it is admissible in court. The Breathalyzer is By No Means Concrete Evidence There are numerous cases in which the administration of a breathalyzer test can be thrown out as evidence. Whether the machine has been calibrated and maintained properly, or the arresting officer obtained your breath sample in a legal manner, there are several ways to discredit the results as evidence in court. A breath test result only shows what your breath alcohol concentration was at the time of the test, it doesnÕt show what your breath alcohol concentration was while you were driving. Field Sobriety Exercises Field sobriety exercises are inherently difficult, and not an accurate measure of intoxication. Many times, even completely sober people will appear intoxicated due simply to the difficult nature of these exercises. It is important to scrutinize not only the defendantÕs performance on the exercises but also the directions given by the officer. An experienced attorney will be able view and analyze your performance An Experienced DUI Lawyer Can make a Huge Difference Having someone on your side that is experienced in handling DUI cases can make a tremendous difference in the outcome of your case. This is a lesson that many people learn too late. Hiring an DUI Lawyer One of the most common reasons a defendant doesnÕt hire an attorney is that they are expensive. Many people are reluctant to talk to a DUI lawyer, assuming the charge is not that serious, and the cost of a DUI lawyer is unnecessary. This is a very valid point, any good lawyer is going to be expensive, but that is because of the value of the service that they provide. Having someone who is looking out for your best interest is not only necessary but essential. The state has the prosecutor representing them, why shouldnÕt you have someone representing you? Penalties: All DUIÕs have a mandatory adjudication. If you are convicted of a DUI, there are mandatory penalties. 1st DUI Conviction: * Up to $1000 fine * Up to 9 months jail * DriverÕs license suspension 180 days Š 1 year * 1 year probation * Vehicle impoundment * Possible ignition interlock device * Mandatory community service * Alcohol screening and counseling * Florida DUI school 2nd DUI Conviction * Up to $2000 fine * Up to 1 year jail sentence * DriverÕs license suspension up to 5 years * 1 year probation * Vehicle impoundment * Ignition interlock device * Mandatory community service * Alcohol screening and counseling * Florida DUI school 3rd DUI Conviction * Up to $5000 fine * Up to 5 years in prison * Up to 10 year driverÕs license suspension * Up to 5 years probation * Vehicle impoundment * Ignition interlock device * Mandatory community service * Alcohol screening and counseling * Florida DUI school 4th DUI Conviction * Up to $5000 fine * Up to 5 years in prison * Permanent driverÕs license suspension * 5 year probation * Vehicle impoundment * Ignition interlock device * Mandatory community service * Alcohol screening and counseling * Florida DUI school
  2. Ansara, Richard: Chances are you never expected to get arrested for Driving Under the Influence (DUI) in South Florida. Now it is time to deal with your pending Florida DUI. Whether you were arrested in Dade, Broward, or Palm Beach County, understand that the State of Florida will prosecute you to the fullest extent of the law. As your Florida DUI attorney, it is my responsibility to ensure that every angle of your Broward, Dade, or Palm Beach Driving Under the Influence DUI is explored in order to build the best DUI defense possible. In the state of Florida, driving under the influence (DUI) is legally defined as the criminal act of driving a motor vehicle while under the influence of drugs, alcohol, or both. It is also the criminal act of driving a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. For first time offenders, DUI charges are usually classified as misdemeanors. However, charges can be enhanced if the person caused bodily harm to another person or extensive property damage. For multiple DUI offenders, charges are automatically enhanced, and could be classified as felonies. DUI Consequences Once a person is convicted of driving under the influence in Boca Raton, Ft. Lauderdale, Broward County or St. Lucie County, he/she can be punished with: * jail time * fines * driverÕs license suspension * community service * probation * DUI school * mandatory counseling * vehicle impoundment * house arrest Protect Your Best Interests Due to the severity of the legal consequences involved, it is always to your benefit to speak with a qualified DUI defense attorney after you have been charged with driving under the influence. By hiring a criminal defense attorney, who has successfully handled numerous other DUI cases, you will safeguard your best interests. You will also be informed of any possible defenses involved in your DUI case that could help you fight your criminal charges in court. Additionally, you will ensure that your rights and future well-being are protected.
  3. Sweeney, Sean: Absent detailed legal advice, many Florida drivers accused of DUI in Miami, Fort Lauderdale and Palm Beach county have incorrectly assumed that they cannot 'beat' a DUI breath reading above the Florida legal limit in a Florida court of law. As shown by this shameful story, and as illustrated by other examples listed elsewhere in this website, DUI breath readings do not always make it to the courthouse, much less to the jury, during a Florida criminal trial for DUI. Consequently, as I have stated again and again in this blog, case preparation for a thorough defense must include "Investigating the Investigators".
  4. Butin. Barry: According to Florida law, a DUI is defined as the act of operating a moving vehicle while under the influence of alcohol at levels above .08 under a breath alcohol test or above the legal limit under a blood alcohol test. False information about DUI cases can be found everywhere. Perhaps you have heard rumors that nobody can be successful in a DUI case, or that all first offenders are equally punished despite the circumstances. The fact of the matter is, and all Florida DUI lawyers know, DUI cases are dismissed every day for a number of reasons. Anytime there is reason for doubt, such as faulty equipment, improper procedure, or inadmissible evidence, the DUI case is weakened, resulting in a lesser charge or total dismissal. However, as in any criminal case, there are risks. DUI trials should never be taken lightly. In addition, it is very rare for any DUI case to be weakened without the help of a professional DUI lawyer. If you have been taken into custody for a suspected DUI, it is important to contact a lawyer as soon as possible. A knowledgeable Florida DUI attorney will discuss your options and rights with you, evaluate your case, and help you learn what to expect in the legal proceeding. Sometimes legal grounds exist which will bring your DUI charge into question, such as whether or not the blood alcohol tests were administered properly or if the equipment is properly maintained. A lack of probable cause in the initial traffic stop and sloppy record-keeping can also undermine the prosecution's case. Since DUI convictions can be expensive, result in long-lasting effects, restrict your driving privileges, and cause other lifestyle difficulties, it is important for you to understand your rights under the law. Before you make any decisions or speak to anyone about your circumstances, it is wise to seek the advice and council of an attorney who specializes in DUI criminal cases.
  5. Joffe & Joffe: Drunk driving. That is the most simple and succinct way to put it. DUI or Driving Under the Influence laws vary from state to state. The Infraction of drunk driving even goes by several other names, DWI Š Driving While Impaired, OUI Š Operating Under the Influence, or any number of others. Bottom line? No matter what you call it, you can be facing serious consequences, heavy fines, loss of your driverÕs license, public humiliation, and even jail time. The importance of hiring a qualified DUI attorney who can mount a proper drunk-driving defense can not be overstated. The decision to get into your car and drive after having a few drinks was a bad one, going to court without a skilled Florida drunk driving defense lawyer, could be a worse one. In Florida as in all states DUI laws are based on BAC. Blood Alcohol Concentration. It is now a crime in all fifty states to be driving with a blood alcohol concentration of more than 0.08. For some people that could be as little as one or two glasses of wine with dinner. And you do not need to be over the legal limit to be charged with DUI. An arrest for drunk driving will result in immediate suspension of your driverÕs license. Suspension of your license is a separate issue with the DMV from your criminal case. However an expert Florida attorney who is a specialist in drunk driving defense, will be able to speed up a suspension hearing, and may be able to obtain a restricted or provisional license so you may drive under certain conditions until your court case is heard. Florida DUI laws can be very complicated. Just because you were arrested for drunk driving, it does not mean you were guilty, even if you failed a field sobriety test. Pressure from state legislators and the threat of loss of federal highway funds have lead to very aggressive arrest policies and prosecutions for DUI. Not every arrest for drunk driving is justified. A DUI is a serious legal matter, but not every lawyer is qualified to give you the best defense. A skilled DUI attorney knows how to challenge every bit of evidence that has been brought against you. DUI attorneys know how to dismantle the prosecutionÕs case against you. A drunk driving lawyer is your best bet for creating reasonable doubt and finding you not guilty of driving under the influence.
  6. Prize, Roy: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
  7. Mitchell Fox: Because of changes in the law, it is better if you do not refuse a breathalyzer test. Refusal carries an automatic one-year suspension of your license and can be taken as evidence of guilt at trial. In any DUI case, contacting an attorney as soon as possible can go a long way towards helping you avoid conviction or the most severe consequences. There are several reasons for this. First, you have only ten days to file for a hearing to avoid an automatic license suspension. Second, any blood samples, breathalyzer results, and testing equipment used need to be evaluated and analyzedŃand the earlier this is done the better. Lastly, if this is your first experience with the criminal justice system, keep in mind that whatever police or prosecutors say "is in your best interest" may not be. Having an attorney can prevent them from taking advantage of you.
  8. Schaet & Hoffman:

    CATEGORIES OF CRIMES

    Florida acknowledges two distinct categories of crimes, misdemeanors and felonies. There are two types of misdemeanors and three types of felonies.

    *MISDEMEANOR

    FIRST DEGREE misdemeanor is punishable by a maximum of 356 days of incarceration and a maximum of one year of probation. The minimum is 0 days of incarceration and 0 days of probation. The most common crimes that are in this category are: assault, battery, driving under the influence and marijuana possession.

    SECOND DEGREE misdemeanor is punishable by a maximum of 90 days of incarceration and a minimum of 0 days of incarceration.

    *FELONY

    FIRST DEGREE felony is the most serious charge in State Court. The maximum that an individual can be incarcerated is life imprisonment. The minimum days of incarceration depends on the charge. For example, drug trafficking is a first degree felony and carries a minimum of three years of imprisonment. The most common crimes that are in this category are: drug trafficking, murder, sexual battery and kidnapping.

    SECOND DEGREE felony is punishable by a maximum of 15 years of imprisonment. The minimum is 0 days of incarceration. The most common charge that are in this category are: aggravated battery, aggravated assault, possession of a controlled substance with intent to distribute and lewd and lascivious behavior.

    THIRD DEGREE is the most common felony. The maximum length of incarceration is five years, while, the minimum is 0 days in custody. The most common crimes that are in this category are possession of cocaine, felony driving with a suspended license, felony possession of marijuana and felony driving under the influence.

  9. Benjamin & Aaronson: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
  10. Justin Weisberg: Appellate courts frequently state that "a defendant is entitled to a fair trial but not a perfect one" when invoking the "harmless error" doctrine to review trial court decisions. Essentially, the doctrine recognizes that some legal errors, however blatant they may be, are harmless. "Harmless errors" may not warrant a reversal of the trial court's verdict; the error must have possibly affected the outcome of trial before an appellate court will reverse a verdict based on that error.
  11. Goodwin Law Offices: The hiring of a lawyer is an important decision that should not be based solely upon advertisements.


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