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Roger P. Foley

Roger Foley’s Answers

141 total


  • I was arrested for DUI. Is a reckless driving conviction a good outcome? What are chances of winning DL suspension hearing?

    - Arrested for DUI (no other charges). - No prior DUI arrests. - Pulled over because off-duty dispatcher called in noting I did not maintain a single lane. Police then followed me and noted I did not use a turn signal. - Failed field sobriety t...

    Roger’s Answer

    I find it humorous that majority of lawyers say that they have to read the packet before they can tell you your chance, sure it helps but its not the end all. You presented your fact scenario and this or any other answer is not legal advice or establishment of lawyer-client relationship so The reality is that for DMV to uphold the suspension they have to prove: 1) that you were driving and your normal faculties were impaired 2) that you refused the BAC. If the officer testifies to that then you lose. The hearings are based on preponderance of evidence( 50.01 vs 49.99) and your lawyer will ask the officer during the hearing- why did he stop you? when he stopped you what indicators of impairment did he notice? Did he read you implied consent after you initially refused (this is law if you refused then he has to inform you that you dl will be suspended for 1 year and 18 months if you previous refused) - So what can you do to win? You will hire an atty and you testify at the hearing that you did not refuse to blow. You will like testify to nothing else (anything you say under oath can potentially hurt you). Your lawyer will make several motions: 1) Move to invalidate the suspension based on no pc for the stop, ( the law says that you did not need to maintain a single line if your not effecting any traffic and you can change lanes without a signal if no traffic is effected), No reasonable suspicion to begin dui ( if there are not a sufficient number of impairment factors observed prior to beginning DUI investigation), No probable cause for arrest, and that you did not refuse to give a breath, that there was problem with maintenance of machine( must check on FDLE website to confirm as you cant argue something without proof, etc.. Based on totality of circumstances the hearing officer will make a decision. Your odd of winning are slim but you try because it gives you sworn testimony from officer and something to contrast when he testifies later in deposition or motion. Thats the reality based on what you presented in your fact pattern. The motion will be similar for your criminal case in regards to the stop of your vehicle. Its important whether its a solid or dotted line. have a friend take a picture or google map the scene. Good luck and remember as lawyers we are not magicians- if your attorney is good at DUI cases he will use existing case law and make relevant arguments about the mistake made by police. Most judges are really "want to be police officers" or "saviors of their own pensions" and most of the people in criminal court are not the ones voting during judicial campaigns so your lawyer must make a very persuasive argument based on previous DCA and supreme court cases to have a chance to win a dispositive motion.

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  • Classes done probation done in north Carolina now can I move to Florida and get my dl

    What would I need to do. Do I have to get it reinstate there in north Carolina before trying to get it here in Fl. Did my classes paid off my probation....and all this was about 2 years ago when I got charged just had money troubleso and just now ...

    Roger’s Answer

    • Selected as best answer

    To ensure that there are no problems it will be better to reinstate NC license prior to coming to FL. If its valid there then you should have no problem swapping in FL

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  • I live in Florida and I have a FL license, I have a DUI charge in Iowa, I paid all the fines, took all the required classes.

    I live in Florida and I have a FL license, I have a DUI charge in Iowa, I paid all the fines, took all the required classes and my license was suspended for a year in IA only back on 04-10-2012. My License was never suspended in FL, but I am now m...

    Roger’s Answer

    The real question is will you be able to drive in Iowa. If they say your license is not valid and your pulled over then you may face additional criminal charges for driving on a DUI suspension. Check out dmv when your there and find out before you take an additional risk by driving.

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  • DUI - is it critical to hire an atty to plea down my chg to Reckless Driving? I don't believe it. Sounds like he wants my $$$.

    I've met with an atty for free advise....knowing that he'd want me to hire him. He went so far as to say that my mug shot would effect my case. He stated that he could reduce my charges to reckless driving, as I did not take the Breathalyzer. F...

    Roger’s Answer

    Ok. I hear this a lot lately " can you just reduce my charges to a reckless driving?" I often wonder if there was an law and order episode about reducing the charge. The only way the charge gets reduced to a reckless, in my experience and I have a lot in DUI cases, is that there is a Motion to Suppress that has a very good chance of winning. After I file my Motions to Suppress, I usually receive a call from the prosecutor and they are willing to negotiate and reduce the charge. If my client's facts are factually close to District Court of Appeal cases or Supreme Court cases then most of the time my client rejects the reduced charge because if my substantive motion to suppress is granted then the State gets nothing because we win. If it's a horrendous DUI or the facts don't quite line up then it is advantageous, if offered, to accept a withhold of adjudication on a reckless-never an adjudication. If you receive an adjudication on a Reckless driving charge then the original DUI stays on your record and can never be removed. Accordingly, DUI cases are not just broken down because you did not give a Breath test. There has to be some serious mistakes by police to have the charged reduced and yes it happens often as most police do not take the time to learn the case law. Hence you need a lawyer but if a lawyer tells you he will have it reduced then I would ask him for the upcoming results of the lottery and spend a dollar to see if he is correct. Hopefully, you get the drift nobody can tell the future and if he could he would charge a hell of a lot more than 3k.

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  • Got convicted of a DUI and I need to get it reopened or dismissed. Wrongfully charged and plead guilty because I was young.

    So this nightmare started back in April 2010. I got into a car accident and was charged with DUI & leaving the scene. I was taken to the hospital in an ambulance. I got charged with leaving the scene because my car was more than 150ft from the ori...

    Roger’s Answer

    In order to accurately determine whether there is a possibility to vacate the sentence you need the following: Copy of police reports, medical reports from hospital, and a copy of the transcripts the day you took the plea. When you have those things in hand it will be easier to determine whether its possible. Normally, your chance to vacate is much higher in the first two years barring some exceptional circumstance. Only way to determine that is with the above referenced items. All of this information can be found at the court house. Good luck

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  • What can I do if I plead to a dui 2, and never had the first. case was 2008. hard to find a job I though they amended it.

    told the judge I never had the first one she said how can she trust me I said because I was under oath

    Roger’s Answer

    You request proof of first conviction. State must prove first conviction and they will do that by obtaining a certified copy of the disposition and a copy of your fingerprints. If they can not prove it then you will not be sentences for a second DUI.

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  • Is this good?

    I might be charged with contempt of court so I called for a defense attorney and the guy I called was friends with the other attorney that I'm currently in trial with now and he says he knows the judge well also. Can that benefit me at all? He say...

    Roger’s Answer

    Great question. The proper response is the judge or fellow attorney willing to give up their pension or bar license for you? At best they will listen but guess what? If you hire a quality attorney they will also listen because no quality attorney will rely on supposed friendships because they mean squat. My opinion is the attorney that plays that card is the same as the used car salesman that says the prior owner was 80 years old and drove on weekends. Bla bla bla. Find someone competent

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  • I got 3 duis with in 6 months the first and third resolved in 8 days and 2500.00 and third a felony 30 days 30 months probation

    and another 2500.00...Now the second ome 2 years later is finally reafy to settle I have 9 months left on probation I habent been in any trouble im working on classes and fines, they want15 months prison time howevet durning my recovery of the oth...

    Roger’s Answer

    Yes. You need an excellent attorney. Plea-bargaining is useless unless you are willing to fight the case. Taking depositions and looking for mistakes made by the police officer and then following up with a Motion to Suppress, if applicable, are essential to fighting your case. Having 3 DUIs in such a short time is ridiculous and it’s understandable that the prosecutor wants to place you in prison. Sounds like you found yourself a plea bargain attorney in the past judging by the prices and the effort placed into defending those cases. You see how much work he/she did in 8 days. You better look to hire one of the best attorneys in the state, if not the best. My opinion is that are less than a dozen guys in the area, within 100 miles, that are worthy of really defending DUI cases- the rest are plea bargain attorneys. Future tip- you can plea-bargain your own case for free. Think of how many warm pairs of socks, packs of cigarettes and snicker bars you could be buying while in prison if you had defended the first two cases yourself. If you’re looking to fight your case then call my office. I am not cheap but the consultation is free.

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  • Is it possible to retrieve bond posted if there was a case of mistaken identity involved ?

    Spouse was picked up on arrest warrant issued out-of-county. Actual suspect and spouse have same first and last name. Arresting authority and jail personnel did not verify identity( like fingerprints ). Spouse held in county jail for at least 18 h...

    Roger’s Answer

    Yes. There is a statute that may provides for costs paid out and you may have a civil case against the city or county. Contact our office.

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  • I have a pending criminal case and am out on bond. There are no conditions to my bond and my lawyer said I am free....

    to travel...even internationally. If I do plan to go away for a weekend to a nearby city, or for 3 weeks to another country (either scenario) must I notify my bail bondsman since this is a temporary change of location? Will there be any problems o...

    Roger’s Answer

    To answer your question with a question. Your lawyer already gave you Tbe answer so why are you here asking the same question?

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