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Jonathan Burton Blecher
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Jonathan Blecher’s Answers

1,106 total


  • What is a non-willful situation for probation and what happens in regard to a Orlando, FL DUI? What situation am I looking at?

    I am nearing the end of probation for DUI charge in Orlando, FL. From the beginning I told all involved that I no longer have a car and no access to car in order to complete the impoundment condition. I recently provided information that prove...

    Jonathan’s Answer

    Each county has different procedures for handling this. The best route is to file a motion with the sentencing judge to waive the immobilization order. The judge will put you under oath to be certain you do not have any vehicles registered to you. Your lawyer should take care of this.

    Good Luck.

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  • Failure to complete substance abuse treatment cancelled license

    First time dui offender completed traffic school and evaluation recommends treatment class which i have not completed my drivers license is cancelled now from 2nd notice of failed toncomple but i am still enrolled in class anyway to get hardship l...

    Jonathan’s Answer

    The Department of Motor Vehicles holds your license hostage until you successfully complete the program of treatment. You must attend all of the classes in order for them to remove the restriction on your license. It's possible, that if you reenroll in treatment they will temporarily remove the restriction allowing you to get a business permit to drive to school..however, once the treatment program is designed for you, you must consistently attend each and every session in order to maintain your driving privileges.

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  • Can I drink while on probation ( football games)?

    I have my first dui, first of ever getting in trouble of any sort. I always have a few beers during football games, my probation states in no way that I cannot drink, but is it just like common sense, or can I in fact drink during football games?

    Jonathan’s Answer

    F.S. 948.03 lists the general conditions of probation and subsection (n) relates to drinking:

    (n) Be prohibited from using intoxicants to excess or possessing any drugs or narcotics unless prescribed by a physician. The probationer or community controllee shall not knowingly visit places where intoxicants, drugs, or other dangerous substances are unlawfully sold, dispensed, or used.

    Each county and each judge treats DUI probation differently, so there may be an additional standard condition of probation which changes or modifies this one.

    You should read your probation order carefully and also ask your probation officer the specific questions you have. It's not worth risking incarceration just to drink beer. If you're going to take that risk, you likely have a drinking problem which needs to be dealt with.

    Good Luck.

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  • Is there a way that I can get the amount of time that I have to have the Interlock Device reduced if not suspended completely?

    10 years ago I received my 3rd DUI with in 10 years. I just finished my 10 year suspension in Florida. I know have to have an Interlock Device installed in my car for 2 years which I just did today. The 3rd DUI was in Alabama although I was livin...

    Jonathan’s Answer

    There are two very narrow exceptions to the IID requirement in FL. If you have a medical condition that prevents you from operating the device, you can apply for a medical waiver. If you drive a vehicle for work, and it's your employer's vehicle, you can apply for a waiver. Any other vehicle that you drive must have an IID installed.

    I know this isn;t what you were hoping to read, but that's the way it is.

    Good Luck.

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  • Should I take the plea or is there a case that should an can be won

    On Sept 8 last year I was running a 9 ball billards tournament at my local bar. I go to this bar often for I play in pool tournaments an on an a.p.a. division. From the hours of 630pm an 1am I drank 2 beers 1 shot an 3 bottles of water. I don't re...

    Jonathan’s Answer

    I understand that you're looking for solutions and answers, but this forum isn't going to offer you that. Your case is complex, and all the facts aren't really clear. Your lawyer is best suited to answer your concerns. You might want to consult another attorney who can review your case and offer a second opinion.

    Good Luck.

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  • Can i attend online substance abuse for licenses

    i received a dui and have completed evaluation and dui school they also wanted me to attend a substance abuse classes my schedule is very hectic at times and i haven't been able to complete the 12 week classes and due to this my licenses were canc...

    Jonathan’s Answer

    I'm going to assume that the "substance abuse classes" you mention are really treatment sessions. Normally, these are group sessions which require personal attendance to satisfy the state's requirements. You are at the mercy of DHSMV on this one. If you ever want to get your driving privilege reinstated, you will have to complete the treatment.

    You might be able to complete this requirement with a private therapist of your own choosing who holds a CAP (Certified Addiction Professional) license form the State, rather than a group setting.

    I hope I've been helpful and Good Luck.

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  • 2nd Dui outside 10 years, What are my options

    2nd dui outside of 10 years, first one won dmv hearing but was convicted in court back in 2002. Would this be considered my first dui or second when applying for hardship? Is there any downside if I request a formal review and lose? I know I get a...

    Jonathan’s Answer

    My colleagues are all correct. Recently, a Kennedy successfully presented an Ambien "sleeping DUI" defense. But, she was a Kennedy and didn't have a .197 BrAc to contend with.

    Your best bet is to find a lawyer to speak with face to face in Central Florida.....you don't need to confine your search to Clermont unless you think that you need a "home cooking" advantage.

    I hope I've been helpful and Good Luck.

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  • Can I drive the company vehicle without an interlock?

    I have been recently convicted of a DUI and consequently have to have a interlock device on my personal vehicle. My question is, for work, can I under any pretenses drive a company vehicle?

    Jonathan’s Answer

    Excellent question. Florida Statutes create an exception.

    Here's the text of the law:

    F.S. 316.1937 (7) Notwithstanding the provisions of this section, if a person is required to operate a motor vehicle in the course and scope of his or her employment and if the vehicle is owned or leased by the employer, the person may operate that vehicle without installation of an approved ignition interlock device if the employer has been notified of such driving privilege restriction. Proof of that notification must be with the vehicle. This employment exemption does not apply, however, if the business entity which owns the vehicle is owned or controlled by the person whose driving privilege has been restricted.

    You will still need to maintain the IID on your personal vehicle.

    I hope that I've been helpful and good luck.

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  • If this is my first Dui is there anyway around getting the interlock device?

    Had a DUI 2009 and I just became eligible to get my license not my hardship in August of this year. This is my first Dui and I have met all my court requirements as far as taking the Dui course and paying all the fines and court cost. My question ...

    Jonathan’s Answer

    The short (and long) answer to this frequently asked question is "no". DHSMV will hold your driving privileges hostage until you assure them that you are only operating a car with an IID installed on it. That's the price you have to pay for a high BrAC.

    If this is a "first offense", I'm wondering why you are just now eligible for reinstatement (conviction 2009). A first offense should only carry a 6-12 month suspension. Was it that you had court requirements open until now?

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