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Catherine Ann Drees
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Catherine Drees’s Answers

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  • Can DUI charges still be filed if you weren't in the vehicle and the keys were no where in the area at the time of the accident?

    This was a single vehicle crash and the person was out of the vehicle and the keys were no where to be found. A blood test was given at the hospital and showed that the BAC was above legal limit. How could they prove the person was actually behind...

    Catherine’s Answer

    • Selected as best answer

    You have some great defenses in this case but the state attorney does not have to be your advocate. The element of "actual physical control" is not met if the keys were not in the car and you were not behind the wheel but you have to have a Motion to Supress/Dismiss filed by your legal counsel...don't do anything without counsel...you have a great case that you cannot handle on your own.

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  • How do I challenge the wording of my criminal charge online?

    in 1997, I was charged with 2nd degree attempted homicide with adequate provocation and mitigating circumstances. I'm just now discovering that the initial charge is listed as 2nd Degree Intentional Homicide. The victim is my ex wife. I hurt her...

    Catherine’s Answer

    Get a certified copy of the charge you were found guilty of, or plead to and an attorney could do a Motion to Correct scrivener's error...this may work even if time has passed to appeal, if it is newly found evidence, but the above Motion could accomplish this AND show any potential employers that the Court system is trying to correct their mistakes, helping you to prove that the error exists.
    Good luck
    I have had luck with these type of cases...you just have to understand how to do it.

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  • If my girlfriend says she has filed a police report for someone stealing her jewelry, is the anyway for me to verify that?

    She tells me she has done so, but she procastinated and want to find out if she really did. She says she gave my name as the person to return the property to

    Catherine’s Answer

    you may utilize the Florida Sunshine law to ask for all incident reports that were made at your or another's residence. We find a lot of information in these reports. One client even found out his ex had made a very serious allegation against him, and he hired us to repair the problem.
    Go down to" records" of the law enforcement office within which you live.

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  • Can you sue the division of motor vehicles for making me go ten years without a valid license because of their micommunications

    I recieved a DUI ten years ago, did everything i was supposed to ( probation, classes, counseling, interlock, etc.) There was still some issue with another state and no one from either sate could tell me why. It took 8 years of phone calls and let...

    Catherine’s Answer

    This situation is rare, but does occur. Most of the time it is an old ticket in the other state...and the longer it goes unaddressed, the dmv in that state can report it incorrectly. I advise my clients to hire an attorney in the other state, to have a hearing to make the driving record in that state correct. Sometimes it is not until a hearing such as this is scheduled that any human actually looks at the problem. If it was the other state's fault, Florida would not be liable. An attorney in this state should look at your record to determine why they are making you take these classes, etc. numerous times, and where are the records of the prior classes?
    Good luck
    I'm sorry this has happened to you. It sounds like a nightmare.

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  • Can a mug shot website be in contempt of court for violating an expunged record?

    I would like to know if it is illegal for the mug shot websites to continue posting a mug shot of a person who has had their file expunged.

    Catherine’s Answer

    Our law firm uses a company that has relationships with all of these websites and does a great job at removing these negative internet presences, as they say.

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  • Expected sentence for 20 counts of Burglary of an Unoccupied Conveyance?

    What is the expected sentence (potential realistic outcome) for 20 counts of Burglary of an Unoccupied Conveyance in which the defendant did not pose a threat, has no prior convictions or any run ins with the police, and over 90% of the stolen pro...

    Catherine’s Answer

    I just want to add, that if this was due to drugs, you might request Drug Court because successful completion will result in the charges being dropped if your attorney consolidated them into one case number. I just accomplished this for a client, and then expunged his record.

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  • How do I apply for an appeal hearing after getting a dui during the first 10 days?

    I got a dui and I have 10 days to appeal the suspension. I basically just need the extra 30 days to get my affairs in order before my license is suspended so I need to know how to submit a formal appeal.

    Catherine’s Answer

    Simply put, if this is a first dui, you can get a hardship license if you agree to waive the formal hearing. The hardship will be allowed for the whole of your suspension perid of time.
    Ask for a hearing you are gambling and it is based solely upon case law you do not have access to. Hire an attorney. This is one of a few misdemeanors which can heavily influence work in the future, keeping a job, getting a job, etc.

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  • Is the canabis level 0,050 a high level of canabis i smoked a week before being pulled over now they are charging me with dui

    i got pulled over they said i was drunk i was not didhe took me to jail i blew o,ooooo7 he said not drunk i said i no he then asked for a urine test i gave to him it took 8 months for results now they are charging me ayay with dui i want to no if ...

    Catherine’s Answer

    There are no scientific tests done at certain levels in the body for tetra-hydra-cannabinoid.
    Most people know it cannot be quantified, therefore it is almost useless under these circumstances.
    Get an attorney who has handled these types of cases.
    you should be able to get this thrown out.
    Good Luck

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  • Florida DUI. Administrative and Criminal suspensions over. Moving out of state. FR-44, SR-22 Question

    Have a simple Florida dui with Florida license. 6 months Administrative and Criminal suspensions over. Been without a license for over 8 months. Moving to California the next month. My license is still suspended in Florida because of the FR...

    Catherine’s Answer

    FR-44 may not apply in Ca. because we have a No Fault system in Florida, and the FR-44 makes sure if you hurt someone, you will have enough insurance to cover your liability, if any.
    I agree with counsel, never, ever leave a state without fixing your suspension.
    Additionally, these FR-44 are needed for three years, so Florida will be told if you terminate your insurance prior to that time, even if you have obtained a California license. I have been told it is time consuming to resolve the FR-44 issue in this state...think about doing that from across the country. Bad idea.
    Good luck

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  • My nephew now 12, has been taken out of his mom's custody .She is charged with child medical neglect and child abuse.

    DCF would not consider her family as fostering him. He is now with My family. After years of trying to get DCF to help We would like to know how much time if any would she serve. My nephew lost his Dad from stress dealing w...

    Catherine’s Answer

    It is difficult to say at this point. I do know both circuit court judges and Assistant State Attorneys in the Deland office take these cases very seriously, and in this particular case, permanent damages may have occured due to the diabetic coma. I would research these issues and then send them in a letter or ask the victim advocate for an appt. to ensure your voice is heard. This truly is a crime in which the family needs to make its' voice and opinions heard, as you know her better than anyone.
    God Bless

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