Fort Meyers DUI Lawyers
- Berry, Day & McFee:
In Florida, DUI penalties are extremely serious:
* First conviction Ñ Fine of $500 to $1000 or more in certain circumstances; mandatory community service and revocation of driver license; up to 6 months imprisonment or more in certain circumstances
* Second conviction Ñ Fine of $1000 to $4000; mandatory revocation of driver license; up to 9 months imprisonment or more in certain circumstances
* Third conviction Ñ possible felony conviction; fine of $2000 to $5000; mandatory revocation of driver license; up to 12 months jail or imprisonment in the Department of Corrections in some instances
Not only are the consequences of a conviction determined by Florida law, there may be other repercussions, too, such as loss of eligibility for occupational licenses or professional advancement. Your ability to care for yourself or your family may be severely curtailed by the loss of a driving privilege, also.
It's better to avoid these consequences altogether.
- Garvin Law Firm:
The Criminal Justice System in Florida
Criminal Defense is a term used by the legal community to describe the following types of cases which are handled by a criminal judge in either: County Court, for a Misdemeanor, Circuit Court, for Felony, and Juvenile Delinquency. Domestic Violence cases are often dealt with by a civil judge for a restraining (or stay away) order and a Criminal Judge for the actual case.
A judge sitting on a Criminal County Court bench is limited to punishing Defendants to a maximum sentence of 364 days in the county jail; whereas a Circuit (or Felony) Court judge can sentence defendants to a maximum of Life in Prison or even Death, if the judge is ÒDeath QualifiedÓ by the Florida Supreme Court. While Juvenile, (aka. Delinquency), Court is in the Circuit court system there are much different rules that apply. A Juvenile Judge can impose a sentence of anywhere from a Stern Judicial Warning to a maximum of a level 10 which is around 10 months in a juvenile program. A juvenile can also be direct filed into the adult criminal system where they will stand trial as an adult.
If You Are Arrested
Garvin Law - If you are arrestedIf you or someone you know has either been arrested or is currently facing criminal charges; remember that you have a constitutional right to remain silent. If you are read your Miranda warnings the police officer should tell you that any information may be used against you in a court of law. It is important to remember that the State or Federal Government has the burden to prove each and every element of the crime beyond and to the exclusion of a reasonable doubt; given that information, you can see why it is important to remain silent. When a police officer tells you that anything you say may be used against you in a court of law, you can be assured that it most certainly will. In addition to a constitutional right to remain silent, you have a constitutional right to an attorney. In order to invoke your right to Counsel, you must very clearly state ÒI want a lawyerÓ when in doubt say this many times and be sure to tell each and every law enforcement officer who comes to speak with you.
After you are arrested you should consult an attorney as soon as possible, much can be done in your defense during these initial few hours.
- Hill, Robert:
Banking & Finance Law
Mortgages & Foreclosures
Business & Commercial Law
Collections & Repossessions
Commercial Leasing
Consumer Protection
Contracts
Debtor/Creditor
Joint Ventures
Secured Transactions
Transactions
Uniform Commercial Code
Warranties
Business Organizations
Closely Held Businesses
Directors' & Officers' Liability
Dissolution
Formation & Business Planning
Joint Ventures
Non-profit & Tax-exempt Organizations
Partnerships
Reorganizations
Shareholders' Rights
Business Successions
Construction Law
Construction Contracts
Construction Liens
Defects
Creditors' Rights
Collections & Repossessions
Commercial Bankruptcy
Consumer Bankruptcy
Creditors' Rights
Debt Discharge
Foreclosures
Garnishment
Criminal Law
Drug Violations
DUI/DWI
Federal
Felonies
Grand Jury Proceedings
Misdemeanor
Sex Offenses
White Collar Crimes
Estate Planning
Elder Law
Guardianships & Conservatorships
Living Wills
Powers of Attorney
Trusts
Wills
Insurance Law
Commercial Insurance
Motor Vehicle
Property & Casualty
Litigation & Appeals
Bankruptcy Litigation
Federal Appellate Practice
Federal Trial Practice
State Appellate Practice
State Trail Practice
US Supreme Court
Probate & Estate Administration
Estate Administration
Trusts
Wills
Real Estate Litigation
Commercial Leasing
Commercial Real Estate
Condominiums & Cooperatives
Conveyancing
Landlord/Tenant
Mortgages & Foreclosures
Residential Real Estate
- Aiken, O'Halloran:
Driving under the influence by far is the criminal charge that most affects everyday ordinary people. It is also an accusation that can result in the loss of your driverÕs license without a conviction.
Florida is an Òimplied consentÓ State and if you refuse an officerÕs request that you blow into an intoxilyzer, you can lose your license for up to eighteen months.
If you have been arrested for DUI/DWI act now, contact us. You may only have ten (10) days to request an Administrative Hearing or forfeit your driving privileges. The Administrative Hearing is separate and apart from your criminal case and can have dire consequences affecting your employment, your insurance rates and your future.
Your ÒstopÓ may be the result of a routine check-point or some minor traffic infraction. Typically, the arrest is based simply on the officerÕs opinion that you did not perform to his satisfaction on a series of so-called voluntary roadside sobriety exercises. Breathalyzer Machines and Intoxilyzers are not infallible. Machines and police operators do make mistakes. A single officerÕs biased opinion may have been enough for an arrest, but often is insufficient for a conviction in Court.
- Mann,Ian:
DUI Charges:
* A basic DUI is a misdemeanor, but if someone is injured it can rise to a felony. Prior offenses can also make it a felony.
* After a DUI arrest, you have 10 days to request the administrative hearing with the DMV, or you will forfeit your driver's license.
* If you have a commercial driver's license, you could lose your license and be unable to obtain a work permit.
Traffic Offenses:
* Anytime you appear before the judge on a traffic violation, the judge has the authority to suspend your driver's license.
* Don't take the chance and go to traffic court alone.
You have important rights when you are driving your vehicle.
- DiPlacido, Frank:
The defendant is entitled to present a closing argument in a criminal trial. The defendant's right to give a closing argument has been deemed by the United States Supreme Court as a basic element of the adversary factfinding process.
- Moorey, Scott:
Regardless of your criminal charges, an aggressive and experienced criminal defense law firm can make all the difference. Being arrested or even accused of a crime is not only embarrassing but creates a fear of the unknown.
- Charles Harris:
DUI / DWI DRUNK DRIVING CHARGES When you are charged with drunk driving,
you may lose your driver's license and your freedom.
- Wilbur Smith: Getting charged with driving under the Influence is a serious matter. In addition to the financial burden of legal costs and fines, the likelihood of jail time loss and of your ability to drive can disrupt your personal and professional life. The State of Florida defines D.U.I. as operating a motor vehicle while under the influence of an alcoholic beverage or other intoxicant (legal or illegal) such that your normal faculties are impaired. In Florida, a BAC (Blood Alcohol Content) of .08% is all enough to charge you with D.U.I. Depending on your body weight, a BAC of .08% could be the result of as few as 2 glasses of wine (see the chart below).
The results of BAC tests and field sobriety tests can be misleading, especially when the arresting officer has administered these tests improperly. Our lawyers expertly examine these results and can often discredit the readings. If you have been charged with D.U.I. in the state of Florida, seek the advice of an experienced attorney, even if this is your first offense. An attorney experienced with D.U.I. cases can help you understand the ramifications of your case and establish the best defense for your unique situation.
Return to Florida DUI Lawyers
|