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Jonathan Burton Blecher
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Jonathan Blecher’s Answers

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  • I have to give a urine specimen, is there an option to give blood

    I am currently on fed probation. I am required to take a few urine tests. I suffer from pauresis, the fear of urinating in front of people. Is there an option of giving blood or another form of testing. I am clean of any alcohol and or drugs and i...

    Jonathan’s Answer

    You've already delivered 30 tests. Why the sudden interest in changing the procedure? That's what the judge will want to know. Be prepared with a doctor's report supporting your "shy bladder syndrome".

    Good luck.

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  • DUI in November - have completed DUI School and Evaluation early and able to pay my fines...

    when I go to court. I cannot afford a trail. Will completing all this early help me at all?

    Jonathan’s Answer

    It's great that you've taken these steps to satisfy some potential court requirements (and I assume to get your hardship license). But, don't put the cart before the horse and plan on pleading guilty right from the start. At a minimum, consult with a DUI lawyer in Duval County and get a professional assessment (normally free) about your case. You might find that there's a chance to come out better than pleading guilty to DUI.

    If you do decide on pleading guilty (or no contest0, the fact that you completed DUI school early will mean that you should have no delay obtaining another hardship license after the court suspends your license at sentencing.

    If you found this answer helpful, please tale a moment to acknowledge that here.

    Good Luck.

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  • I just moved from New York to Florida and have a NYS Conditional License. What do I need to do to get the Florida equivalent?

    I have a Conditional NYS Driver's License with Ignition Interlock restriction, because of a DWI I got in 2013 (I had a prior in 2006). I'm eligible to reapply for my full NYS license in October through the Driver Improvement Unit. Only problem is ...

    Jonathan’s Answer

    If you take a job here that's more than temporary, Florida will consider you a resident and require you to get a Florida license. If that's the case, you may have to surrender and relinquish your NY driving privileges and become licensed in FL. If that's the case, Florida will require an IID on a car here.

    I strongly suggest that you contact DHSMV, and speak with an analyst who can answer your questions with more specificity. Their number is 1.850.617.2000.

    Be patient and be courteous. These folks in Tallahassee respond better to that approach.

    Good luck.

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  • Charged with Fail Obey Driv Lic Restrictions, because I was driving a car that didnt have the intoxilyzer on it, can I get it

    dismissed? the story is that I had a dui in 2013 for blowing over .15 and i pled to the charges got 12 months probation, lots of counseling, and was supposed to do 6 months intoxilyzer, my stupid PO told me to wait until the end of probation to st...

    Jonathan’s Answer

    • Selected as best answer

    Here's quick look at the statute that covers this:

    316.193 (4) (c): In addition to the penalties in paragraphs (a) and (b), the court shall order the mandatory placement, at the convicted person’s sole expense, of an ignition interlock device approved by the department in accordance with s. 316.1938 upon all vehicles that are individually or jointly leased or owned and routinely operated by the convicted person for not less than 6 continuous months for the first offense and for not less than 2 continuous years for a second offense, when the convicted person qualifies for a permanent or restricted license.

    What if a driver drives his employer's vehicle? According to DHSMV, if the driver has met the ignition interlock requirements and holds a valid license with a "P" restriction, then, if the employer provides written permission the person may operate the employer's vehicle for job-related purposes without the required device. The letter of permission from the employer is to be kept with the vehicle and should be provided to law enforcement if stopped for a traffic violation.

    That may be a work-around for you.

    Find a good DUI lawyer in Broward, who is a regular there, to go to bat for you with the state/judge.

    Good luck.

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  • Is the Kehoe test a good defense for a DUI case ?

    A friend of mine was charged with suspicion of DUI because of an illegal turn, however it turns out t his attorney was able to get a video footage of a nearby building, and it clearly show that my friend didn't not make an illegal turn. I have bee...

    Jonathan’s Answer

    My colleagues are all correct. Your analysis is on point but don't get mired down by case names, though Kehoe isn't the leading case on this issue since 1996. If you're interested in learning more about US v. Whren, follow the link below to the U.S. Supreme Court opinion.

    Good Luck.

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  • In 2005, I was arrested for DUI, and pleaded to a reduced Reckless Driving charge, Withheld Adj. Can I enter Canada?

    In 2005, I was arrested for DUI, and pleaded to a reduced Reckless Driving charge. It was withheld adjudication, for which I served 6 months probation, which ended 10/2015. Would I be able to enter Canada easily? I am planning to travel in a fe...

    Jonathan’s Answer

    I'm a little unclear on your timeline. The arrest was in 2005 and your probation ended in 2015? Was this a typo? It's important since Canada requires a 5 year rehabilitation period after an alcohol related conviction. I understand that it was reduced to RD, but the underlying arrest was DUI, so it might be an issue. I would bring copies of documents reflecting the disposition of the case, along with a letter from an attorney explaining the charge and the effect/meaning of a withhold. Having your record sealed has no effect on the existence of the record in law enforcement databases. So, it will come up if they look, which they will.

    You can also contact the Canadian Consular office in Miami and ask for an opinion from them, or speak with an immigration attorney.

    Good luck.

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  • Medical hold on Drivers license after second Dui.

    i have two duis one in 12/09 and other in 05/10. My suspension over in November this year. Since then, i 've completed all court ordered requirements dui school, treatment and community service. I applied to get hardship license and was told i hav...

    Jonathan’s Answer

    If the Florida DHSMV takes any action to deny or revoke the driver’s license then the driver should demand an administrative hearing to appeal the decision. During the administrative hearing the driver can present evidence and testimony that he is capable of driving and may bring witnesses to testify on his behalf. This is where you will need an attorney.

    The Florida Department of Transportation provides funding for Florida’s Medical Review Process. Allegations of unsafe driving often involve: a variety of different types of medical conditions; vision problems; substance abuse; medication that affects the ability to drive safely; reckless or poor driving as a result of medical issues; observations of dings, dents or scratches that might have resulted because of a medical condition; observations of a citizen acting confused or getting lost while driving in familiar areas and thinking there may be a possible medical cause for the behavior.

    Florida law allows the reports to be kept strictly confidential. In fact, no civil or criminal action may be brought against any physician, person or agency for providing this information. The HSMV Form 72190 that was last revised in July of 2013 can be found at http://www.flhsmv.gov/forms/72190.pdf.

    According to the Medical Reporting Form, physical or mental disabilities that could lead to being unable to safely operate or drive a motor vehicle could include, but are not limited to, any of the following: Alcohol Addiction; Drug Addiction; Psychiatric Disturbance; Dementia/Memory Defects;
    Epilepsy with recent “Petit mal” or absence seizures and partial seizures with complex symptomology or even isolated seizure with a normal encephalogram; Seizures; Severe Cardiac Condition; Stroke; Loss of Consciousness; Uncontrollable Diabetes; Severe Visual Defect; or
    Sleep Disorders.

    Once a report is made using Florida’s Medical Reporting Form, the DHSMV conducts an investigation of the accusation of being medically unsafe to drive.

    If the Department finds that “cause” is found, then the driver receives notice that he or she is under medical review. The driver is asked to provide medical information from their physician to the Florida Department of Highway Safety and Motor Vehicles.

    The information is also provided to the Florida DHSMV’s Medical Advisory Board. After reviewing the information, the Florida DHSMV’s Medical Advisory Board provides a recommendation regarding the citizen’s ability to drive. The recommendation may do one of the following:

    Require the driver to provide additional information;
    Require the driver to re-take the driving test; or
    Revoke or deny the driver of a driver’s license or privilege to drive in the State of Florida.

    Florida Statute Section 322.126 (2), (3), provides that “Any physician, person, or agency having knowledge of any licensed driver’s or applicant’s mental or physical disability to drive…is authorized to report such knowledge to the Department of Highway Safety and Motor Vehicles… The reports authorized by this section shall be confidential… No civil or criminal action may be brought against any physician, person or agency who provides the information herein."

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  • How does the legislature propose to test for marijuana impairment? Ex: alcohol = breathalyzer

    How does the legislature propose to test for marijuana impairment? Ex: alcohol = breathalyzer

    Jonathan’s Answer

    Excellent question. This is a topic of much debate all over the U.S. Did you know that there are 11 states that have per se statutes regarding drugs? That means that if your urine sample detects a level of THC, for example, you are presumed impaired by that substance. However, what a urine test will show is only a waste product of THC, not the psychoactive chemical component.

    Florida does not have a similar statute, but rather relies upon DRE (Drug Recognition Evaluation) to establish impairment by a controlled substance. Of course, much if this is voodoo science and easily debunked by a trained attorney or expert witness.

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  • Florida Driver Licence?

    My son got a DWI in Arkansas with a California Driver License. Got a lawyer and settled it all. Moved to Florida and has been trying to get driver lic. for seven years. He has went to class and they are trying to send him to a outside firm that t...

    Jonathan’s Answer

    Florida law requires completion of counseling if the mandatory substance abuse evaluation recent mends it. The only wat around it is to obtain an independent evaluation from a state licensed substance abuse professional who has access to the complete prior evaluation, AND have a hearing before a judge who will rule on the issue. Your problem is that there's no judge assigned to your son's case in FL.

    A skilled DUI lawyer could attempt a work around to this problem, but it will likely cost more than simply doing the counseling.

    Good Luck.

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  • Can I get my charge changed?

    In 2011 I was arrested for driving on a suspended license. I went to court, plead no contest and got NO VALID DL and adjudicated guilty, which is a conviction. Is there any way I can get that charged changed with no conviction? The job I am trying...

    Jonathan’s Answer

    If you had an attorney you should consider that post conviction relief is governed by Florida Rules of Criminal Procedure 3.850 and 3.800. Rule 3.850 usually applies when there is ineffective assistance of counsel, however that is not the only instance when it applies. A Rule 3.850 motion must be filed within two years of the final judgment and sentence. Although there are some exceptions to the time limit, they are very narrow

    In order to file a motion based on ineffective assistance of counsel, you must prove that your attorney failed to render effective assistance, and that had effective assistance been offered, the outcome may have been different. Some common forms of ineffective assistance are failure to file proper pretrial motions, failure to convey a plea offer, failure to advise someone of the consequences of a plea, failure to investigate exculpatory witnesses or evidence, and failure to preserve the right to appeal. A common instance of ineffective assistance of counsel is when an attorney fails to advise a defendant that a plea could subject him to deportation if he isn’t a US citizen.

    If you didn't have an attorney you could argue that the plea wasn't freely and voluntarily entered, or that it was an illegal sentence.

    I've been able to get prosecutors to undo "adjudications" quietly, but it's really not in accordance with the law....but it can get done if you have the right kind of lawyer. You may have a history of criminal offenses (or criminal traffic offenses) which got you the "adjudication", so that might work against you.

    This is an uphill fight, so speak with an experienced lawyer in your area or pick jobs that don;t care that you have an NVDL.

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