Orlando DUI Lawyers
- Namey, John:
Orlando DUI Fight to avoid fines & penalties with a drunk-driving
lawyer
Florida drunk driving convictions carry serious penalties that have
lasting effects on your life. If you are arrested for drunk driving,
the best way to maintain the quality of your life before the arrest is
to avoid conviction.
Many people believe that a drunk-driving charge is a minor ordeal, but
itŐs rare for someone convicted of an Orlando DUI to get away with less
than $5000 in total fines, fees, surcharges, and expenses.
Consider just the initial conviction expenses without expenses related
to probation, mandatory classes, insurance surcharges, or DMV fees:
* First conviction: Not less than $500 or, in other circumstances,
not less than $1000; 50 hours of community service or an additional
$500 * Second conviction: Not less than $1000 or, in other
circumstances, not less than $2000; mandatory imprisonment of at
least 10 days * Third conviction: Not less than $2000 or, in other
circumstances, not less than $4000; mandatory imprisonment of at
least 30 days
Now, calculate the potential loss of income while handling the charge,
the additional expenses in transportation, and the value of any effects
criminal convictions may have on your career or your ability to gain
entry to schools that may help your career.
The cost of that DUI charge could be tens of thousands of dollars.
Younger people have even more to loseŃthe length of time the effects of
a DUI might compound is longer, and, for minors, assuming juvenile
charges have little or no impact is an unfortunate mistake.
- McNeal, Shane:
Criminal Offense of Driving Under the Influence of Drugs
The criminal offense of driving under the influence of drugs is similar to the criminal offense of driving while under the influence of alcohol. The crime of driving under the influence of drugs is codified and defined in the same statute as drunk driving in most states. The elements of driving under the influence of drugs are also virtually identical to the elements for drunk driving.
To convict a defendant for driving under the influence of drugs, the prosecutor must prove that the defendant was driving or in physical control of a vehicle in a prohibited place while under the influence of a drug or combination of drugs. The definition of what is a drug is very broad and includes any substance that can affect a person's mental or physical capacities to the extent that driving may be affected. A conviction requires that the defendant was under the influence of a drug or drugs, but the prosecution is not required to prove any of the elements of possession of the drug. Further, in most states that prosecution does not have to show evidence of unsafe or erratic driving.
The prosecution is not required to show that the defendant was aware that he or she was under the influence of drugs at the time of driving or that the defendant intended to drive while under the influence of drugs. However, some courts have required a limited knowledge element if the drugs at issue were medically prescribed. Therefore, impairment by prescription drugs may be a defense in some situations.
The defense used in many actions for driving under the influence of drugs challenge the admissibility of drug use or impairment on grounds that the evidence is unreliable, that the officer testifying is not an expert in drug recognition, or that the evidence of low drug concentration is irrelevant and prejudicial. If you are charged with the criminal offense of driving under the influence of drugs you should immediately contact an experienced criminal law attorney. An experienced attorney can advise you on how to proceed in order to best protect your legal rights.
- Marin, Carmelina:
state or federal crimes in Florida-from traffic tickets and misdemeanors to major felonies, DUI charges and DMV driver's license suspension hearings, theft and property offenses, drug charges, violent crimes, juvenile cases, grand jury cases, and probation or parole violations
- McChesney, Blaine:
Criminal Defense:
Assault, Battery, Burglary, Dealing In Stolen Property, Domestic Violence, Driving Under the Influence, Driving With a Suspended License, Drug Offenses, Manslaughter, Murder, Robbery, Sex Offenses, Stalking, Theft
Juveniles
Violations of Probation
Bond hearings
Appealing prior convictions
Sealing and Expunging Criminal Records
- O'Mara, Mark:
DUI/DWI charges are serious. A conviction can mean large fines, driver's license suspension, increased insurance rates and even possible jail time.
- McDonnell, Hugh:
DUI/Driving Under the Influence:
"DUI" stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities.
- Blaine McChesney:
The DUI (driving under the influence) and DWI (driving while intoxicated) laws across the United
States have become increasingly more strict. Legal limits for blood alcohol content are at an all
time low. In Florida, the 3rd DUI within 10 years is considered a felony. If you have been accused
of or charged with drunk driving, you need the assistance of an experienced DUI
attorney.
- Some counties throw out the results of the intoxilyzer tests. Some do
not. To blow or not to blow ends up being a very controversial topic.
- It is extremely important for you to get to
a lawyer as soon as possible after being cited for drunk driving. The Department of Motor Vehicles
(DMV) works very quickly to suspend your license. You only have 10 days to petition for a hearing
in order to attempt to prevent the suspension of your license.
- If charged
with a DUI, you are facing fines and jail time, both of which are more severe if you were involved
in an accident, or a minor was present in the vehicle.
- Gregory Meeks: DUI or Driving Under the Influence results in a criminal charge as well as action against your driver's license through the department of motor vehicles. In the criminal court, you could be sentenced to up to 6 months of jail for a first offense and a third offense can be punishable by up to 5 years in state prison. Additionally, the Department of Motor Vehicles could suspend your driver's license for a period of 6 months to life depending on your driving record. The DUI laws are complex and subject to change by the state legislation. An arrest for DUI can have very serious consequences. Your license may already be suspended if you refused to submit to the tests the officer "asked" you to do or if your blood alcohol level was .08 or higher. It is very important to know that you only have 10 days from the date of your arrest to challenge this administrative suspension. You must request a hearing within this 10-day period.
- Andrew Moler: What does it mean to prove guilt "beyond a reasonable doubt?" The prosecutor must convince the judge or jury hearing the case that the defendant is guilty "beyond a reasonable doubt." This standard is very hard to meet. (By contrast, in non-criminal cases, such as an accident or breach of contract, a plaintiff has to prove her case only by a preponderance of the evidence -- just over 50%.) As a practical matter, the high burden of proof in criminal cases means that judges and jurors are supposed to resolve all doubts about the meaning of the evidence in favor of the defendant. With such a high standard imposed on the prosecutor, a defendant's most common defense is often to argue that there is reasonable doubt-that is, that the prosecutor hasn't done a sufficient job of proving that the defendant is guilty.
- Mosley & Mosley: The exclusionary rule bars law enforcement from using evidence in jury trials that was seized in violation of the Fourth Amendment's provisions against unlawful searches or seizures. However, in carefully defined circumstances, numerous exceptions to the exclusionary rule permit otherwise unlawful searches or seizures. Under the "good faith exception," evidence obtained from a search or seizure subsequently determined to be unlawful may be used if a reasonably well trained police officer would have believed that the search was lawful.
-
NeJame, LaFay, Barker, Quintana, Tumarkin & Cina:
Driving under the influence of an alcoholic beverage is a serious offense in Florida and its defense may be challenging.
If you are charged with DUI in Florida:
- You will be kept in jail for at least 8 hours
- Your license will be suspended immediately
- If your license was valid at the time of the incident, you will be allowed to drive with your DUI ticket for the next 10 days.
- You have 10 days from the day of the incident to get your drivers license back
- A temporary permit may be obtained to allow you to drive for up to 45 days until your hearing date.
Being convicted of Driving Under Influence (DUI) in Florida has the following serious legal consequences (for first-time offenders):
- DUI school
- Up to 6 months in jail
- Suspension of your driving privileges for at least 180 days and up to one year.
- Not less than 50 hours of community service
- Not less than $250 or more than $500 fine plus court costs
- Not more than one year probation
- Victim awareness program
- Vehicle impoundment
- Permanent DUI conviction on your record for life, which means criminal record
Fighting a DUI case requires special skills, extensive legal knowledge and a lot of experience in the criminal justice system.
- Pribel, Kevin: If you have been charged with DUI, a change in the law in effect since July 1,1995, may have a dramatic effect on you. The Department of Highway Safety and Motor Vehicles is imposing "hard suspension periods" on all DUI offenders who have a blood alcohol level of .08% or above or who refuse to submit to a chemical test of their breath. The effect of the law is that all DUI offenders will lose their privilege to operate a motor vehicle in Florida for 30 to 90 days without any hardship or business purpose license.
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