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Ft. Lauderdale DUI Lawyers

1. Fasone, Joseph: Homicides Sexual Offenses Robbery Firearm / Weapon offenses Drugs - Trafficking, Delivery, Possession Domestic Violence Burglary Thefts DUI & Suspended Licenses Juvenile Offenses Traffic Violations Probation & Community Control (House Arrest) Violations Bond Hearings Sentencing Modifications/Reductions Early Termination of Probation / Community Control
2. Sale, David: Driving Under the Influence (DUI) á Driving While Intoxicated (DWI) á Florida DUI Zero Tolerance á Traffic Offenses á Violent Offenses á Drug Offenses á Felony Charges á Burglary á Forgery á Arson á Criminal Vehicular Homicide á Misdemeanors á Assault and Battery á Criminal Sexual Misconduct á Possession of Dangerous Weapons
3. Gottleib, Michael: Possession Distribution DUI Manslaughter
4. Gilman, Allison: When anyone is arrested for crime it is a difficult time for both the person arrested and there family members. It is a confusing and stressful experience as people are unfamiliar with what to do next and what they can expect.
5. Baum, Ron: Florida has aggressive penalties for individuals convicted of drunk driving. These penalties increase dramatically for each subsequent conviction, including mandatory jail time and higher fines.
6. Silber, Brian: Appeals (direct appeal and 3.850) Aggravated Battery and Aggravated Assault Bail/Bond Reduction and Arthur Hearings Burglary and Robbery Domestic Violence Drug Trafficking, Possession with Intent, Simple Possession DUI and DUI Manslaughter Gun Crimes and 10-20-LIFE Cases Grand Theft, Fraud, Dealing in Stolen Property Murder and Manslaughter Sexual Battery, Lewd and Lascivious Molestation, Child Pornography Traffic Offenses / Suspended License Violations of Probation
7. Trachman, Lawrence: Penalties for Driving at an Excessive Rate of Speed While a speeding conviction is generally not considered a serious offense, it may have serious implications. If the speed is considered "excessive," (e.g. 30 to 60 miles over the posted speed limit), the conviction will include a fine, imprisonment, and possible suspension of a driver's license. Other criminal actions related to speeding may include "reckless driving" and "racing." Moving violations are either traffic infractions or criminal misdemeanors, and they may necessitate a court appearance. More... DUI Roadblocks When a vehicle is stopped due to a roadblock that has as its main purpose the detection of drunk drivers and/or a license and safety check, there is a split of authority as to whether the stop violates the Fourth Amendment to the United States Constitution. More... Criminal Offense of Unsafe Passing Passing another vehicle is an important part of driving; if done poorly, it can be a dangerous and even fatal maneuver. The statutes addressing passing generally require motorists to allow a passing motorist, moving in the same direction, free passage to the left. The overtaken motorist is specifically prohibited from increasing his or her speed to prevent the overtaking motorist from passing. More... License Suspensions for DUI/DWI Even if a driving under the influence (DUI) or driving while intoxicated (DWI) defendant does not receive a sentence of incarceration, it is likely that the defendant's license will be suspended or revoked. Courts are often limited by statute as to whether they can change the suspension terms to limit the impact on a defendant. A license suspension is generally not intended as a punishment but rather as a civil penalty imposed to protect the public. More... Pre-Sentencing Alcohol Evaluations in DUI/DWI Cases Most state laws governing driving under the influence (DUI) and/or driving while intoxicated (DWI) mandate that offenders receive intervention and treatment. According to these laws, if an offender is convicted of DWI/DUI, the offender is required to obtain a clinical substance abuse assessment to determine whether he or she will be recommended to complete a substance abuse education class or treatment program. More...
8. Anderson Law Group: Answers to Common Questions About DUI/DWI Although it may have many names, including driving under the influence (DUI), driving while intoxicated (DWI), operating under the influence (OUI), drunk driving, and drunken driving, operating a car after using or while using alcohol and drugs is a serious matter. As the name varies, so do the laws in each state concerning DUI/DWI (which is how it will be referred to in this application). However, there is one constant: it can cause serious injuries or death, and it is against the law. Following are answers to some common questions that arise in DUI/DWI situations. Is DUI/DWI really a big problem, or is it all just hype? DUI/DWI is a very, very serious problem. Thousands of Americans are killed each year in DUI/DWI accidents. Although many of those accidents result in the death of the intoxicated party, a significant and unfortunate number involve the death of "innocent" parties who had the awful luck of being in the wrong place at a time when someone chose to drive a car while impaired. It is not all hype, or a big deal created by party-poopers and wimps. DUI/DWI is very dangerous, both for those individuals who chose to operate a car under the influence, and those individuals who they hurt or kill. In addition to the severe physical injuries that may result in a DUI/DWI accident, there are also serious emotional and mental scars that may never fully heal for both the offenders and the victims. Is it "safer" to drink beer, wine or hard liquor in excess? None of them. Different types of drinks contain different concentrations of alcohol, or what may be called "proofs." The proof rating is two times the alcohol concentration. Therefore, a 200 proof liquor has a 100 percent alcohol concentration. Most hard liquors have a higher alcohol concentration than most wines, and most wines have a higher alcohol concentration than most beers, meaning that it may take "less" hard liquor and wine to become intoxicated. However, the alcohol concentration of a drink is not everything. You also have to consider the size of the drink that you are having. Therefore, a shot glass of hard liquor, which is usually only about 1-1/2 ounces of alcohol, may end up having the same effect as one five-ounce glass of wine or one twelve-ounce beer. However, drinking any alcoholic beverage to excess is never a good idea. Not only may you seriously injure yourself or others if you decide to operate a car after drinking excessively, you may also suffer other physical injuries, whether or not you decide to operate a motor vehicle. Excessive alcohol consumption can cause damage to the kidneys, liver, heart, and brain. In addition, excessive use of alcohol within a short period of time can lead to death. What is a blood alcohol content? A blood alcohol content (BAC) or blood alcohol level (BAL) is a measure of how much ethanol is in your system. The ethanol level in your blood is a byproduct of the broken down alcohol that you consumed. BAC and BAL are measured in a scientific manner that calculates the ratio of ethanol to blood within your system. Therefore, if you have a BAC of .15, that really means that you have .15 grams of ethanol per 100 millimeters of blood in your system. In most jurisdictions, if your BAC or BAL is above .10, and you are operating a car or other vehicle (including some dangerous machinery), you have broken the law. If your BAC or BAL is below .10, that does not mean that you are necessarily capable of operating a car. Every person's ability to tolerate alcohol is different. You may still be charged with DUI/DWI if your BAC or BAL is under .10 if you have exhibited other signs that you are unable to safely operate a car. Do I have to take a breath analyzer test? A breath analyzer test measures a person's BAC or BAL. The amount of ethanol that is in your system is the same as the amount of ethanol that is "on" your breath when you exhale and inhale. As a result, police are able to test your BAC or BAL by having you breathe into a breath analyzer. Whether you are required to take the test depends on the law in the state you are in at the time. Under the law in some states, if you refuse to submit to a breath analyzer test or other similar test for measuring your BAC or BAL, such as a blood test, your license can be suspended. If you are later found to have not been intoxicated or impaired, your license may still be suspended in some states as a result of your failure to cooperate. Can I be charged with DUI/DWI for driving after taking drugs? Yes. If you operate a car under the influence of drugs such as heroin, cocaine, marijuana, or any other illegal substance you can be charged with a crime. In addition, it is not only illegal drugs that can get you into trouble. Many prescription medications and some over-the-counter medications carry with them specific warnings that they may impair abilities and should not be used while operating any dangerous equipment, including motor vehicles. Check the labels on all medications carefully. Don't get behind the wheel if you are taking any medications that are incompatible with safe driving. What will happen if I have more than one DUI/DWI conviction? Again, what will happen to you depends upon what state you are in. In most jurisdictions, there is a "step-up" method for handling multiple DUI/DWI convictions for the same person. In some states, a person will be required to pay a fine and perhaps serve a minimum term of imprisonment for a first conviction in addition to having their license suspended. For a second offense, some states may increase the fines and imprisonment or term of suspension. Additional offenses may result in revocation of a license and the loss of driving privileges for life. In addition, in some states, a judge may order that the offender participate in an alcohol or drug treatment and education program. Of course, if you seriously injure or kill another person while operating under the influence, you may face additional charges or lawsuits. Are "alternative" penalties okay for DUI/DWI? In many cases "alternative" penalties are allowed in DUI/DWI cases. A judge hearing your case may have what is called discretion in deciding how you should be punished. In situations where you have seriously injured or killed another person, the judge may not have such leeway, but in first time offenses, or in less serious matters, a judge may be able to require you to perform community service in the nature of giving talks about the dangers of drunk driving. In other situations, a judge may require you to place a license plate on your vehicle or a mark on your driver's license that indicates that you have been convicted of DUI/DWI. Should I get an attorney if I have been charged with DUI/DWI? Although you are not required to have an attorney, it is a good idea to retain one if you have been placed under arrest, or charged with DUI/DWI, particularly if you have seriously injured or killed another person. DUI/DWI laws are strictly enforced. While there may be some arguments that you can make in your defense, or mistakes that were made by the police, your chance of successfully making those arguments or finding those mistakes is much greater if you have an attorney assisting you sooner, rather than later. Invoke your right to remain silent, and ask to speak to an attorney. If you are faced a DUI/DWI charge, an attorney may be your only hope for avoiding or reducing any penalties or imprisonment you face.
9. Ivanshuk, Jeffrey: Ten. In order to save your driver's license, you or your attorney must notify the driverÕs license bureau within the specified period of time! Nine. You must notify the licensing bureau in writing and have a receipt of delivery. Eight. Don't rely on a telephone call. This will not preserve your rights and you will have no proof. Seven. If you do not act within the specified period, the licensing bureau will take action against your driving privileges immediately, whether you are in state or out of state. Six. Even if you have a license from another state, and even if the officer did not take your license, your state may also take action against your driving privileges. Due to the sharing agreement between most states, things have become difficult for the convicted DUI driver. Five. TEMPORARY DRIVER LICENSE'S are only valid for the time listed on the document provided. If you did not receive this document, you can ask the officer's supervisor to have this issue explained and clarified. Four. Do not confuse the previous mentioned license issue with your court date! The most unrealized fact is that the state will punish you both by taking your license through administrative action and then punishing you again in criminal court. These are two separate proceedings! Three. There are three (3) issues at Florida admin hearings, was there probable cause to stop the individual, did the officer find a reasonable suspicion and the taking or refusal of the breath test. If you refused, this fact will be used against you to imply that you are guilty. Usually you must explain refusals completely to win. Don't try this alone though; hearing officers are trained to handle these hearings. Two. The state must satisfy the burden of proof to prevail on all issues. If the state satisfies the burden of proof on only part of the issues, you win. ItÕs the law! One. All this attorney has to do is knock out one issue to save your license & you avoid the harsh civil penalties now being imposed by licensing bureaus in Florida! DONT LOSE YOUR OPPORTUNITY TO CHALLENGE YOUR LICENSE SUSPENSION I would like to speak with you! I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.
10. Ostrow & Amaroso: If you are charged with DUI, you have only (10) days from your arrest to contest any potential driver license suspensions!
11. Richard Bellis: In a criminal case, a government agency seeks to punish you or entities for behavior that the state or country has declared unlawful. Prosecutors decide whether to file charges against a defendant Convictions may result in fine, jail, or both The burden of proof is "beyond a reasonable doubt" Usually the government will pay for your attorney if you can't afford one Criminal defendants are almost always entitled to a jury trial
12. Samuel Halpern: Whether the length of a Terry detention violates the Fourth Amendment standard of reasonableness varies with the circumstances. In 1985, the Court held in U.S. v. Sharpe that the unreasonableness of a detention depends on "whether the police diligently pursued a means of investigation that was likely to confirm or dispel their suspicions quickly, during which time it was necessary to detain the defendant." Applying this measure to the facts at hand, the Court approved of the 20-minute detention of a driver who had evaded drug agents, reasoning that the DEA agent "diligently pursued his investigation" and that there was no unnecessary delay involved.
13. Kaplan & Singhal: DUI is shorthand for Driving Under the Influence. A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.