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Barbara Blount-Powell's Answers
- 70 Legal Answers
- 0 Legal Guides
4
Attorney answers:
This is my first DUI. Will I do jail time? I have a family that depends on my income! I don't know what to do.
Because the minimum mandatories on a DUI with a blow over .15 are draconian even without jail time, you should definitely consult with an EXPERIENCED DUI attorney in your area. The legal theory that the State is proceeding under is called "actual physical control." Without discussing the facts of your case in this forum, you need to know that depending on where the keys to the vehicle were located, where you were located, whether you made any statements, when you were arrested relative to...
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3
Attorney answers:
Applying for early termination of house arrest/Convert to probation!
In Alachua County a lot will depend on the judge you are appearing before, the original offense, and whether there was a downward deviation in the original sentence. In addition to having all conditions of your community control completed, it is likely the court will require that the probation officer have no objection to an early termination. You can obtain a better idea of your likelihood of success by speaking with, and employing, local counsel with experience before your judge....
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4
Attorney answers:
What driving is included in a business purposes only drivers license in the state of FL?
Ask your attorney for a letter outlining his advice. Carry it in your vehicle at all times and stick to the advice. If stopped, use the letter to explain to the officer that you are following the advice of counsel on how you may use your license. If the officer still decides to arrest you, you have a defense before a jury/court that you were following advice of counsel. I will assume that your attorney has given you the proper advice, based on case law, and you should also have the defense...
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4
Attorney answers:
Legal Advice on if i was on probation for 2 battery charges & violated with a simple felony battery charge what should i expect?
A great deal will depend on what judge you appear before in both misdemeanor court (VOP) and felony court. In Alachua County, your judge will be determined by alphabetical divisions. Some will treat you more favorably if you have already engaged yourself in serious treatment prior to your first court appearance. Others may look only to incarceration for a solution. I would highly recommend you retain an experienced defense attorney in Gainesville as soon as possible who can fully...
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3
Attorney answers:
Can anyone explain what's going on in Sarasota with the Intoxilyzer machine, and what decision is being made December 13th 2011
Contact Robert Harrison in Venice or Stuart Hyman in Orlando.... they are the attorneys that have worked extensively on the Intoxilyzer issues in the state..... Stephen F. Daniels is not an attorney.... he is an expert who has assisted attorneys gather information and documentation from the State agencies. He may, however, know the status of the cases in Sarasota.
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3
Attorney answers:
I need to contact a criminal defense appeals attorney for my brother .
I would recommend Sonja Rudenstein who practices in Gainesville; she has represented the Florida Association of Criminal Defenses Lawyers and is very capable. Her number is 352-359-3972. I am not associated with her in any way.
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4
Attorney answers:
Getting jail time
What is not addressed by the other answers, but jumps out at me as just as problematic, is the fact that she is charged with battery on an officer (3rd degree felony), driving on a suspended license as a habitual (3rd degree felony), and potentially resisting arrest WITH violence (3rd degree felony). Each 3rd degree felony carries up to 5 years in state prison. If she is eventually charged with a 2nd DUI she faces a maximum of 9 months and a min/mand of 10 days. I believe your daughter in law...
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2
Attorney answers:
Should I get a lawyer?
Unfortunately, in Gainesville, open container is a criminal municipal ordinance punishable by up to 60 days in jail. If, however, you have no prior history, you can avoid court and a conviction through a deferred prosecution agreement that an attorney may assist you in obtaining. These cases are actually handled by the city attorney's officer, and not the state attorney, if no additional criminal allegation is associated with the charge. This is a matter that can be resolved best with the...
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2
Attorney answers:
DUI in Florida with Georgia License and need a hardship for Florida.
Unfortunately, the best answer to your situation would have been to have gotten your Florida DL prior to your plea. Under current law, as you had a Georgia license, Florida will follow Georgia, and Georgia has different rules on reinstatement after a DUI conviction. Once Georgia lifts its ban on reinstatement, apply for it in Georgia. You will then have to apply for a Florida DL and possibly a hardship/restricted license if the 180 suspension has not expired. You may want to...
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4
Attorney answers:
Ticket for LSoA but not cited for DUI/DWI despite being intoxicated. Can charges be brought up on that at my arraignment?
While it is theoretically possible for a state attorney to institute charges of DUI, it is not likely. As the officers found you in a bar (how long after?) they may feel that they could not establish your level of sobriety at the time of the crash. Without witnesses or statements from you, proving your intoxication at the time of the accident seems difficult. It would be in your best interest to consult with an experienced local DUI attorney BEFORE you go to court to make sure that you...
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