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Jonathan Burton Blecher
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Jonathan Blecher’s Answers

1,001 total


  • After 20 months of a car accident under the alcohol influence, I got a citation to court, Can I still be charged with a DUI?

    My car was total lost, but the other car got minor damage less than $800. I was taken to the hospital and dismissed the next day. My driver license was not removed. Nobody got injuries. I was 18 years old at that time. What should I expect now?

    Jonathan’s Answer

    You can be prosecuted for a DUI/Property Damage up to two years from date of the incident. That said, simply sending you a notice to appear may not be sufficient to establish jurisdiction of the court over your case. Rules require, that in these types of, you should be served with a summons to appear in court in order for the court to have jurisdiction over you. The statute of limitations (2 years) will continue to run until the court gets that jurisdiction over you. If you simply show up in court in response to the mailed notice it's game over.

    Additionally, you may get a notice from DHSMV suspending your license. You have a limited number of days to act on that, too.

    Before you do anything else, you MUST meet with an experienced Miami DUI lawyer to discuss you options.

    Good Luck.

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  • Applicaton for Medical License in Florida for Residency / Board Meeting requested

    I have two prior DWI's in Texas (one in 2003 & 2007). These occurred before I started my medical school training in 2008. I completed medical school and my first year of residency this year in New York. I am now awaiting to start residency in Flor...

    Jonathan’s Answer

    I've re-categorized this question in the Licensing classification as you may get a few good replies for attorneys that handle professional licensing issues.

    My recent experience with these types of cases in the context for DUI arrests/convictions leads me to think that the board will be concerned that you do not have an ongoing problem. They may require some evaluation, treatment and/or monitoring to move forward with your application.

    I strongly urge you to contact an attorney with a health care law/administrative practice.

    Good Luck.

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  • On private property can I be arrested for refusing to submit to a breathalyzer test?

    I am a 20 year old college student and go to bars (that are more like clubs) on the weekends. I do not have a fake ID so I do not receive a band on my wrist while at the bar. Like the large majority of my fellow classmates, I consume alcohol under...

    Jonathan’s Answer

    I don't see anything wrong with this post, it's anonymous. And I'll bet you a C note cops aren't scouring AVVO QandA forums to arrest people.

    That said, I know for a fact that this is a police practice in many college towns. They do go into bars and look for suspected underage drinkers and check IDs and have handheld breath tests. However, just because you may have been drinking doesn't place you in possession of alcohol by a minor.

    If your caught drinking, don't make a scene and you'll likely just get a notice to appear instead of an arrest. Most courts have diversion programs for college kids, which will leave you with no record if you successfully play it out.

    The "private property" thing means nothing. The place (club/bar) is open to the public.

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  • DUI case Dismissed and 6 month suspension period expired, does my license automatically get reinstated?

    DHSMV decision appeal is also pending in DCA. now how do I get my DL back? I never applied for hardship license and just waited it out. Am I required to attend DUI school or pay those outrageous reinstatement fees? How do I avoid it al...

    Jonathan’s Answer

    I think this is where they get the authority:

    322.271 Authority to modify revocation, cancellation, or suspension order.—
    (1)(a) Upon the suspension, cancellation, or revocation of the driver license of any person as authorized or required in this chapter (YOU WERE SUSPENDED UNDER 322.2615), except a person whose license is revoked as a habitual traffic offender under s. 322.27(5) or a person who is ineligible to be granted the privilege of driving on a limited or restricted basis under subsection (2)...

    (a) Except as otherwise provided in this subsection, the department shall require proof of the successful completion of the applicable department-approved driver training course operating pursuant to s. 318.1451 or DUI program substance abuse education course and evaluation as provided in s. 316.193(5).

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  • I just got charged with a second DUI but my first one was 14 years ago

    I was just released from jail a couple days ago on a second DUI well my first one was 14 years ago I was just wondering if I'm going to jail can't afford to lose my job but it is my fault and I guess I will suffer the consequences

    Jonathan’s Answer

    Your first step is to deal with DHSMV, since you only have 10 days to file an appeal of the administrative suspension of your drivers license. If this is a second refusal to submit to a breath test you will be facing an 18 month suspension of your drivers license, just on the administrative side of the equation.

    Despite the fact that a second DUI conviction outside of five years does not carry a mandatory jail sentence, a conviction will result in a revocation of your driving privileges for up to one year with no work or business permit.

    That said, you should consult a central Florida DUI attorney with experience in front of the judges in Orlando, and examine your options. You may have a defensible case, so don't assume that you will be convicted.

    Good luck.

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  • I received a DUI in GA on June 5, 2015 and I am a Florida resident (with Florida driver license).

    I received a DUI in GA on June 5, 2015 and I am a Florida resident (with Florida driver license). I have a previous DUI in Florida from November, 2005. Will I be treated as first DUI in Georgia? What could happen to me and my florida drving prive...

    Jonathan’s Answer

    Your Florida prior will be picked up by Georgia, particularly because you were arrested using a FL license. I can't speak to GA DUI laws, as I'm not licensed there, but most states have "look back" periods for prior convictions. I'm pretty certain there are increased penalties in GA , even with a 10 year old prior.

    If you're convicted of this new GA DUI, that will be transmitted to FL, where they will revoke your license for one year, with no permit, and require an ignition interlock device before any reinstatement.

    You should contact a GA DUI lawyer ASAP and discuss your case and applicable Georgia laws.

    Good luck.

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  • Is this reversable or nullable?

    On March 16, 2015 I got a DUI in the state of Utaw, on April 27, 2015 the state dismissed the cass w/o predgides The same day of the dismissal, the DMV revoked my CDL licenes. I was not driving CDL at time of stop. This is my lively hood and incom...

    Jonathan’s Answer

    This is a case of Utah driver license administrative law, and I do not practice in Utah. That said, many states separate the admin license potion of the case from the criminal. There are different rules that apply to each which might result in a CDL suspension on the administrative side despite your dismissal on the criminal side. You should contact a Utah DUI lawyer and re-post this question for Utah lawyers on AVVO to answer.

    Good Luck.

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  • In Las Vegas what is the Statue of Limitations for time lapse in a traffic violation that occured in 2005 and went into warrant

    3 months ago, had warrant squashed and now the date as of yesterday they want me to pay for it, guilty of it yes, I believe there is a time lapse so long here, that im questioning there judgment. It is for driv-/suspend and no ins, ticket amount ...

    Jonathan’s Answer

    The "traffic violation" you referred to sounds more like a criminal traffic violation, where the rules can be different. If you failed to appear (or pay, or respond...) and a warrant was issued, you have waived all claims to a speedy trial violation. Statute of Limitations violations apply where the prosecution hasn't commenced by a specified period of time. In your case, if you got the "ticket" and the case was set for court, the prosecution "commenced".

    Sounds like you owe the money.

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  • Can a cop forcefully enter your home?

    We all know that cops are aggressive and that they costs the public billions of dollars in police misconduct cases (I study Applied Economics in grad school). Everyone's job is stressful, even mines (customer service representative). Some cop t...

    Jonathan’s Answer

    The Fourth Amendment protects us from random invasions of our homes by police, right? We know we're secure in our "persons, houses, papers, and effects" unless the cops demonstrate probable cause to a judge and get a warrant. Except when they don't. The fact of the matter is that police have a lot of leeway to bust your door down and take a look around if they fear that waiting for a warrant could lead to loss of evidence or danger to people. Or lead to something, anyway. That end run around the Fourth Amendment is called "exigent circumstances," and nobody really seems to be sure where it starts and stops. Except for the police. They know it when they see it.

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  • What if I received a DUI about 6 years ago and i am applying for a job that requires a company car?

    I have no other infractions or mark on my record. I live in NJ, the violation was in NJ as well but the company I am applying with is running the background check out of NY or CT- not sure if that matters. It seems to be taking a very long time ...

    Jonathan’s Answer

    It's an internal matter for the company to decide if your old DUI conviction is an obstacle. These situations are often governed by insurance coverage. The issue will be whether the 6 year old DUI conviction will bar coverage for you under their blanket insurance policy.

    There's no answer to this question and there's nothing you can do, really. You'll just need to wait for the decision.

    Good Luck.

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