Eric Duane Stevenson's Answers

Charged with suscipcion of DUI, Blew below .08 and went through arraignment and now Pre-Trial. Misdemanor What happens now?

Just because you blew below a .08 doesn't mean the state will drop the charges. They can still pursue their case against you by using other evidence such as your appearance, driving pattern, ability to perform field sobriety tests, etc. to show that you were impaired. With that said, absent really strong evidence of impairment, the state has a tough row to hoe on a sub .08 breath case. Take everyone's advice and consult with a lawyer that handles DUI's to figure out the best way to proceed.

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Hi,i have a personal injury related question...

As long as you are a acting in a safe and prudent manner, you should have every expectation that you will not be injured at a shooting range. The range is in the business of providing a venue for your sport, and it should be in the business of making sure that appropriate measures are taken to insure the safety of its participants. If you signed a waiver of liability, that does not mean you do not have a claim either. The range may have a medical payments provision in its liability policy...

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If a 16 year old driver gets in an accident, and is on one parents insurance policy and can the other parent and stepmom be sued

If mom owns the car and the child primarily lives with her it is unlikely that you would be liable. You are not required to have insurance on the car if it is not your car. However, there is a possibility for liability under some circumstances, but it would probably be covered by your homeowner's and/or umbrella policy. You may want to let your auto insurance company know that he stays at your house every other weekend. They may want to list him as an excluded driver under your policy. If he...

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Do I have a case?

You need to talk with a lawyer. Your situation has many issues which require different questions to be answered. Among those are what type of coverage you have and whether you dispute the amount the insurance company is paying for the car. If you have comprehensive coverage for your automobile, then you likely have a claim against your insurance company if you feel they should pay more for the car. The law provides for attorney's fees when you are successful in a lawsuit against your...

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Can you be charged for a DUI after the fact if no Breath, blood or urine test were taken and the officer let you go?

I think you got a fair officer. You probably did OK on the exercises that he didn't feel like you needed to be arrested, but not well enough that he was convinced you were deserving of all the effort a DUI arrest takes. Odds are that you will never have to worry about this, but he could get a warrant from a judge. I doubt that will ever happen, but until the statute of limitations runs you won't know for sure.

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Is it possible under FL DUI laws to get a my first DUI offense reduced to a misdemeanor

First, only the state can reduce your charge to a misdemeanor. However, should the state not be able to prove the injury is serious, either the judge or a jury could acquit you of that portion of the charge. Not all injuries that you might think to be serious would be serious enough to convict you of a felony. For instance, a Florida court has held that two fractured ankles is not a serious bodily injury under the DUI statute. Additionally, the state has to prove that you caused the serious...

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How do I not get charged with violating probation in a lost paperwork situation?

I would not recommend going without a lawyer in this case. If you cannot afford one, ask the judge to appoint a public defender to represent you. While this matter may be cleared up by showing proof of completion and that probation may have lost the paperwork, it's much better to have a lawyer give the explanation. Many times people in similar situations can find themselves in worse ones without hiring a lawyer. Most judges are understanding of the situation you are in, and it is not an...

What kind of lawyer can help me get money I was awarded for a personal injury case but the person has not paid out the money?

If you have a lien against the house, you may want to talk to a lawyer who handles foreclosures to help you. I would make sure that attorney contacts the lawyer who represented you in the underlying personal injury case so that you do not have any issues with your original attorney over any fee or cost liens that attorney may have.

What are the procedures when you are suing the sheriff/police dept...and the timelines in between those procedures?

Generally, for a false arrest claim, the statute of limitations begins to run from the date of arrest. The same goes for an excessive force claim. If you were to pursue your claims as a Section 1983 Civil Rights claim, the general negligence statute of limitations for the state in which the incident occurred would apply. In Florida, this would be a 4 year statute. Be aware that there may also be other state law claims against the office, and the various state statute of limitations may vary...

Can I get my Guilty plea overturned and file a civil suit

Following up on Mr. Brett's answer, I would encourage you to speak with a competent criminal defense attorney in your area regarding withdrawing your plea. Both Mr. Mosca and Mr. Brett are correct that it may be a long shot to have it withdrawn, but it is worth the shot to keep your record clean or accurate. At this point, do not be motivated by the potential of a civil rights lawsuit. Keeping your criminal history record clean or accurate should be of utmost importance, and if a civil...