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Melbourne DUI Lawyers

1. Ecker, Ronald: * DUI/DWI * Misdemeanor Drug Crimes * Felony Drug Crimes * Firearm/Gun Crimes * Sex Crimes * Domestic Violence/Assault * Child Abuse * Aggravated Battery/Assault * Juvenile Crimes * Violations of Probation
2. Canina, Richard: What is a ÒDUIÓ? According to Florida Law, a person is guilty of the offense of driving under the influence if they are Òdriving or in actual, physical control of a vehicle within this state and either: (a) are under the influence of alcoholic beverages or certain chemical substances, when affected to the extent that their normal faculties are impaired, or (b) they have a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or (c) they have a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.Ó DUI Penalties If you have been arrested and formally charged with DUI in Palm Bay, Florida, it is vital that you immediately consult with an experienced DUI defense attorney. If convicted of DUI, you may face jail time, fines, probation, community service, and mandatory drug and/or alcohol treatment. Your vehicle may be impounded. You will lose your driving privileges. Florida prosecutors take a tough stance on all DUI-related offenses. Below is a list of typical legal penalties for 1st, 2nd, and 3rd DUI offenses: 1st DUI offense * Up to 6 months jail time * $500 - $1000 in fines * 6 months to 1 year DL suspension * Up to 1 year probation * Up to 50 hours of community Service * Completion of DUI School * Possible vehicle impoundment * Possible vehicle interlock device * 2nd DUI Offense Up to 9 months jail time * $1,000 - $2,000 in fines / court costs * Up to 5 years license suspension * Up to 1 year probation * Up to 50 hours community service * Completion of DUI school * Possible vehicle impoundment * Vehicle interlock device 3rd DUI Offense (Felony) * Up to 5 years in Prison * $2,000 - $5,000 in monetary fines * Up to 10 years DL suspension * Up to 5 years probation * Up to 50 hours of community service * Completion of DUI school * Possible vehicle impoundment * Possible vehicle interlock device What Can a Palm Bay DUI Attorney Do For Me? Contacting an experienced Palm Bay DUI lawyer is the best protection you can give yourself. Palm Bay DUI attorney Richard G. Canina will carefully scrutinize the facts of your case and will form defenses on your behalf. Some of the questions he will address in your initial consultation include: ¥ Why were you stopped? ¥ Did you perform field sobriety tests? ¥ Did you submit to a breathalyzer? ¥ Did you submit to a blood and/or urine exam? ¥ How I can help you keep your Drivers License Why Were You Stopped? Mr. Canina will look into the nature and circumstances of the initial stop of your vehicle. Your constitutional rights may have been violated. If he finds evidence that the police unlawfully stopped you, he may be able to have your charge dismissed. Did You Perform Field Sobriety Tests? If the officer has reason to suspect that you are intoxicated, he/she may administer a series of Standardized Field Sobriety Tests (SFSTÕs): a series of 3 approved tests (and possibly more) administered and evaluated by the officer to obtain valid indicators of impairment and to establish probable cause for arrest. The results of these tests are NOT absolute proof that you were intoxicated! Failing a field sobriety test does NOT mean you will automatically be convicted! Since 1985, Mr. Canina has defended hundreds of clients against flawed field sobriety tests. Did You Submit to a Breathalyzer? If you took the Breathalyzer and the machine registered above the legal limit, donÕt worry. Mr. Canina can challenge those results. Breathalyzer results are NOT absolute proof of guilt. They are NOT 100% accurate. Mr. Canina has challenged numerous, flawed Breathalyzer results. A faulty Breathalyzer result shouldnÕt lead to a conviction. If you believe your results were inaccurate, contact the Law Office of Richard G. Canina today for a FREE consultation. Did you Submit to a Blood or Urine Exam DonÕt worry if you submitted to a blood test or urine test at the police station. Those results can be challenged as well. They are NOT 100% accurate. Blood and urine tests must be administered according to strict guidelines in order to yield accurate results. If the results were vague or if the test was administered incorrectly, you may be able to avoid a conviction. Afraid of Losing Your DriverÕs License? Upon being arrested for DUI, your license is automatically suspended, regardless of the outcome of your case, if you either (1) refuse a blood, breath, or urine test, or (2) have a blood alcohol level of .08 or higher. If you wish to keep your driving privileges, you have Ten days to request a formal review hearing with the Department of Motor Vehicles. Winning this hearing is the only way to get your license back if youÕve been arrested for DUI.
3. Schwendeman & Bass: Why it is important to find an experienced DUI Attorney? DUI (Driving Under the Influence) is a serious offense and if you have been charged with a DUI or driving drunk you should seek legal help at once from a DUI Attorney. Each year, states enact stronger DUI laws and more severe drunk driving penalties. You could lose your driver's license, be placed in jail and fined substantial fees. Your car insurance rates may rise and you could end up with a criminal conviction on your record that could impact your future and your employment opportunities. Using a DUI attorney or DUI Lawyer who focuses on drunk driving defenses could make a substantial difference in the outcome of your particular case. It is important that you chose a criminal defense lawyer who primarily dedicates their practice to DUI defense, because they know the DUI laws and drunk driving consequences in your state. Choosing the right DUI lawyer may help you save your driver's license and get your drunk driving charge reduced or even dismissed.
4. Morgan & Barbary: Depending on the evidence in your case, an experienced DUI attorney can often avoid a conviction, jail time and harsh suspension of your license. Less experienced lawyers may not be aware of possible defenses or the long-term impact of a drunk driving offense on your record. Your choice of legal representation does matter.
5. Bass, Todd: Florida State Law Is: You only have 10 days from the date of your arrest for D.U.I. to file for your formal review hearing with the Department of Motor Vehicles. My office will prepare and file the necessary paperwork for you! Florida has some of the toughest DUI laws in the country. You face a criminal record, loss of driving privileges, probation, heavy fines, alcohol abuse counseling and a possible jail sentence.
6. Curran, John: If you have been arrested or charged with a crime, you need to speak with an experienced criminal defense attorney immediately. The initial stages of a criminal case are critical to the outcome. Our experienced attorneys are not afraid to go to trial.
7. Onek & Mawn: Individuals convicted of a crime in the State of Florida, whether through their own admission of guilt or through the determination of a jury, are subject to, among other penalties, fines, imprisonment, probation and community service. Defending your criminal case in the strongest possible way is critical to your freedom and your future. The outcome of any criminal case depends upon the facts surrounding the crime charged, the strength of the evidence, the legal validity of law enforcement and courtroom procedure, and the goals and strategy of the government and defense.
8. Barbary, Patrick: In DUI / DWI cases, the incidence of bad stops and unlawful arrest in Brevard County, Florida is significant.
9. Zilatis & Curran: If you have been arrested or charged with a crime, you need to speak with an experienced criminal defense attorney immediately. The initial stages of a criminal case are critical to the outcome.
10. Ronald Ecker: If requested by a defendant, a trial court is required to instruct a jury on any defense theories that are raised by the evidence. The defendant may raise those theories by his or her testimony alone. Also, the defendant is entitled to jury instructions on his or her affirmative defenses. The defendant's affirmative defenses do not need to be strong or to be uncontradicted in order for the defendant to be entitled to jury instructions on his or her affirmative defenses. The trial court is required to instruct the jury on the defendant's affirmative defenses, even if the trial court does not find that the affirmative defenses are credible or believable.
11. Curtis Flajole: Penalties for DUI Conviction Based on Driver's Blood-Alcohol Concentration Every state makes it a crime for a driver to operate a vehicle (car, motorcycle or commercial vehicle) while under the influence of alcohol or drugs. Commonly called driving under the influence (DUI), this offense may also be called driving while intoxicated (DWI), operating under the influence (OUI) or operating a motor vehicle intoxicated (OMVI). There are two situations when a driver can be arrested and convicted for DUI: 1. When the driver is unable to operate a vehicle safely as a result of being impaired by alcohol, illegal drugs, prescription medications (e.g., painkillers) or over-the-counter medications (e.g., antihistamines); or 2. When the driver is operating a vehicle above the state's set blood-alcohol concentration (BAC) standards. A driver's first DUI conviction is normally charged as a misdemeanor, but may increase to a felony in some states if someone was injured or if it is a repeat offense. For example, DUI may be charged as a felony in California if the accused has three or more prior DUI convictions.
12. Morgan & Barbary: Many states have now lowered the legal blood alcohol concentration (BAC) limit from .10 to .08 percent for adults, and more than a dozen states have passed Zero Tolerance laws that prohibit drivers under twenty-one years old from having any measurable amount of alcohol in their blood system. As the legal limits decrease, so do your chances of being charged with drunk driving if you choose to drink and drive. If you've been arrested for drunk driving, you need the skill and expertise of an experienced drunk driving attorney to see you through the complicated legal maze that awaits you.
13. James Kontos: In today's society, a vehicle is a necessity. If you have been stopped for DUI, there are many things that you need to do before appearing in front of a judge. Your best shot at being able to continue driving and avoiding jail time is to take quick action and contact an experienced attorney. ...there is more to think about than the court date, which will probably be scheduled months after your arrest. Other proceedings threaten your ability to continue driving. The Department of Motor Vehicles begins the process to suspend your license immediately after you are arrested. State law requires that you contact the DMV within 10 days of your arrest to schedule an administrative hearing to contest your suspension and extend your driving privileges. (This 10-day period includes weekends and holidays.)
14. Ronald Ecker: The laws surronding Driving Under the Influence are unique and ever changing. It is important to have an attorney that understands this complex area of law and keeps up with the changes to ensure quality representation. If you have been arrested for the crime of Driving Under the Influence, the State has already administratively suspended your drivers license for either 6 months, if you blew over .08 on an approved breath testing machine, or 12 to 18 months if you refused a breath test. This suspention must be challenged with 10 days of the arrest or the challenge is waived. It is important to act quickly to protect your right to drive. The administrative suspention is only the beginning of the maze that one finds themselve in when arrested for DUI. The State has legislated mandatory punishments for anyone convicted of DUI, and the punishments get more severe for repeat offenders. These mandatory punishments include jail time (repeat offenders), probation, fines, community service, driving school, driver license suspension and impounding of your car. In addition to the substantial punishment provided by law many insurance companies will drop your coverage based on a DUI and those companies that will insure you will only do so at a greatly increased premium. As bad as all this is it doesn't even address the personal embarrasment from friends and business assosciates who may learn of the arrest in the paper or because you have to rely on them for transportation since your car is impounded and your license suspended. It is easy to see how importatant it is to protect your rights and have a lawyer that can fight to help you avoid the stigma and punishment that comes with a DUI conviction.
15. Mario, Moreau, Gunde and Powell: Because many people get confused about the administrative remedies available when a drivers license is taken and because most people are also facing the criminal charges of DUI in addition to the administrative suspension of their license, it is strongly recommended that you consult with an attorney experienced in handling DUI and drivers license suspension cases.
16. Golub & Segal: If you have been charged with a DUI, read the back of your ticket, you have ten (10) days, from the date of your arrest, to file for a formal review hearing.
17. Mark Gager: The most common means of proving impairment is by breath test which theoretically determines the percentage of alcohol in your blood. When arrested for DUI, the police will request you submit to a breath test. If your blood alcohol content is at least .08% or if you refuse to submit to a breath test, then the police take your license on the spot. For people under 21 years of age .02 is the legal limit. Your DUI citation will serve as your temporary permit to drive but only for a period of 10 days. After that your license will be suspended and you will not be eligible for an employment permit for an additional 30 days if you take the breath test or 90 days if you refuse the breath test. This can be contested before the Department of Motor Vehicles. Facts Everyone Needs to Know About Drunk Driving If you are charged with DUI or DWI, it means that alcohol or a controlled substance has impaired your normal faculties and reactions. Even though most people arrested for DUI are generally nice people in the wrong place at the wrong time, DUI has long been considered a serious threat to public safety. This is because drunk driving can and does kill people. When pulled over or arrested for DUI, the police will request that you submit to a breath test. If your blood alcohol content is .08 percent or above, or if you refuse to submit to a breath test, the police take your driver's license on the spot. We know the issues with breath tests and field sobriety tests and can help you fight results. Your DUI citation will serve as your temporary permit to drive but only for a period of 10 days. After that your license will be suspended and you will not be eligible for an employment permit for an additional 30 days if you take the breath test or 90 days if you refuse the breath test. You have 10 days from the date of your arrest to request a Department of Motor Vehicles (DMV) hearing to fight this license suspension. The DUI and DWI laws are designed to be harsh and are very specific about the numerous DUI penalties you must suffer if you are convicted. These can include jail time, mandatory community service, probation, prolonged driver's license suspension, and compulsory driver improvement school. Repeat offenders are treated even more severely.
18. Steven Casanova: Like anything else in life, practice makes perfect; but, when it comes to the FIELD SOBRIETY TESTS (FST's), there really is no way to practice. How To Calculate Your Estimated Blood Alcohol Content (BAC) The estimated percent of alcohol in the blood by number of drinks in relation to body weight can be estimated by: 1. Counting your drinks. Remember: 1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer. 2. Under number of "drinks" and opposite "body weight" find the percent of blood alcohol listed by using the table below 3. After finding this number, subtract the percent of alcohol taken in during the time elapsed since your first drink. This figure is .015% per hour. For example: 180 lb. man - 8 drinks in 4 hours / .167% minus (.015x4) = .107%
19. Crutchfield & Saxon: Many people drink alcoholic beverages at social gatherings or during evenings out on the town. Most are responsible drinkers who would never intentionally drive drunk. Yet, numerous "social" drinkers are caught up in the legal system each year--charged with Driving Under the Influence (DUI).
20. Robin Lemonidis: By accepting the privilege extended by the laws of this state to operate a motor vehicle, and upon your arrest for DUI or any DUI-related crime, you are deemed to have given your consent to submit to an approved chemical or physical test of your breath for the purposes of determining the alcoholic content of your blood, and to a urine test for the purposes of detecting the presence of drugs. However, you may refuse to take such tests -- unless you are involved in an accident involving serious bodily injury or death to another human being.