Thomas S. Hudson's Answers

Consequences under FL DUI laws for 4th DUI conviction

Florida requires that a fourth conviction for DUI be treated as a felony, with imprisonment up to five years. This is so no matter how long ago the prior convictions were. (Section 316.193(2) and (3), Florida Statutes). There are so few good ways to get a Florida DUI off your record, that it is often more advisable to spend the money to move to a state with less severe penalties than it is to try to vacate your old convictions. Florida does not recognize the difference between driving...

9 people marked this answer as helpful

Can anyone explain what's going on in Sarasota with the Intoxilyzer machine, and what decision is being made December 13th 2011

There is a large consolidated hearing scheduled in Sarasota County, including judges from both Sarasota and Manatee Counties, on December 2, 2011. The 12/13 date is probably just a status conference to see if a decision has been reached. I am active in the issue, and will be representing 10-15 of the defendants in that hearing. Do not expect an answer to come before the 12/13 date. Many judges are scheduling status hearings for late December or early January. The issue involves whether...

Selected as best answer

Will a DUI conviction show on my passport and prevent me from entering CA

Canada is extremely strict with respect to admitting people with criminal records. Surprisingly for Americans, they consider DUI to be a serious crime which will prevent you from entering. If you have a DUI conviction, then you are a member of an "inadmissible class." In fact, when President Bush took office, there was some question whether he could travel to Canada because of his old DUI conviction. The Canadian Consulate has set up a web site to tell you how to get "rehabilitated" if...

6 people marked this answer as helpful

DUI

In Florida, there is no mandatory jail for a first offense DUI or for a second offense if the most recent conviction was more than five years ago. However, a second DUI within 5 years carries 10 days of mandatory jail, and most judges will give considerably more. A third DUI when the most recent conviction was less than ten years ago requires at least 30 days in jail. However, Florida law allows time spent in a state-sanctioned alcohol program to count against the jail time, so that is...

1 person marked this answer as helpful

Procedures for defending a DUI charge

Your son should IMMEDIATELY talk to a competent DUI lawyer. He has only ten days to demand a hearing on his license suspension. If he doesn't get the demand in to the Department of Motor Vehicles within that time, he will lose his license for one year, with the first 90 days of the suspension being absolute hard time with no driving whatsoever. After that, from day 91 to day 365, he may be eligible for a Business Purpose Only license, which will allow him to drive for purposes of maintaining...

1 person marked this answer as helpful

What is the typical sentencing for battery on a leo in conjunction with dui 2nd offence

The range of penalties is up to five years in prison, but a lot depends on your personal circumstances, the nature of the battery and your previous criminal record (besides the prior DUI). All in all, I would be more concerned with the Batt LEO than the DUI. It is a felony, and the DUI is still a misdemeanor, even though it is a second offense. Many DUI's are won on the basis of an illegal traffic stop. If your stop was constitutionally defective, then the Batt LEO might get thrown out,...

Can i move from Pennsylvania to Florida and transfer my dui responsabilities

Your question is more dependent on Pennsylvania law than on Florida law. Some jurisdictions (including Florida) allow "mail-in" probation, so that it isn't even necessary to get Florida's acceptance of you as a probationer. You should inquire with the lawyer who represented you in Pennsylvania to see if this is possible in your case. Otherwise, it may be necessary to go through the Interstate Compact. However, I would inquire about the possibility of mail-in (or even the possibility of...

I have a hardship license and will be moving across town soon. Can i drive between my old house and new house while moving?

It is important to realize that there are two levels to this question: what the law actually is and what the cop thinks. It is small comfort to have the judge dismiss the case after you have spent the night in jail because the officer didn't understand the law. Having said that, there is one more consideration: the time of day. In my experience, very few officers are going to give you a hard time in the daytime. After dark, you should have specific answers in mind as to why you are behind...

Possible punishment for DUI arrest

It sounds to me like you are asking whether you have any responsibility for his crime. If so, the answer is no. You didn't drive under the influence, and so you don't have to worry about criminal culpability. However, you should be concerned that you might be legally liable for anyone that he injures while driving your car. Florida is one of a minority of states that considers an automobile a "dangerous instrumentality." This means that any damage that is caused by someone driving your car...

Fl. dui laws

A third-time DUI conviction in Florida is a third-degree felony if the third conviction is within ten years of any previous conviction. A third degree felony carries up to 5 years in prison. However, this is not the same thing as a mandatory prison sentence. Most of the time, a person convicted of felony third-offense DUI will get some local jail time and a lot of probation. Many times, the state will charge the case only as a misdemeanor even if the most recent conviction was within ten...