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Jonathan Burton Blecher
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Jonathan Blecher’s Answers

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  • Miami. DUI and Ctitizenship

    Hello. i was convicted for a DUI 1st offense in 2014. No criminal background before. Just finished my probation and everything mandatory. I live in the US (green-card holder) since 2009 and volunteer for 2 years helping peoples. Can appl...

    Jonathan’s Answer

    US immigration laws are complicated. Criminal lawyers have some background in immigration laws, but not enough to give you a full answer to this very important question. I'm going to re-classify this question in the "Immigration Lawyers" section so help you get some meaningful replies.

    Good Luck.

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  • Is a first Florida DUI offense considered a "serious misdemeanor"?

    I was charged and convicted for first time DUI in Tampa, FL in 2013. No crash, damage or injuries my BAC was 0.13/0.14. Got the minimum sentence (revocation, fines, CS, DUI school) with no jail time (except for the 8 hrs after arrest) and I comple...

    Jonathan’s Answer

    • Selected as best answer

    Your struggle is real. I can't find a definition of what serious means. My analysis looks in a couple of directions.
    In Florida, a first offense DUI, wit no aggravating factors (like yours) is a second degree misdemeanor. That's the lowest level of crime we have other than some county ordinance violations. However, the statutory penalties are significant, more so than any other second degree misdemeanor. In California, a first offense DUI carries a mandatory jail provision. A DUI in CA is often referred to as a "gross misdemeanor" or "aggravated misdemeanor." When this is the case, the county jail sentence may increase to a maximum of one year and the fine may also increase. But, as we've established your type of DUI might not fall into that category.

    You should consider calling the institution anonymously, and try to obtain an opinion from them. Get a name with who you spoke. The other alternative is to simply disclose it and explain the circumstances of the DUI. What if you don;t disclose it and they uncover it and deny you because of that fact? Try to re-post this in the CA lawyers section and get their take on it.

    I hope that I've been somewhat helpful and I wish you the best of luck.

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  • Can i get good time on a ten day sentence for a dui

    My third

    Jonathan’s Answer

    Answered about a minute ago. Short jail sentences don't qualify for "good time". You are given credit for any time you served in jail before sentencing, like the night you spent in lock up before you were released. Gain time, likewise, can be earned, but not on short jail sentences.

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  • Can I get good time on a 10 day sentence on a dui in florida

    My third

    Jonathan’s Answer

    Answered about a minute ago. Short jail sentences don't qualify for "good time". You are given credit for any time you served in jail before sentencing, like the night you spent in lock up before you were released. Gain time, likewise, can be earned, but not on short jail sentences.

    See question 
  • Can i get good time on a ten day sentence on a dui

    My third

    Jonathan’s Answer

    Short jail sentences don't qualify for "good time". You are given credit for any time you served in jail before sentencing, like the night you spent in lock up before you were released. Gain time, likewise, can be earned, but not on short jail sentences.

    Good luck.

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  • I got a Duo in Florida 2 years ago. Amy be transferring to Virginia. Am I still required to keep the fr44 for another year with

    a Virginia license? It's not suspended or revoked, and all other requirements are finished.

    Jonathan’s Answer

    If you keep your Florida license, yes. But, if you move to Virginia, you will have to get a license there. That will also mean that VA will notify FL and your FL DUI conviction will transfer to your newly created VA driving history. So, it follows that you will have to show proof of continuous coverage in VA, as well.

    Here's the VA law:

    FR-44/FR-46 Financial Responsibility Certification

    FR-44 certification is required for the following convictions:

    Maiming while under the influence
    Driving while under the influence of intoxicants or drugs
    Driving while the driver's license has been forfeited for a conviction, or finding of not innocent in the case of a juvenile
    Violation of the provisions of any federal law or law of any other state or any valid local ordinance similar to the above

    FR-44 liability insurance coverage limits are double the SR-22 insurance coverage limits:

    Bodily injury/death of one person $50,000
    Bodily injury/death of two or more persons $100,000
    Property damage $40,000

    The FR-44 double minimum coverage requirements apply to customers convicted of the above violations on or after January 1, 2008, as well as customers previously convicted of these violations who are required to file an SR-22 certification after December 31, 2008. If you reside outside Virginia, you may submit a letter on your insurance provider's letterhead stating the double minimum coverage amounts.

    Good luck and I hope I've been helpful.

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  • Can a police detain you and make you give them your ID simply for calling them the N word?

    If a police is walking by and you jokingly call him the N word can you be detained and forced to ID yourself?

    Jonathan’s Answer

    There's two ways to look at this. No, the police do not have legal grounds to detain you and conduct an investigatory stop on the basis of uttering words alone. That speech, while it's repulsive, is protected by the First Amendment. The second way to look at it is dependent on the level of sensibility and judgment the cop has. If a cop wants to mess with you for simply insulting him, he will. Just look at the hundreds of video recordings of cops putting beat downs on people with little justification.

    My position is: Why kick a bee's nest?

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  • I have a interlock permit in nebraska, I will be driving through IA, MO, KS, OK, NM, and TX can I get a ticket in any of these?

    I have permission from probation officer and travel papers

    Jonathan’s Answer

    I'm a little unclear about your question. Do you mean to ask whether you are in violation of your license restriction by traveling outside your home state? Do you have a business purposes only type of license? You can always be ticketed for a moving violation in any state where you violate their motor vehicle code. If you are stopped by the police they will see the IID in your car and check you out. It's a good idea to have your PO's permission to travel in writing.

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  • I received a DUI February 1, 2014 in the state of North Carolina. I was ordered to have an interlock system.

    I have since moved to the state of Florida and am now having trouble getting the device service in Florida. North Carolina has specific rules that no one but North Carolina can service the mechanism. I contacted the corporate headquarters of Smar...

    Jonathan’s Answer

    Florida DHSMV is not going to be of any help in this case, no matter how patient or polite you are. This is not a Florida issue and Tallahassee will not go to bat for you with Raleigh. They have no dog in this fight.

    Your challenge, as I see it, is to find a work-around with NC to allow you to satisfy their IID requirements out of state. I suggest that you find an attorney in NC who is familiar with the NC DMV regulations. SmartStart is a national company, with IID placement in many states. Find out which company services NC. You might have to seek legal action against the NC DMV.

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  • DWI charges while employed for government contractor

    I work for a large govt contractor and have security clearance, I was recently charged with a DWI and was taken to a hospital instead of going to jail. I did not have to pay any type of bail or bond in order to leave the hospital which it sounds l...

    Jonathan’s Answer

    I think you answered your own question. Your employer can terminate you for any non-discriminatory reason (age, sex, race, etc...), though Texas may have more conservative laws. If you have a contract, you may have other rights. You should also look to your employee manual governing this type of conduct to see if you have an obligation to disclose it to the employer.

    I hope that I've been helpful.

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