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David Henry Novack

David Novack’s Answers

73 total


  • If you are arrested for a DUI, refuse any tests without the presence of your attorney, and the citation and several reports are

    inaccurate in timeline, upon arrival at station you stated you wanted to speak to your attorney and you were denied access to a phone, and the implied consent report is checked off that you did agree to take test even though you refused, also cita...

    David’s Answer

    1) You have no right to an attorney either at roadside nor at the breath center PRIOR to providing a breath test. However, you do have the right to make a phone call after the administration of the breath test is completed (for say asking for an independent test if the original breath test was provided)

    2) Refusing a breath test should be completely discouraged as my firm single handedly (Jaeger & Blankner) got the breath test results thrown out in Osceola County a little over 2 years ago to present day. The fact that you refused to provide a breath test can be used against you as "consciousness of guilt," which is another way of saying you refused because you knew you'd blow above the legal limit. Is that to say the state has a great case? no. there are plenty of ways around that arguement.

    3) the issue with the citation and reports is interesting. for the careless ticket (that you were probably given) yes the time on the citation should be the time the crash occurred or an estimate of when the crash occurred.. the dui citation should include the time of the arrest.. these times should match up with the times in the report. If they don't then certainly that's one of many issues that can be brought up to show a conflict in the evidence, which rises to a reasonable doubt.

    4) the bigger issue in your case is who can place you behind the wheel, what statements were made, whether there are independent witnesses that are going to be testifying for the state, ect...

    I can be reached at 407-894-0341 for a free consultation.

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  • Friend 14 mos clean -- suspnd license 10 yrs, after 11 Duis (last 05) 5 yrs prison to '10. needs to drive for work. Fla case.

    How does he get a permit to drive for work. He cannot get any job working for someone else because of felonies. Only option is to work for himself, he is highly skilled contractor. But MUST have car to get to jobs. But he cannot pay for even fines...

    David’s Answer

    After 11 DUIs, he has a lifetime suspension for his driver's license. Not a 10 year suspension, which is usually reserved for a 3rd DUI within 10 years. A 4th DUI conviction carries a lifetime revocation. That being said, as of October the statute will change allowing the motorist to be eligible for a hardship license five years after the suspension begins. Unfortunately, the suspension doesn't usually begin until the jail/prison sentence is completed. Tell your friend he needs to review the court documents with a lawyer in order to determine the proper suspension and eligibility for a hardship license.

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  • What are the odds of being convicted of dui on marijuana, breathilizer .023?

    also found under 20 grams of marijuana and no paraphiniala

    David’s Answer

    It is extremely difficult to answer this question as more facts are needed. What was the driving pattern? Were there any admissions to the cannabis? Where was the cannabis found? Were roadside exercises performed? Were you subjected to a urine test? Was a dre evaluation then performed? Instead of worrying about the odds, I would consult with an attorney immediately as a thorough review of your case needs to occur (which us not something I recommend on a very public website). Seek counsel.

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  • I went to court on a dwls first appearance with out counsel. i plead no contorence , they gave me 6 mos probation and fines.

    I did the 6 mos probation and paid my fines. i am faceing a 3rd dwls conviction soon. can i have this 1st dwls conviction set aside being i didn't have counsel during this court appearance. to keep from getting an habutial offender. i ve took a A...

    David’s Answer

    I am a local attorney who was a former prosecutor at the State Attorney's Office in Orlando. I will gladly assist you in exploring your options in setting aside a previous conviction and/or in the alternative help preventing you from being convicted of the third offense to avoid a habitual traffic offender status (resulting in a five year suspension of your license). I can be reached at 407-894-0341 or www.jaegerandblankner.com

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  • The fla. dmv had me as a habitual traffic offender in 1998 i didn't know that. i moved to michigan in 2000,.

    I moved to michigan in 2000 went to their dmv obtained a temperary permit, till they checked my driving record in fla. then in 2001 they issued me a michigan hard copy license. if i had a habitual charge that started in 1998 in fla. then how could...

    David’s Answer

    Your license in Florida is technically still suspended because you failed to reinstate your driver's license. Your license in 1998 was suspended for five years. However, after the completion of the suspension, you still need to contact the DSHMV and pay to have your license reinstated. Until that occurs, your license is technically still suspended and you will be criminally charged for driving on a suspended license (second degree misdemeanor for 1x, then first degree misdemeanor for all subsequent offenses punishable up to a year in jail). You need to hire an attorney immediately to help assist you in court to postpone the case to buy you time in order to get your license reinstated. You then need the attorney to attempt to get a lesser included offense such as driving without a valid license, in order to avoid a strike against the habitual traffic offender statute. I am a local attorney who will gladly assist you in getting your license reinstated as well as clearing up the charges in Florida. I can be reached at 407-894-0341 or www.jaegerandblankner.com

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  • Can you obtain another drivers license in another state if you have a habitual traffic offender charge.

    on your drivers license in another state.

    David’s Answer

    Approximately 48 states have an agreement to suspend a driver's license if the license privilege is suspended in another state. If you are suspended as a habitual traffic offender, Florida will most likely not give you a driver's license until you clear up the suspension in the other state. However, you may want to look into when you are eligible for a hardship license that will serve as your license during the remainder of you HTO suspension. In Florida, you are generally eligible for a hardship license after the first year of the suspension.

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  • Sealing and expungements...

    Hello,I'm convicted of misdemeanor for shoplifting in 2007 in FL! Police record was shown that I was arrested for petty theft {of merchandise of 15 USD}. Case was dissmissed after completing the Pre trial diversion programme! That was 40 hours com...

    David’s Answer

    For purposes of employment, you may correctly answer that you have not been convicted as the State dropped your charge upon completion of pretrial diversion. You don't need to wait in order to have an expungement of your record. However, do realize that you are only allowed to do it once in a lifetime and you must not have been previously adjudicated guilty for an offense. With a theft charge, it is possible to apply for law enforcement. However, regardless of the pretrial diversion completion, the agency is going to ask in detail about the arrest, offense, ect. Be as honest as possible and make sure to retain all the court documents of the case. I am a local attorney who will gladly assist you in the expungement process. I can be reached at 407-894-0341 or www.jaegerandblankner.com

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  • Chance of having 2nd DUI dismissed?

    Cop pulled me over early AM bc I only had my parking lights on, not headlights. Said I had slurred speech, bloodshot eyes and smelled like alcohol; I was bartending that night so spilled drinks will smell, obviously. Bloodshot eyes bc I'm super se...

    David’s Answer

    It is extremely unlikely the case will be dismissed without litigation. You need to hire attorney immediately to challenge the DMV suspension (paperwork must be filed within 10 days of arrest) and defend you in the criminal case. Sounds like a lawful stop based on no headlights resulting in a DUI investigation from the signs of impairment. The lack of a driving pattern, exercises, and breath test make it a great case, but that doesn't mean the state does not have a good faith basis in going forward with the charges. Being your second DUI in 5 years you face an uphill battle with the possibility of at least 10 days jail, 5 year suspension, year interlock device, probation, level 2 DUI counterattack class, victim awareness panel, fines, costs, and impoundment of your vehicle. Seek counsel immediately.

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  • Will a person get more time for trafficking oxycodone 9.4 grams if found guilty during a jury trial?

    1st offense public role model state of florida

    David’s Answer

    Trafficking in oxycodone at the very least carries with it a three year minimum mandatory prison sentence. You must speak with an attorney immediately to determine what defenses are available. The min/man sentence is required by the legislature based on weight. I don't recall if 9.4 grams is trafficking and if so whether it carries a 3, 7, 15 year min/man sentence. You need an attorney to review the case, determine applicable defenses, plea bargain with the State in hopes of a downward departure (agreement to go below the guidelines in order to avoid prison sentence) or even better a lesser included offense of possession with intent to sell and deliver (no statutory prison sentence upon finding of guilt). Good luck.

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  • My son was pulled over for a speeding ticket over a year ago how long can a court postpone?

    He postponed it twice and the court/cop postponed it atleast 5 times. We are now scheduled to go to court in a few days hoping that after over a year we can finally get this settled. He has a clean record and has to come home from college to go. I...

    David’s Answer

    In most states there is a speedy trial rule of six months for a traffic ticket meaning there must be a hearing within six months or the court will dismiss the ticket. However, because he postponed it he waived his right to a speedy hearing. There are ways to get a speeding ticket dismissed. However, you are going to need an attorney to do so. In order for evidence of speed to be admissible, the officer must show proof the speed measuring device used to determine speed was properly calibrated (radar, laser, speedometer device). In addition, if the officer does not show the court may just dismiss the ticket if the officer received proper notice of the subpoena.

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