Panama City & Beach DUI Lawyers
- Pamama City
- Stephenson, Dustin: CRIMINAL TRIAL LAW FELONIES ¥ MISDEMEANORS ¥ JUVENILE DUI / TRAFFIC ¥ PROBATION VIOLATION STATE & FEDERAL COURT
- Anderson, Lisa: DUI Defense Did you know that your DUI citation suspended your driving privileges? You must act soon. Florida law allows you only 10 days to contest the immediate suspension of your driverÕs license by requesting a formal review hearing with the DHSMV. Additionally, the formal review hearing can provide important information in your criminal case. Early action may be critical to your case. Statutory Penalties for a 1st time DUI conviction: Up to 6 months jail Fines and court costs up to $1,000 Up to 12 months probation Up to 12 months driverÕs license suspension Fifty hours of community service DUI school Victim Impact Panel Ten day vehicle immobilization If your breath result is a .20 or higher: Ignition Interlock Device Fines and court costs up to $2,000 Dealing with a DUI charge is complex and should be handled by a DUI Attorney who focuses on defending DUI cases.
- Benedik Law Firm: Driving under the Influence (D.U.I.) ¥ Driving while license suspended or revoked ¥ Reckless Driving ¥ Aggravated Battery or Sexual Battery ¥ Any degree of Stalking ¥ Any degree of Murder or Manslaughter ¥ Weapons / Firearm offenses ¥ Possession or Sale of Controlled Substances ¥ Any degree of Robbery or Burglary ¥ Any degree of Theft ¥ Domestic Violence ¥ Disorderly Conduct ¥ Harrassing Phone Calls ¥ Aggravated Child Abuse
- Sombathy Defense: DRIVING UNDER THE INFLUENCE (DUI) Remember always drink responsibly and always use a designated driver. You can be arrested for DUI with a Blood Alcohol Content of 0.8 or higher or if your normal faculties are impaired. Normal faculties may be impaired on other substances than alcohol. Not driving? You can still be arrested for DUI if you are in actual physical control of the vehicle. For example, sitting behind the wheel of a parked car. Even if you submit to a breath test you still have the right to an independent blood test if you request one promptly upon arrest. This may cost you some money upfront, but could provide a more accurate result. Law enforcement is required under statute to render reasonable assistance in helping a driver obtain an independent blood test upon request. This blood test result may be used to challenge the breath test result. If you refuse to submit to a breath test your license can be administratively suspended by the Florida Department of Motor Vehicles. You only have 10 days from your arrest to challenge an administrative suspension. As a Board Certified Criminal Trial Lawyer, Bob Sombathy has represented hundreds of clients charged with Driving under the Influence in both criminal court and administratively at the Division of Motor Vehicles.
- Dingus, John: look at every aspect of your incident and arrest, considering: * Results of your breath test, or the circumstances of your refusal to take one * Your driving patterns or other reasons for a traffic stop * Your performance on field sobriety tests, and whether video evidence exists * Statements made by you, police and witnesses
- Harper, Harry: Car Stops and Field Sobriety Tests - Issues That Affect Results There is a correct process and procedure that must be followed when giving a field sobriety test. In certain respects, field sobriety tests are designed to create failure: even under ideal circumstances, sober people can have difficulty walking toe to toe, walking in a straight line or performing other aspects of a sobriety test. In this sense, a field sobriety test is intended to give an arresting officer "probable cause" to make an arrest for drunk driving. How the test is administered can determine whether probable cause existed in the first place Breathalyzers - Understanding How Results Can be Artificially Effected Breathalyzers work by measuring the amount of alcohol saturation in the blood of the lungs' air sacs. If you take a deep breath and blow hard, air is drawn from deeper in the lungs where alcohol saturation is at its highest; if, however, you blow from higher up in your diaphragm, the air will likely contain less alcohol saturation. While this may not be important in cases where a suspect is significantly drunk, it is important when a suspect's blood alcohol level is near - but under - the legal limit. Additionally, how a breathalyzer is calibrated and maintained will impact whether or not its results are dependable.
- Virga Law Offices: THE 20 MOST ASKED DUI QUESTIONS 1. When can I speak to one of your attorneys? Response: Except in emergency situations (e.g. a person in jail), our attorneys generally will not be the first person that you reach. Our highly trained staff members can answer almost all questions. If an immediate need exists, we will make every effort to let you talk to an attorney when you call in. Almost every day, our attorneys are in court or involved with previously scheduled client interviews. Every person charged with a crime who calls and sets an appointment will get to talk to one of our attorneys free of charge for the initial consultation. It is expected that you appear on time and bring ALL of your paperwork with you. When you come in for your free consultation, you will be told the favorable and unfavorable aspects of your case and how we would approach handling your case, based on the knowledge we have in front of us at the time of the consultation. Over the course of the case the information available may change and we will advise you and provide you a copy of any new information we receive during the case, should you retain our services.. This will allow you to evaluate your options, so that you may make decisions about how you want to proceed with your case. You are not obligated to hire one of our attorneys merely because you have a free, initial appointment. 2. How long does a DUI conviction stay on my record? Response: In Florida, a DUI conviction stays on your record effectively for life. Most other states have similar laws. A DUI in Florida is not always a misdemeanor, if you have the 3rd DUI charged and your last DUI is within the past ten years you may be charged with a felony, or if this DUI is your 4th or greater DUI you may be charged with a felony. Additionally, drivers with multiple, serious, driving convictions are declared Òhabitual traffic offenders.Ó A person driving after being declared a habitual traffic offender commits a felony merely by driving, unless they have obtained a valid business purpose license from the Department of Motor Vehicles. Click Here to see a list of DUI expert witnesses A conviction can result in possible denial of job opportunities or restrictions on credit because the conviction is a public record and is typically retrieved by credit reporting agencies. In addition, a conviction can cause an increase in premiums or cancellation of your auto insurance. In the last 10 years, many rental car companies have begun denying rental privileges to a person with a DUI conviction for as long as six (6) years after a DUI conviction. Some countries even restrict or prohibit travel by persons with a DUI conviction (e.g. Canada). All of these reasons explain why we fight for a non-DUI disposition to your case, or for an outright acquittal. 3. What is a ÒnoloÓ plea? Response: A "nolo contendere" (no contest) plea is of little or no use. In earlier years, a ÒnoloÓ plea could save a personÕs driverÕs license, so many people opted to seek this plea. The primary benefit to a driver now, would be to possibly limit use of the plea in a civil suit (if an accident with liability for damages or injuries has occurred). Today a ÒnoloÓ plea does NOT save your driverÕs license. The judge does not have to accept a "nolo" plea in any case. If a judge does accept it, you will still have stiff fines, perform community service, and possibly serve some jail time. The license suspension is the same as if a ÒguiltyÓ plea was entered. Hence, many people opt for trial, seeking to win the case. Even when it is used, a ÒnoloÓ plea counts as a prior conviction so that any future DUI arrests would be negatively impacted by more punishment than if a person had no prior history at all. 4 If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Florida? Response: Yes, DUI/DWI convictions from other states usually show up in a computer search conducted by the prosecutor, or the State may have already notified the Department of Motor Vehicles of your DUI and it already appears on you Florida record.. However, convictions from other states do not show up on every occasion. As a result of several national collaborations, states now share driver information. The power of the computer makes instant information of your prior driving history readily available. When we go into court on your behalf, we do not "volunteer" information about prior convictions. However, we must know your full record and be prepared to address this issue if the prosecutor presents it to the court. 5. Why is the questionnaire so long, and what if I canÕt remember everything? Response: The information is requested so we may prepare the best defense possible after having analyzed your responses to the questions. Your answers are never shared with any other person or entity without your express permission. Each detail that you give is necessary for: 1) assessing the strengths of your case; 2) obtaining a ÒbaselineÓ for what facts you recall from the arrest (so that we can evaluate any problem areas); 3) preparing for possible negotiations with the prosecutor; and 4) in possible jury selection, using facts about you or your past to help us select the jurors who would be best suited to hear your case. 6. How will my case be handled by your firm? Response: When we receive the questionnaires and discovery from the State we review them to determine the possible defenses and motions that might be presented in your case. Hoot will review every questionnaire personally and will personally review each discovery document in each case. After all his name is on the firm and he takes great pride in his firm providing the very best defense possible to all of your charges. Hoot cannot represent every one all the time but he has hand picked associate attorney(s) and staff to assist him during the many twists and turns that DUI cases may take from start to finish. Hoot will identify trial strategies and try to uncover favorable information. Hoot makes, and then attaches notes to each file, so his recommendations can be considered and implemented later. Hoot also takes into account how many alcohol-related or drug-related offenses you have had in your lifetime. Lastly, we look to see if there are any extenuating circumstances that would require any special defense to be asserted or if an expert will be needed to present your best defense. Considering the information provided, we can make a knowledgeable defense strategy and present your case to the jury should a trial be necessary. 7. How will a DUI arrest affect me if IÕm licensed from out-of-state? Response: Florida cannot suspend an out-of-state license; only your home state can suspend your license. Florida can only suspend your privilege to drive in Florida. A refusal to submit to an officerÕs request for a breath, blood or urine test, MAY result in a suspension of driving privileges in Florida (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for processing a notification of a refusal report vary in each state. Florida is obligated to send such notice to your licensing state. Some states take no adverse action against the license in the non-resident driverÕs home state for a ÒrefusalÓ to be tested; for an over the limit blow; or a blood urine test that tests positive for drugs/over the limit alcohol in Florida. 8. The officer took my license. When can I get it back? Response: Florida law permits an officer to confiscate the license of any motorist who the officer has probable cause to believe is under the influence of drugs or alcohol. In order to avoid a possible Òfalse swearingÓ charge; do not just apply for a new license (especially in Florida), because you can create even more problems for yourself. At your free consultation, ask us about how and when you may seek to have your license returned, or how you can get a business purpose license from the Department of Motor Vehicles, so that you can have your plastic license while awaiting trial. 9. Do I need a lawyer? Response: Every person can represent himself or herself in court. Because DUI is such a serious matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom, and your future employment options may hang in the balance. The choice is yours. We advise taking advantage of our free consultation to see whether you want to hire an attorney. Any person facing a second (or more) DUI in less than five (5) years (measuring from date-of-conviction to date-of-arrest) SHOULD always utilize an attorney capable of taking the case to trial. The new punishments for repeat offenders are serious and possibly life-changing. Winning (or trying to win) may be the only answer. 10. What is the "10 day" rule? And how is it applicable to administrative license suspension matters? Response: In Florida, if you either refused to submit to a breath or blood test, or if you submitted and had a result of 0.08 grams or more, (0.02 for those under 21 and 0.04 for anyone driving a commercial vehicle), the state will attempt to suspend your license or privilege to drive for six months up to five years. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a request for a formal (recommended) or informal (rarely advisable) review within 10 calendar days after the date of arrest or having your license taken by the officer. Filing a request for hearing for a first offense permits you to receive a temporary license (if you were not suspended at the time of the DUI) for a period of 30 or so days. For first offenders test, we can at least obtain a Òwork permit.Ó By properly and timely filing the appeal, limited-driving privileges will be granted (in most cases) until you have had a chance to have a hearing with a Department Hearing Officer. There will not be a jury. This is an additional administrative proceeding that we handle for you for the fee you pay us. At a minimum if you are in our office within ten calendar days of your arrest we will assist you in requesting a hearing and obtaining a business purpose license. No decision will be announced at the administrative hearing. However, you will be sent a decision in the mail within a few days after the hearing. The hearing is needed to determine if you will be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Florida prior to your trial. If a hearing occurs, and the officer is subpoenaed, it offers us a great opportunity to cross-examine the officer under oath about the facts of your case. This hearing can result in securing valuable information that may be useful in the criminal case, which will occur later.. 11. Why should I hire an attorney in your firm? Response: Hoot has been a member of the National College of DUI Defense (NCDD) since 2000 and has attended many of the advanced seminars sponsored by the NCDD www.NCDD.com . Additionally, Hoot is a lifetime member of Florida Association of Criminal Defense Lawyers www.FACDL.org and has attended many of the seminars sponsored by FACDL for DUI and criminal law since 1999. Hoot is the only attorney in North Florida who owns the Intoxilyzer 5000 and 8000, and who has taught other attorneys about both machines to raise the level of competence of the attorneys in representing their clients accused of DUI. Hoot has taught other attorneys about various aspects of DUI defense in Oklahoma, Arizona, Kansas, Mississippi, Louisiana, and Florida. HootÕs and his associates use their skills to challenge every aspect of a DUI arrest. In addition, Hoot belongs to several groups formed on a national and statewide network of other DUI practitioners in order to exchange and share information about new DUI laws, national and local trends in the law, and trial tactics. In short, through total dedication of our efforts in knowing and advancing DUI law and defense, we strive to give our clients the best representation possible. 12. Why am I receiving letters from attorneys seeking to represent me? Response: The United States Supreme Court has ruled that Òcommercial free speechÓ is protected under the First Amendment to the United States Constitution. Your arrest information is a public record and is available to any person asking for it. Our firm requests the information and sends a brochure to most people arrested in Bay County. Our brochure is approved by the Florida Bar. Absent a letter from an attorney advising people of the ten day window (see above) some people would never find out how to file for a formal review and receive a business purpose license. Most clients receive a barrage of mass mailings and it becomes difficult for a person to decide who they should hire to represent them. If you call our office we will schedule a time where you can come and talk to Hoot or one of his associates about your case and you under no obligation to hire Hoot or one of his associates and you will not be charged for an initial consultation with Hoot or one of his associates. The attorney you hire should impress you with his knowledge and professionalism and you should be comfortable discussing your case and concerns with the attorney. If you are not comfortable when you meet with the attorney it is not likely that the relationship will improve once you write the check to retain the attorney. Many of our clients are offended by this barrage of solicitations, especially since the majority of letters focus on pleading guilty -- a resolution which we rarely consider until all other viable options are explored. 13. If I am convicted, what is the worst thing that can happen to me? Response: It depends on your situation and the facts of your case. At a minimum if convicted of DUI, you will have to pay a fine, perform community service hours, have your car impounded, be placed on probation, attend DUI school and counseling (if recomended) Beyond these Òguidelines,Ó we have to evaluate your case based upon the facts, the prosecutor, your record, and the propensity of the judge in his/her sentencing for DUI cases. We will explain in more detail at your free consultation. 14. Will I get a harsher sentence if I fight the case than if I plead guilty? Response: Not always, but a sentence depends on many factors. Rest assured, we will advise you about this matter when you have your free interview. This question is one that is case-specific and judge-specific. Some judges may punish a person more after a jury trial, but not a bench trial (a trial in front of the judge only). You have the option of whether to seek a bench trial or jury trial, so we can control this to a certain extent. Your case may have a fantastic legal issue that needs to be appealed to a higher court, and this may require some sort of trial to be able to obtain the right of appeal. Be sure to discuss any concerns you may have about these issues at your free consultation. 15. Do I need to see an alcohol (or drug) counselor? Response: Maybe. We always encourage anyone facing alcohol-related or drug-related offenses to get an ASSESSMENT for any potential problem that may exist. If this offense is not your first alcohol-related offense, our free consultation with you will likely result in a recommendation that a private assessment be conducted. There are many reasons that this is a wise thing to do, not the least of which is correcting a costly and potentially dangerous health problem. WeÕll discuss how this assessment (and treatment, if recommended by your counselor) can be a Òsilver liningÓ for even a very bad case. We have a list of reputable counselors if you need names, locations and phone numbers. 16. Should I go to driving school or DUI school now? Response: No. Wait until we meet with you. Many important issues relating to attending risk reduction schools will be explained at your free interview. Moreover, many ÒquirksÓ exist about attending the classes, and weÕll try to give you guidance on this matter. 17. If I fight the case and lose, do I get any money refunded on legal fees? Response: No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Georgia prohibits ÒcontingencyÓ fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No. An attorney (like a surgeon) is compensated for his/her time, knowledge, expertise and legal acumen. That is our Òproduct.Ó In addition, we set a ÒfixedÓ fee -- not hourly -- so you will know how much you will pay for legal services. 18. Beyond legal fees, what other costs or expenses will I have in this case if I fight it? Response: Disregarding fines, there are always a few costs in the typical DUI case. We always use court reporters in all court proceedings. Otherwise, you could never appeal a judgeÕs erroneous rulings or trial errors. You pay these costs. We also use Òprocess serversÓ and couriers to hand-deliver subpoenas, pleadings, and other important documents. We do this so that we can prove to a judge the time, place and person, receiving these items if a challenge to ÒserviceÓ is ever made. Judges can be very unforgiving if an important witness fails to show up with subpoenaed documents, and we cannot prove that the witness was personally served in accordance with FloridaÕs subpoena law. In addition, some cases will require the services of other professionals. A case may need an investigator, an accident re-constructionist, an expert on breath or blood testing or similar non-lawyer assistance. We advise you in advance of these proposed major costs before obligating you to pay. 19. Do we have any control over which judge or prosecutor I get for my case? Response: As a general rule, no. Computer assignment or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it. 20. Are my chances of a favorable disposition without trial diminished since Hoot and his firm are so well known? Response: Not that we can tell, based upon our results and the results that we see other attorneys obtain.
- Appleman, Shepard & Trucks: 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 Òclock ticksÓ 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 & Hatcher: 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. Florida doesn't play around when it comes to the offense of drinking and driving. The punishment for a DUI is severe. As defined in Florida Statute 316.193, a DUI is operating a motor vehicle while impaired with any of the following: a blood alcohol level of .08 or higher, a chemical substance, or a controlled substance. The first DUI conviction carries stiff penalties; loss of license for one year, fines, community service hours and possible jail time. If you are convicted on a second DUI within five (5) years of the first conviction the penalties are more extreme including a mandatory 10 day jail sentence. If a third DUI occurs within ten (10) years of the two convictions there is a mandatory 30 day jail sentence along with other sanctions. A fourth DUI is a felony which is punishable up to five years in prison. Sentencing schedule for DUI's: 1st DUI: 2nd DUI 0 Ð 180 days in jail $250 - $500 fine 6 months to 1 year license suspension Business license after 30 days Interlock Device if court ordered Immobilization of vehicle for 10 days Community service hours 10 Ð 270 days in jail $500 - $1000 fine 1 year license suspension Interlock Device at least 1 year Immobilization of vehicle for 30 days Community service hours 2nd DUI within 5 years carries a mandatory minimum of 10 days in jail 3rd DUI: 4th DUI: (regardless date of prior convictions) 1 year in jail $1000 - $2500 fine Business license after 1 year Interlock Device for at least 2 years Community Service Hours 3rd DUI within 10 years minimum 30 days in jail with maximum of 5 years prison Up to 5 years prison Minimum $1000 fine License revoked permanently No business license at any time Community Service Hours All these penalties are based on a blood alcohol level (BAC) of .08 or more but less than .20. The penalties are harsher for BAC .20 or more. Also if you refuse to submit to the breath test your license will be automatically suspended. A DUI involving an accident with property damage or injury to another person is a 1st degree misdemeanor punishable up to 1 year in jail and fines up to $1000. A person charged with three DUI's within 10 years, or a fourth DUI within their lifetime, can be charged with a 3rd degree felony punishable up to 5 years in prison. A DUI accident involving serious bodily injury to someone else is a felony and punishable up to 5 years in prison and $5000 in fines. A DUI accident causing death is a 2nd degree felony punishable up to 15 years and $10,000 fine. If a person leaves the scene causing death it is a 1st degree felony punishable up to 30 years in prison and fines up to $10,000. DUI Arrest Law enforcement may suspect that a person is driving under the influence if they display certain behaviors. These behaviors are revealed through the person's driving and physical condition. An officer may suspect that a person is operating a motor vehicle while intoxicated if they: * make extremely close or wide turns * run traffic lights * stop for no reason * nearly colliding with another vehicle * are weaving between lanes When stopping a person under the suspicion of driving under the influence, the officer will typically examine the person to see if they: * have an odor of alcohol on their breath * are slurring their words * have blood shot eyes * have a slow reaction to verbal direction If these behaviors are evident, the officer may request that the person take an Intoxilyzer (breath), Blood Alcohol Concentration (BAC), or urine test. If the person refuses to take these tests, their refusal can be used as evidence against them in court and also lead to harsher penalties if they are convicted. DUI Penalties DUI convictions often result in harsh legal consequences. If you are convicted of DUI, you may lose your license, have to spend time in jail, and/or pay large fines. A DUI conviction can lead to devastating legal consequences, emotional turmoil, and disappointment from the offender's family and friends. When a person is convicted of DUI, their life is subject to great restrictions and limitations. If you have been arrested for DUI in Florida, it is in your best interest to speak with a criminal defense attorney immediately after your arrest. The Law Office of Dowgul and Wilson has handled a multitude of DUI cases for clients throughout Panama City and surrounding areas. We have the legal knowledge and experience it takes to help you fight your DUI charges. CHALLENGING THE SUSPENSION OF YOUR LICENSE DID YOU KNOW THAT YOU CAN CHALLENGE THE SUSPENSION OF YOUR LICENSE? You must do so within 10 DAYS from the date of your arrest. Once the proper paperwork has been filed with the Department of Highway Safety and Motor Vehicles a review hearing will be set.
- 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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