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Lloyd Harris Golburgh's Answers
- 99 Legal Answers
- 1 Legal Guide
3
Attorney answers:
How much time can my husband get for a DUI probation violation?
if your husband has only the two dui's on his record, he is exposed to a maximum 9 months in jail on a second dui without property damage or personal injury. the judge can give him 9 months in jail on the violation, crediting him for the 60-plus days he's already done.
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5
Attorney answers:
I recieved a DUI in 2003 and I am filling out a form for my job and they are asking me if I have a sealed or expunged record.
Sounds like you were adjudicated guilty. That cannot be sealed or expunged. The only way to know for sure the disposition of your case is to call the clerk's office in the county in which you were arrested. They should be able to confirm it for you.
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4
Attorney answers:
Florida DUI without the keys?? Please respond.
she has two obvious defenses. one, law enforcement must observe her driving or in actual physical control of the car (unless there's a traffic crash and through their investigation, the cops determine she was the driver). two, she has a necessity defense. florida law excuses the criminal behavior of dui if the necessity of self-preservation exists.
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5
Attorney answers:
I have both "arrested DUI/dropped to reckless" and "arrested DUI/charged DUI" where does that leave me when reinstating my lic.?
You have one prior conviction only. The only issue is with DMV. Even if you don't have two DUI convictions, you could still have two 'refusals' if you refused a breath test both times.
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3
Attorney answers:
Whats going to happen??
go to your arraignment (for which you will receive a blue notice in the mail) and ask the state attorney if you're eligible for the pre-trial diversion program. because you have never been arrested before, you are likely eligible. you'll have to write a letter of confession, do 25 hours of community service, pay $300.00 to the program, $150.00 to the state attorney's office, and stay out of trouble while in the program. after 3 months, your charges will be 'nolle prossed (dropped)' and you...
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4
Attorney answers:
Do they take blood for a DUI blood test after accident without rider knowing?
the answer to this question has everything to do with the condition of the rider. if law enforcement has probable cause to believe he is impaired by drugs or alcohol, and, if he has potentially serious bodily injury, law enforcement can order a medical person to draw blood without the rider's express consent. if there is no possible serious bodily injury, but the rider is nonetheless transported to the hospital and is unconscious or disoriented, he is deemed to have given consent to a blood...
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2
Attorney answers:
Can a judge find you not guilty without an actual trial?
Technically, if the state seeks to proceed without evidence, the judge would likely grant a motion for a directed verdict. In order to get a 'not guilty' verdict, I as the lawyer would not ask for a directed verdict. I would wait until the Judge gives the case to the jury. That way the jury can find the defendant 'not guilty' and the dmv would remove a DUBAL suspension. Typically, though, the state doesn't proceed if the evidence is suppressed. If that happens, then DMV will not remove the...
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2
Attorney answers:
Catch 22-to get FL DL reinstated, I need to buy/install breathalizer in my car.No car>? what can I do?
If dmv is requiring an ignition interlock device, as you already know, they will not give you a license without proof of the device's installation. so, your best option is to buy a 'clunker' for the least amount of money you can. then dmv will give you the license. however, you will have another problem. tallahassee will require you purchase an FR44; i.e., 100/300 insurance coverage (which will cost you more money than someone without a dui pays for 100/300 on a lease vehicle).
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3
Attorney answers:
How long does a D-6 Suspension last in Florida?
The D-6 will last until you address the reason it was entered. For example, if you failed to pay a ticket or show up for a court date, the Judge will typically enter the D-6. Usually, you can pay a late and/or re-set fee and get the D-6 cleared. A more serious matter will require you file a motion with the Judge to have the D-6 removed.
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2
Attorney answers:
How bad is going to affect me in the future this misdemeanor charge (retail theft)?
So long as this is your only arrest and have never before taken advantage of a record seal, you are eligible to seal this. It's relatively inexpensive (about $500.00 to $750.00 in legal fees, $75.00 to the Florida Department of Law Enforcement, and $60.00 to the clerk of court). If you want to skip the legal fee and do it yourself, you can. Just track the language of the Florida Statute dealing with Expungement/Seals and it's pretty easy to figure out. A record seal allows you to legally...
1 person marked this answer as helpful