Malcolm Anthony's Answers

Consequences under FL DUI laws for 4th DUI conviction

Although permanently revoked in Florida with 4 DUI convictions, I have been able to get D/Ls in a few circumstances. There are a couple of ways I have been able to do it. The most frequently used method is to move for post-conviction relief to basically undo a prior DUI. Although the time limit is two years I have been able to get the State to agree with one over 15 years old under the right circumstances. The second way is more obscure. Was any one of the priors committed as a juvenile? If so,...

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What would happen for using a credit card I found to buy a tank of gas? (less than $50)

Your assumption is probably correct. You need to call an attorney in your area before talking to anyone. You may be able to avoid an arrest with an attorney's help. If you are arrested, a bail will be set, but if you have significant ties to the community, are no a flight risk, have effective counsel, a reasonable prosecutor and judge, (I know that is a lot of "ifs") you could be released on recognizance, and not be required to post a monetary bail. This is a petit theft charge and if used only...

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I know FL has a 4 dui law that results in permanent revocation on a driver license. Is there any way the state won't find out?

The state databanks are only as good as the personnel entering (or not entering) the data. I have had many clients whose prior DUIs do not show up on their driving record. Georgia is a member of the non-resident violator compact(NRVC), but is one of five states who are not members of the Driver's License Compact (DLC) - One Driver, One License, One Record. with that said, I have personally had clients whose GA DUIs show up when I run a Florida license check, but that's when they already have a...

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If i got a dui and refuse to blow but i went to trail can i get the refuse thrown out from the dmv?

By statute, the only effect a DUI trial will have on a DMV suspension is when one TAKES the breath test and a jury finds him Not Guilty, then the DMV must invalidate the suspension. Otherwise, what occurs in the DUI criminal case has no effect whatsoever on the DMV administrative suspension.

I have two suspensions & DUI

You have a new Driving While License Suspended case and probably a Violation of Probation (VOP) charge. If you just got a DUI in May, the judge probably put you on probation to complete the special DUI conditions of probation. You may not even know there is probably a warrant out for your arrest for the VOP. Your best course of action would be to finish all the probationary requirements, fix all other D/L problems, get the warrant removed and get a court date for both cases, (If the conviction...

Can my friend take a plea bargain and be told that she can't see her boyfriend for the 5 years?

Yes, it is true. The judge can impose a condition of probation to prohibit contact with a co-defendant, co-conspirator, victim, or any other person relevant to the charge - if the defendant agrees to the condition. Usually, a defendant agrees in order to secure a probationary sentence instead of incarceration, but one can object to any condition of probation at the time the condition is imposed (potentially disrupting the plea bargain) but may not object later. Theft of over $100,000 is a...

My friend is being charged with take money from a job she was at. If takes a plea can she be told she can't she her bf for 5 yrs

Yes, it is true. The judge can impose a condition of probation to prohibit contact with a co-defendant, co-conspirator, victim, or any other person relevant to the charge - if the defendant agrees to the condition. Usually, a defendant agrees in order to secure a probationary sentence instead of incarceration, but one can object to any condition of probation at the time the condition is imposed (potentially disrupting the plea bargain) but may not object later. Theft of over $100,000 is a...

I appreciate the help gentlemen so heres an update and i am scared don't want to go to jail!!!

Of course DUI can be proven by impairment of normal faculties by alcohol or controlled substances, whether by prescription or not. You must hire an attorney to avoid the harsh punishment the State seeks. Only an attorney with personal attention to your case and the discovery, reports, drug analyses, etc. can advise you. Hiring an attorney does not necessarily mean you must go to trial. Your lawyer may be able to find a way around this harsh punishment once he works on your defense without ever...

Expungement question

Sealing a record is a sealing of the criminal justice agency's record of arrest. If you were arrested at the same time for both charges, then if you otherwise qualify, the court can seal the arrest record relating to both. According to Florida Statute 943.059, the court may at its sole discretion order the sealing of a criminal history record pertaining to more than one arrest if the additional arrests directly relate to the original arrest. You need to retain an attorney experienced in sealing/...

I got in a accident in florida blew .041 15 min urine .04 on methadone police camera shows i am steady and speach fine can i win

You definitely need an experienced DUI attorney. A low breath test with a positive urinalysis, if it can be admitted (see previous answer regarding a DRE exam), can be overcome, but you need to retain an experienced DUI lawyer who can determine if the urinalysis or breath test can be suppressed for any reason. Florida statutes require some specific prerequisites to admissibility of each of these pieces of evidence. An experienced DUI lawyer can explain these to you and review the evidence for...