What happens at a mandatory hearing for a 30 over speeding ticket?: I got a ticket going 80 in a 50.
Kevin’s answer: I agree with the previous answers. This is something you should retain a ticket lawyer for. If the officer is able to get you to a hearing your chances of winning are extremely low. Speeding ticket defense is predominately about pre-trial dismissal motions. In Florida speeding ticket attorneys tend to be reasonably priced. If this case doesn't turn out well for you your insurance rates can dramatically increase for years.
State wants 120 days in Gun Club--will I actually serve 120 for 3rd dui in 10 years?: Public defender called for a motion to compel. What does this mean?
Kevin’s answer: You can get gain time of up to 5 days for every 30 days you serve. The minimum incarceration on a 120 day sentence would be 100 days. Gain time is a possibility but is not guaranteed. 120 days is not unreasonable but is more than the mandatory minimum of 30 days. The mandatory minimum is not always the offer. Generally a prosecutor will look at the evidence in the case and your history to try to come up with what they think is a reasonable offer. Not all prosecutors are reasonable. What is considered reasonable varies in each courtroom. I cannot tell you what is reasonable in front of your judge because I am not familiar with your case and do not practice in your area. A motion to compel can be used to force the state to disclose evidence or face sanctions. One thing that has to be considered is that if the state files the case as a felony and is able to carry burden you would become a convicted felon. DUI cases have a mandatory adjudication by statute. inpatient rehab is an option that I recommend to clients that are facing unavoidable jail in a DUI case. Generally judges and prosecutors respond well to rehab and you can get day for day credit off any jail sentence.
If a 1st time dui offense in Florida has been expunged why is the mug shot showing up when a web search is performed?: My son did something stupid in college, 7 years latter it's still coming back to bite him. He paid his dues, and is trying to move on, but these sites are making it impossible. His records were expunged by the state back in 2007, so how can this information now be public? I thought expungement would have prevented that from occurring. A quick search of his name on Google has a special link to his name through these sites. What I"d like to know is why is this photo online, or his information appearing after being expunged? While I understand it never really goes away, it shouldn't be that readily accessible as a result of his expungement. I've read many articles about these site, but before thousands are spent I'd like to know has his privacy been violated as a result of this photo?
Kevin’s answer: The short answer is that at this point it is legal. That might change in the future and I believe some legislation was proposed (House Bill 677) but as far as I know nothing happened with it. I think the legislation had difficulties with the 1st amendment but I'm not sure what the current status is. The expunction of a record only applies to the government. The private companies gain access prior to the case being closed. They are only reporting the arrest and not suggesting a conviction but unfortunately this is still damaging to someone trying to get a job. Another problem is that some of the companies are not even in the United States. Sometimes sending documentation of the expunction will get the record removed. Other options are paying to take it down or paying to take control of your sons online presence. Using search engine optimization can be prohibitively expensive. You can do a Whois search and might be able to get information about the site but it isn't always public.