Skip to main content
Matthew J. Olszewski

Matthew Olszewski’s Answers

10 total

  • I have received a hardship license (C for business purposes only) and want to know if it is acceptable to do the following:

    1. Drive to the gym 2. Stop at the gym on my way home from work. 3. Drive to the grocery store 4. Drive to the mall to buy clothes 5. Drive to drug store to buy misc. personal items 6. Drive to the pet store to buy dog food for my dog. Etc. ...

    Matthew’s Answer

    I agree with Ms. Gergley in that this is an extremely subjective crime and would almost entirely depend on the officer and the mood that he/she was in. There is a memo from DMV that states that work, school, groceries and medical purposes all fit within livelihood. Also there are two cases out there that state paying an electric bill and getting food from Burger King fall within the definition of livelihood as well. If you have any doubt about the activity, I would avoid it (in your case, the gym and mall and pet store). You may be able to successful challenge it, but only after getting arrested, bonding out and hiring an attorney. Catching a ride with a friend or shopping online would be a much cheaper and less risky alternative. Best of luck with your case.

    Matt Olszewski
    FL DUI Group, Managing Partner

    See question 
  • I have dui.In orthodox culture,it is custom to have small glass of wine during baptism as godmother.Can i take wine?

    I am accepted in pretrial diversion program. I still haven’t sign contract. Next Saturday, I will be baptizing child of my brother. In orthodox tradition , it is custom to drink a small glass of wine during baptism. Can I drink the wine or not? I ...

    Matthew’s Answer

    You should have been given the number for the person in charge of the pre-trial diversion program. I would contact her and get her input. If you have yet to sign the contract, I don't know how they can find you in violation, but it may be a violation of any pre-trial release program you are part of. As Attorney Epifanio stated, if you are at all unsure, the safest option is to refrain. Best of luck with the diversion program.

    Matt Olszewski
    FL DUI Group, Managing Parnter

    See question 
  • What can be done about the court filing the wrong charge??

    Ok so I got a dui in florida around april of 09. Finnaly got in to court around the end of 09. But anyways my dui was over a .15, which in the state of florida makes the breath machine mandatory for me. But my lawyer worked out a plea bargain to d...

    Matthew’s Answer

    Another agreement with Mr. Regan. Talk with the defense attorney that you entered the plea with. He/she will be able to look up the sentence with the clerks office and hopefully bring a motion to correct any errors. Also, you should have been given a copy of the paperwork when you plead, so you might want to check that as well. If all else fails, you may be able to look up your own record (along with what the sentence was) on the Leon County Clerk of Courts website. I know that it's possible to do so for the DUI cases that I handle in the Central Florida area. Best of luck getting this straightened out.

    Matt Olszewski
    FL DUI Group, Managing Partner
    321-256-1141
    Matt@FLDUIGroup.com

    See question 
  • I was pulled over for speeding while on my temporary hardship permit(C) Business purposes only.

    I told the officer I was coming back from Walmart for dog food and groceries -1/2 mile from my house. Is this a charge for violation of the restrictions on the permit or do I get charged for DWLS?

    Matthew’s Answer

    It is usually charged as violation of DL restriction. Although you are allowed to drive to the grocery store on a business purposes hardship permit. Hopefully the cop was honest and put in the report that you had groceries in your car when you were pulled over. This type of charge can be successfully defended, so it is important that you consult a dedicated and experienced criminal defense attorney knowledgeable in traffic related issues. Best of luck with your case.

    Matt Olszewski
    FL DUI Group, Managing Partner
    321-256-1141
    Matt@FLDUIGroup.com

    See question 
  • I am 20 yrs old and recieved a minor in possession in Florida, but I was not arrested.

    I am 20 yrs old and received a minor in possession in Florida, but I was not arrested. I was just given a court date. What should I expect? Do I need a lawyer? What happens if you get a MIP in Florida?

    Matthew’s Answer

    It's always best to consult with a dedicated and experienced criminal defense attorney when facing any criminal charge.

    A minor in possession charge in Gainesville FL should qualify for their Pre-trial diversion program assuming you don't have any prior criminal history. These programs typically involve some classes, a fine and community service, after which the charge is dismissed, meaning you have no criminal conviction on your record.

    This is something you may be able to do on your own, but as stated, it's always better to talk to an attorney in that area to get the specifics as to what the program would entail for you.

    Best of luck.

    Matt Olszewski
    FL DUI Group
    321-256-1141
    Matt@FLDUIGroup.com

    See question 
  • Dui reduced to a reckless. Then got pulled over with a suspended license.

    I recently got my dui conviction reduced to a reckless and was placed on probation for a year with it being taken off as soon as I finished all the stipulations of my probation. Today I got hit with a seat belt infraction and driving with a suspen...

    Matthew’s Answer

    As stated above, this more than likely will end up with a violation of probation being filed against you and I agree that a violation, if proven, could result in a jail sentence.

    It is important to talk to a dedicated and experienced criminal defense attorney because there are several issues that could effect the outcome of your case (the VOP and the new law violation), such as where were you driving to/from and did you have any type of work/business permit. I have seen officers in the past make arrests for driving while license suspended when the person had a valid permit and was driving within those privileges.

    Best of luck with your case.

    Matt Olszewski
    FL DUI Group
    321-256-1141
    Matt@FLDUIgroup.com

    See question 
  • In 1995 i was charged dui w/ accident can i get my gun rights back

    I completed all sentences back in 1998

    Matthew’s Answer

    The DUI's that qualify as felonies in the State of Florida are: DUI involving serious bodily injury, DUI Manslaughter, a third DUI within 10 years of a previous conviction and any fourth or subsequent DUI offense.

    DUI and DUI property damage are misdemeanors.

    It is important to note that it doesn't matter what crime you were charged with, but what crime you pled to or convicted of.

    Good Luck.

    See question 
  • I got a second dui in under five years blew a.25 what other options do i have instead of jail time

    This is my second one in under five years. Blew a .25 and a .24 I read about the manditory jail time of 10 days in flordia. I am worried about more jail time can the state make a deal instead of jail time for an alternatetive sentence house arres...

    Matthew’s Answer

    I agree that the best advice would be to hire an experienced and dedicated DUI defense lawyer. With your second DUI in 5 years and a breath result 3 times the legal limit, the prosecutor could likely ask for more than 10 days jail. 10 days is just the minimum that a judge is required to give.

    There could be several options that could be available to you. Some jurisdictions and judges will allow for home confinement, weekend jail, or an intensive in house alcohol treatment program instead of jail. These are all things that your attorney will be able to discuss with the prosecutor.

    See question 
  • I was arrested for DUI, blew .069 / .065 and offered diversion the wet reckless

    Before I was arrested I performed the FST and was told I did not do bad on them. But the smell of alcohol on my breath and red eye lead the officer to believe I was under the influence of something. At the station I submitted to a urinalysis as we...

    Matthew’s Answer

    There are 2 ways that a jury can convict you of DUI in the State of Florida. The first way, is to show that you had a breath test result over .08. Obviously this does not apply to you. The second way is to prove to the jury beyond a reasonable doubt that your "normal faculties" were impaired. As far as your breath test result goes, here is the instruction that you jury will receive.

    If you find from the evidence that while driving or in actual physical control of a motor vehicle, the defendant had a blood or breath-alcohol level in excess of .05 but less than .08, that fact does not give rise to any presumption that the defendant was or was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. In such cases, you may consider that evidence along with other evidence in determining whether the defendant was under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired.

    Based on your breath test result and your clean UA, you have an extremely strong DUI case, however, nothing is certain. All trial lawyers will be able to tell you about cases they've lost that they never thought they'd lose and cases they've won that they never thought they'd win. Your case will most likely come down to the FST's. It is important that your attorney knows how to successfully cross-examine the officer to show the jury that FST's aren't indicators of impairment and aren't examples of someone's "normal faculties". I know you said you "didn't do bad on them", but you can rest assured that the officer will attempt to articulate and the prosecutor will argue that you performed poorly and were impaired and should be convicted of DUI.

    It is difficult to turn down a sure thing for the unknown. Most of my DUI clients, would jump at the opportunity to plea to a "wet reckless", but I can understand your concerns as well. No criminal conviction is a good thing, but in the long run, a "wet reckless" conviction will be better for you than a DUI conviction. That is a decision that ultimately you and only you will have to make.

    Your post wasn't clear if it has been offered or not, but Orlando (Orange/Osceola counties) have a DUI Pre-Trial Diversion program that could solve all your concerns. If you qualify for this program, you have to complete some classes, pay some fines, complete some community service and after successful completion of the program, your DUI case is dismissed. This means that you do not have any criminal conviction on your record. The Pre-Trial Diversion program appears to be the only way to guarantee the outcome that you are looking for and you should have your attorney look into this for you.

    Good luck and I hope you reach the resolution you are seeking.

    See question 
  • What is the average sentence for a 4th DUI in Florida?

    My brother has now had 3 DUIs in FL and one in MI. What should we expect as a result? Thanks for your time.

    Matthew’s Answer

    It is extremely difficult to give you an "average" sentence. Some factors that can effect the sentence are the jurisdiction you're in, the judge you are in front of, the time in between DUI convictions and the individual facts involving each DUI case, especially the instant DUI case.

    A fourth or subsequent DUI in the State of Florida is a 3rd degree felony. The maximum prison term for a third degree felony is 5 years. The minimum fine for a fourth or subsequent DUI conviction is $2000 and the maximum fine is $5000. There is also a lifetime revocation of your driving privileges for a fourth or subsequent DUI conviction.

    It is likely for a fourth or subsequent DUI conviction, there will be some sort of significant jail or prison time followed by a period of probation. Some judges are also likely to impose additional terms for the probationary period such as: intensive alcohol classes and treatment, community service, or possibly the SCRAM device which prohibits you from consuming any alcohol while on probation.

    Again, these are general guidelines and can vary greatly by jurisdiction, judge and criminal history.

    See question