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Search for Florida DUI
Attorneys by County.
Panama City & Beach DUI Lawyers
Pamama City
- Appleman & Shepard:
Confusion reigns. Questions abound. Where to go? Who to talk to? Was my DUI arrest legal? Did the police handle my traffic stop by the book?
- Trappe, Stan:
In technical terms, anyone can be arrested for DUI in Florida if he or she has more than .08 or more grams of alcohol per 210 liters of breath or .08 grams or more of alcohol per 100 milliliters of blood in his or her system.
Depending on the defendant`s personal situation and history, the penalties for a DUI in Florida can be quite severe. A conviction for a first-offense DUI carries fines ranging from $250 to $500 and the potential for up to six months in prison. A second offense carries fines ranging between $500 and $1,000 and a conviction can also result in up to nine months in prison. A second conviction can also require a driver to place an interlock ignition device on the defendant`s car for a period of one year, and the defendant must pay all costs associated with this device.
After a DUI conviction, the ³clock ticks² on the defendant for a period of ten years. If a person is convicted of a second DUI within ten years of the original offense, he or she will be convicted of a third-degree felony that carries a potential of up to one year in prison. A second conviction will also require the defendant to place an interlock ignition device on his or her car for a period of two years, and he or she must again pay all costs associated with the device.
Field Sobriety Testing
In Florida field sobriety testing is a standard part of almost any DUI stop and arrest, and although the constitutionality of these tests has been challenged several times, no definitive ruling has ever been made in this regard. Absent this type of ruling, states are generally free to impose their own regulations as they relate to field sobriety testing, and Florida is no different.
In fact, Florida`s laws regarding field sobriety testing are among the most stringent in the United States. The state legislature made significant changes to this law in 2002, and these changes added the ability for prosecutors to add an additional misdemeanor charge to a defendant`s arrest if he or she refuses to cooperate with a field sobriety test and the defendant`s record includes any past instance of refusing to comply with field sobriety testing.
DUI Penalties
DUI penalties include fines, license suspensions and even time in jail in certain situations. The fines generally range from $250 to $1,000, but that does not include all of the additional costs of higher insurance rates, alternate transportation and perhaps the costs of interlock ignition devices in certain cases. Below is a schedule of suspension durations that result from a DUI conviction in Florida:
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
€ A. First Conviction: Minimum 180 days revocation, maximum 1 year.
€ B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
€ C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.
€ D. Fourth Conviction, Regardless of When Prior Convictions Occurred and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
€ E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
€ F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
- Price, William:
Being accused of a crime can be a very traumatic experience. If handled improperly, it can be a life altering experience as well. It is important to retain an attorney that gives your issues the attention required, without further complicating an already delicate situation.
- Elizabeth Whitehead:
A traffic ticket can have serious consequences. Most tickets are minor 'violations', but some traffic violations actually are criminal charges in which a conviction can result in costly fines, loss of your license, and even imprisonment.
- Dowgul & Wilson:
Choosing the right attorney to help get you through this difficult situation is an important decision. You are probably unable to focus on anything other than your pending criminal case. You may be wondering what will happen to you.
- Jonathan Dingus:
You should consult an attorney for individual advice regarding your own situation.
- John Uskert:
The most restrictions to one's civil rights and liberties naturally occur in the criminal justice system. Being arrested, incarcerated or even being charged with a crime can have a devastating effect on not only the defendant but also his/her family and friends.
The criminal justice system sometimes moves swiftly, but often can lead to lengthy preparations for trial, including attending arraignments, pre-trial conferences, depositions, conferring with investigators, witnesses and agencies.
If you or someone you know has been arrested, implicated in, or accused of a crime in the Bay County and Panama City region of Florida, you should contact an experienced criminal defense lawyer right away. Many people give up rights that they don't even know they have because they did not do so - don't be one of them!
- Carroll McCaully:
Freedom is precious. If you have been charged with a crime, the thought of going to prison and loosing your freedom is terrifying. At times like these, choosing the right Florida criminal defense lawyer can make a difference in the outcome of your case.
- Tanya Higgins:
If you or a loved one or a friend has been accused of a crime in the Panama City, Florida area, you need a good lawyer immediately. An experienced, dedicated attorney can make sure the rights of the accused are being protected from the very start, and prevent the accused from saying anything that could lead to a jail or prison sentence, probation or major fines.
- Karl Trucks:
When facing DWI or BWI charges hiring a DWI/BWI lawyer can be the difference between keeping your drivers license and losing it. It can even keep you out of jail.
- Trappe & Dusseault:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI charges will result in fines and possibly land you in jail. In
addition, your insurance company may increase your rates to an
unmanageable level. In defending against an under the influence or
impaired driving charge, you have many rights as a criminal defendant,
including the right to cross-examine the witnesses against you, even if
they are police officers, and to obtain a temporary driving permit
while your case is pending.
- Hoot Crawford:
Traffic violations can have serious criminal consequences, particularly
when a driver is accused of driving under the influence. A conviction
on DUI/DWI charges will result in fines, driver's license suspension or
revocation, and possibly land you in jail. In addition, your insurance
company may increase your rates to an unmanageable level. In defending
against an impaired driving charge, you have many rights as a criminal
defendant, including the right to cross-examine the witnesses against
you, even if they are police officers. An experienced attorney can make
all the difference in such a difficult case.
What to do if you're arrested
What to do when you are stopped
1. Stay calm and in control of yourself including your words, tone of voice, body language, and emotions.
2. Do not run or walk away. Keep your hands where police can see them -- don't put them in your pockets. (Don't make the police nervous by wondering if you have a weapon.) Don't make any sudden movements. Never touch a police officer.
3. Give your name and address only if you're asked to, but remember you don't need to say anything more. (The caveat is that if the police are annoyed by your refusal to say more, they may haul you in out of spite.) Remember, anything you say or do can be used against you later.
4. It's illegal for the police to search you if you're not under arrest. (Of course, they may do so anyway.) The police may ask you for permission to search. DO NOT GIVE THE POLICE PERMISSION TO SEARCH ANYTHING, POLITELY REFUSE BY SAYING NO AND REQUESTING AN ATTORNEY. Once you GIVE them permission, then you can't argue later in court that they performed an illegal search.
5. Try to remember the officers' physical decriptions. Try to memorize badge numbers, names, license plate numbers, and police car numbers. Once the police stop questioning you, write all this down as soon as you are able.
6. Ask bystanders to stand at a discreet distance and observe. The police are less likely to do something wrong if there are people watching. People have a right to stand at a reasonable distance and observe as long as they do not interfere. (The police may consider that bystanders repeatedly asking them questions constitutes "interference".) Get the names and phone numbers of the witnesses afterward in case you need them in the future.
7. If you are being abused, don't resist. Once multiple officers start hurting you, you can't stop them by resisting, and struggling may only encourage them. Think of a cat playing with a mouse -- while the mouse is struggling, the cat is excited, but when the mouse stops moving, the cat loses interest. In some cases, the police may continue to abuse you even if you don't struggle, but since struggling can't help you, it's best not to try. If there are ten officers on scene I don't know how many it will take to whip your butt, but I can tell you how many they will use (thanx Ron White)
8. If they let you go and you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first and ask for a copy of the records and bring them with you to your attorneys office.
9. If you feel your rights have been violated, file a written complaint. Keep a copy of the complaint, and make sure a family member or close friend has a copy.
10. ALWAYS be polite and respectful.
- Thomas Cassidy:
Persons convicted of driving a commercial vehicle with a blood alcohol
level of .04 or above, driving a commercial motor vehicle while under
the influence of alcohol or controlled substances, or driving a
commercial motor vehicle while in possession of a controlled substance
shall be disqualified from operating a commercial vehicle for a period
of one year.
Panama City Beach
- Christopher Patterson:
You have elected to proceed with a trial by jury. It is your constitutional right to a public trial by an impartial jury. Prospective jurors shall be assembled, and examined to determine if they are qualified to serve as a trial juror. Jurors may be disqualified for cause if they demonstrate an obvious bias to the case. Otherwise, you are permitted a number of peremptory challenges to be exercised with discretion. The goal is to assemble a fair and impartial trial jury to hear the merits of your case.
At the beginning of the trial the attorneys will have an opportunity, if they wish, to make an opening statement. The opening statement gives the attorneys a chance to tell what evidence they believe will be presented during the trial. What the lawyers say is not evidence.
Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys. Documents and other exhibits also may be produced as evidence.
After the evidence has been presented, the attorneys will have the opportunity to make their final argument.
Following the arguments by the attorneys, the court will instruct the jury on the law applicable to the case.
After the instructions are given, the jury will retire to consider its verdict.
You have entered a plea of not guilty. This means the jury must presume or believe you are innocent. The presumption stays with you as to each material allegation in the information or indictment through each stage of the trial unless it has been overcome by the evidence to the exclusion of and beyond a reasonable doubt.
To overcome your presumption of innocence, the Government, or State (as the case may be), has the burden of proving the crime with which you are charged was committed and you are the person who committed the crime.
You are not required to present evidence or prove anything.
The Government (State) must prove beyond any reasonable doubt the essential elements of the crime it has charged. The term "reasonable doubt" is defined as a real doubt, based upon reason and common sense after careful and impartial consideration of all the evidence in the case.
Proof beyond a reasonable doubt, therefore, is proof of such a convincing character that you would be willing to rely and act upon it without hesitation in the most important of your own affairs. A reasonable doubt is not a mere possible doubt, a speculative, imaginary or forced doubt. A reasonable doubt as to the guilt of a defendant may arise from the evidence, conflict in the evidence, or the lack of evidence.
Finally, the jury will be instructed as to how to conduct its deliberations. They must base their decision solely upon the evidence presented during the trial. Whatever verdict they render must be unanimous, that is, each juror must agree to the same verdict.
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