Orlando DUI / DWI Attorney.
I agree with Ms. Gergley in that this is an extremely subjective crime and would almost entirely depend on the officer and the mood that he/she was in. There is a memo from DMV that states that work, school, groceries and medical purposes all fit within livelihood. Also there are two cases out there that state paying an electric bill and getting food from Burger King fall within the definition of livelihood as well. If you have any doubt about the activity, I would avoid it (in your case, the...
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Another agreement with Mr. Regan. Talk with the defense attorney that you entered the plea with. He/she will be able to look up the sentence with the clerks office and hopefully bring a motion to correct any errors. Also, you should have been given a copy of the paperwork when you plead, so you might want to check that as well. If all else fails, you may be able to look up your own record (along with what the sentence was) on the Leon County Clerk of Courts website. I know that it's possible...
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It is usually charged as violation of DL restriction. Although you are allowed to drive to the grocery store on a business purposes hardship permit. Hopefully the cop was honest and put in the report that you had groceries in your car when you were pulled over. This type of charge can be successfully defended, so it is important that you consult a dedicated and experienced criminal defense attorney knowledgeable in traffic related issues. Best of luck with your case. Matt Olszewski FL...
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You should have been given the number for the person in charge of the pre-trial diversion program. I would contact her and get her input. If you have yet to sign the contract, I don't know how they can find you in violation, but it may be a violation of any pre-trial release program you are part of. As Attorney Epifanio stated, if you are at all unsure, the safest option is to refrain. Best of luck with the diversion program. Matt Olszewski FL DUI Group, Managing Parnter
It's always best to consult with a dedicated and experienced criminal defense attorney when facing any criminal charge. A minor in possession charge in Gainesville FL should qualify for their Pre-trial diversion program assuming you don't have any prior criminal history. These programs typically involve some classes, a fine and community service, after which the charge is dismissed, meaning you have no criminal conviction on your record. This is something you may be able to do on your...
As stated above, this more than likely will end up with a violation of probation being filed against you and I agree that a violation, if proven, could result in a jail sentence. It is important to talk to a dedicated and experienced criminal defense attorney because there are several issues that could effect the outcome of your case (the VOP and the new law violation), such as where were you driving to/from and did you have any type of work/business permit. I have seen officers in the past...
The DUI's that qualify as felonies in the State of Florida are: DUI involving serious bodily injury, DUI Manslaughter, a third DUI within 10 years of a previous conviction and any fourth or subsequent DUI offense. DUI and DUI property damage are misdemeanors. It is important to note that it doesn't matter what crime you were charged with, but what crime you pled to or convicted of. Good Luck.
I agree that the best advice would be to hire an experienced and dedicated DUI defense lawyer. With your second DUI in 5 years and a breath result 3 times the legal limit, the prosecutor could likely ask for more than 10 days jail. 10 days is just the minimum that a judge is required to give. There could be several options that could be available to you. Some jurisdictions and judges will allow for home confinement, weekend jail, or an intensive in house alcohol treatment program instead of...
There are 2 ways that a jury can convict you of DUI in the State of Florida. The first way, is to show that you had a breath test result over .08. Obviously this does not apply to you. The second way is to prove to the jury beyond a reasonable doubt that your "normal faculties" were impaired. As far as your breath test result goes, here is the instruction that you jury will receive. If you find from the evidence that while driving or in actual physical control of a motor vehicle, the...
It is extremely difficult to give you an "average" sentence. Some factors that can effect the sentence are the jurisdiction you're in, the judge you are in front of, the time in between DUI convictions and the individual facts involving each DUI case, especially the instant DUI case. A fourth or subsequent DUI in the State of Florida is a 3rd degree felony. The maximum prison term for a third degree felony is 5 years. The minimum fine for a fourth or subsequent DUI conviction is $2000 and...