Michael Alan Cohen's Answers

I got a D.U.I on July 5th,2010

Under the DUI statute in Florida it is possible to obtain a seperate evaluation from a private alcohol therapist, approved by the court, and if it shows you do not need treatment, the Judge CAN waive the treatment requirement. If you have medical insurance you may be able to have this evaluation free of charge or your county may have these services available for free or low free. You should have the names and credentials with you when you ask the Judge to allow this evaluation. The statute is...

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Revoked license

It will depend on why and for how long your license was suspended. If it was suspended for less than life then you have to be "drug free" for 12 months immediately before the reinstatement. If it was suspended for life then the statute, F.S. 322.271 says "drug free for 5 years. You may be able to argue in an appeal that the Department means drugs and not alcohol for this standard. You should contact a local DUI attorney who would need to do further research to see if this issue has been...

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What is the best defense when charged with DUI for refusing a blood test?

Under Florida law there is no charge of "refusing a blood test", if this is your first offense. You are probably charges with a DUI alleging you refused the blood test. You need to contact a qualified DUI attorney ASAP as your license may in fact be suspended and you only have ten days from the date of the refusal to apply for a hearing to contest the one year DL suspension.

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I was convected for 2nd DUI in 5Yrs. My license was revoked for 5 Yrs. My lawyer stated that I would be eligable for hardship

Under Florida law you are able to apply for a hardship after one year of absolutely no driving. You should contact the local administrative hearing office, prior to the one year being up. They will give you the application and the names and addresses of the supervision programs in your area. When you go to your hearing, you need to have already signed up for and paid the program.

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Can you appeal a DMV formal hearing and actually get in front of a Judge - or is FLA really a dictatorship run by the State?

You can appeal by a writ of certiorari to the circuit court where you live or where the hearing was held. The writ must be filed within 30 days of the written opinion from the DMV. See F.S. 322.2615(13) and F.S. 322.31. You should find and contact a local dui and/or appeals attorney, as soon as possible.

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DUI after the fact? Officer on scene has heart 2 heart w/ MOM

In Miami-Dade County, if the Trooper wrote you a ticket for reckless driving, and gave it to you, it starts the "speedy trial clock". If that is so you need to seek out an experienced DUI attorney as soon as possible. In Miami, if they did take your blood, it is not sent to FDLE but to a local lab for analysis. Depending on certain facts it may be done quickly or put to the back of line. The statute of limitations is at least 2 years and possibly more if anyone else was hurt and/or...

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Took a breathalyzer test pass police ask for urine test denied, What can happen

His license was probably suspended by the DMV for refusing to give the urine sample. If this was his first refusal his license would have been suspended for one year. If he did not ask for a DMV hearing, or did but lost, his license would have been suspended regardless of what the Judge did, If this was his first refusal he would have been able to get a restricted license after 90 days as long as he signed up for DUI school. If it was a secord refusal his license would be suspended for...

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My husband has violated his probation by driving after his DUI when his license was suspended in Sarasota, FL.

It sounds like he is also facing a seperate DWLS charge which could subject him up to an additional 60 days in jail if this is his first offense or up to 1 year in jail if he has ever had a driving while license suspended before this. If this was his first DUI he should have been elligble for a restricted license if he had finished the DUI school. He needs to speak to an experienced DUI attorney, in your area, as soon as possible. The lawyer hopefully will be familiar with his Judge and...

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I was in a car crash. i was never arrested but DUI charges were filed three days later.

When the charges were filed the speedy trial time would begin, unless there is a summons or warrant for your arrest. To fully answer the question an attorney would need to know about this "filing" and how you were notified or found out about it. Also you ( or an experienced DUI attorney) can check the DMV's web site to see if your DL has been suspended for either being above a .08 or a refusal. Three days is a short amount of time if there was a blood test that needs to be analyzed by a lab....

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Help! false arrest, police sexual assault, brutality

If you entered a plea of no contest or guilty to the DUI charge without a lawyer, you need to contact an experienced DUI attorney immediately. Under Florida law you may be able to set aside the plea. If you had an attorney, you need to ask them, or another DUI attorney, about your appeal rights. Based on the facts you describe, it is very difficult to understand how you were convicted of a DUI charge. Once you clear up the criminal case then you should contact an experienced civil...

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