As you're aware, a 3rd conviction for DUI subjects you to a mandatory 180 days in the County jail as well as other fines and penalties. However, it sounds like you have many viable defenses in this case. Please call me or contact me through my website. Law Office of Jay M. Arnesen Jay M. Arnesen, Esq. T: 201.807.0990 www.arnesenlaw.com
Yes, the police can charge you if they had reasonable suspicion to believe you were intoxicated and if you were not able to take a breath test due to injuries sustained in the accident. However, if your blood alcohol content was derived from a blood test, it will be difficult for the State to prove its case at trial. In blood cases, the lab technician and person who drew your blood would have to appear in court to testify as to proper procedure. In my experience as a former police officer...
If you were represented by an attorney, you should contact him/her immediately to discuss why you were given an ignition interlock device for 1 year. Because we don't know all of the factors discussed in your plea, its hard to give you advice on whether or not you should pursue some sort of post conviction relief. Please call me to discuss in more detail. Law Office of Jay M. Arnesen Jay M. Arnesen, Esq. jay@arnesenlaw.com t: 201.807.0990
I believe your question is incomplete. Please re-post.
You should contact a Florida attorney first. Then you should get the police report and inventory sheet to find out if the police officer logged your license into evidence. If he did, then you should be able to get it back once your case is resolved or by court order. If the police officer failed to log the license into evidence, you may want to consider filing an internal affairs complaint against him/her. Jay M. Arnesen, Esq. 384 Liberty Street Little Ferry, NJ 07643 T: 201.807.0990...
It is your best interest to do whatever it takes to get back to Florida to make your court date. Many times with small drug arrests, there may be a reasonable plea offered to you that wouldn't result in a criminal conviction on your arrest record. I went to Law School in Florida. I would be happy to refer you a reputable criminal attorney there. Jay M. Arnesen, Esq. 384 Liberty Street Little Ferry, NJ 07643 T: 201.807.0990 jay@arnesenlaw.com
I agree with both my colleagues, however, I would go to court to mitigate the potential monetary damages that could be imposed under the statute. If you are willing to accept responsibility, ask the prosecutor for the minimum fine. The statute also states "there shall be a rebuttable presumption that the registered owner of the vehicle, if present in the vehicle, or, in his absence, the drive of the vehicle, is presumed to be responsible for any violation of this section....".
The best thing you can do is contact a criminal defense attorney in the county your husband was transported to in Georgia. In the alternative, if money is tight, contact the public defender's office in that jurisdiction immediately. He should have someone from the PD's office assigned to his case.