James Kevin Hayslett’s Answers

It's always hard in this forum to answer questions blindly. I understand that your public defender is indicated that you don't have any defenses but to the experienced DUI defense lawyers on the site that's not always the case. Likewise it's hard to advise you on which option to take where there may be another option that you're not aware of. I would recommend that you go back to your public defender and go through the file to see if there's anything else that might be available to you and...

Typically the answer is no. The division of motor vehicles controls the status of your license and if you don't complete DUI school they will hold you in an expired/revoked mode until you complete the class and show them proof.

If you go to the mugshots website there is some information on how to send them a copy of the order expired junior record. Once they receive it they'll take it off their website usually in 24 to 72 hours although I've had some cases that took as long as 2 to 3 weeks.

In HillsboroughCounty where your case is currently set most judges require you to either be a full-time student or have a full time job or a combination of the two. So yes a full time student status qualifies for probation purposes.

Well the potential problem is that DSP is a 2nd degree felony and carries a mandatory adjudication- making him a convicted felon. He really needs good counsel to attempt to get the charge amended or reduced so he is not a felon. If that occurs he scores probation. The addiction to painkillers may be a mitigating factor to get drug counseling and a reduced sentence.

Typically the answer is no especially if you are on active Monitoring status. Anytime you want to change the jurisdiction of your probation probation you must go through the department of corrections and fill out the appropriate paperwork. Usually you cannot have your probation transferred to another state unless you were adjudicated guilty of the offense. I would recommend that you speak to your probation officer or their supervisor they are in the best position to tell you whether or not...

An arrest for DUI involves 2 separate and distinct paths. The first is the criminal side which involves going to court, appearing in front of a judge and requiring the prosecution to prove you guilty beyond a reasonable doubt. The second is the administrative portion. If you blow above a .08 or refuse a breath, blood or urine test your license is suspended; 6 months for a .08 or higher and 1 year for a refusal (For a first time DUI arrest). My guess is that your husband took no action to...

I would recommend that you contact several lawyers in your area that specialize in DUI defense. Although $300 a week may allow you to retain the most expensive or experienced counsel there are plenty of recent former public defenders or Assistant State attorneys that would take on your sons case for your proposed amount. Sometimes those lawyers still have close ties with the prosecutors that will be handling your son's case which will aid in getting a reduction.

It may not be a basis to have the case dismissed. It will however be an appropriate basis to challenge the credibility and observation skills the police officer.

The restitution statute in Florida uses the language joint and several liability. This means if there are one or 10 codefendants each codefendant is responsible for the amount in the entirety. The fact that the restitution amount has not been paid in full even though you paid your portion can be the basis for a violation of probation. However, most judges are pragmatic they will give you additional time to pay the amount or hold the other codefendant responsible for an accelerated payment...