I recently plead guilty to a charge of reckless driving after being arrested for being slightly over the legal limit BAC. It went on for over 2 years and when i finally went to court the officer did not show up so my lawyer told me to plead guilty...
If you were ordered to complete DUI School as a condition of your reckless driving plea that is why you have conditions consistent with a reckless driving with alcohol as a factor. You mention that your BAC was over the legal limit, therefore you are lucky to have received an offer of a reckless driving as opposed to a DUI.See question
I blew a .18, there was a crash with property damage and no serious injuries. I had a dui over 20 years ago. What will the penalties be? How do I get a hardship license for work?
On it's face you are looking at the penalty for an enhanced DUI above a .15. That means you are looking at 12 months of probation, DUI school and any counseling, victim impact panel, $1000 fine, ignition interlock Device, 6 months ignition interlock device, 10 day impound, 6 month DL revocation, 50 hours of community service, and some additional fees(including restitution). Jail is always a possibility, depending on your criminal history and the state attorney assigned to the case.
You must decide within 10 days of the arrest, to either challenge or not challenge your administrative suspension. If you truly need a hardship license while the ciriminal case is pending, you may want to consider waiving your right to challenging the 6 month administrative suspension imposed by the DSHMV. It is recommended that you consult an experienced DUI lawyer who can navigate the waters for you.
Good luck...See question
I have a ticket for marijuana possession under 20 grams (it was one joint). The police stopped me and asked me to empty my pockets and it was in my back pocket I am worried about losing my license and a big fine. should I plead not guilty and i...
It sounds like the officer gave you a notice to appear, also known as a written arrest as opposed to arresting you. The result in Sarasota will hinge on two things: 1. Your criminal history and 2. The state attorney assigned to your case. If you have a criminal history and the state wants a conviction then you will lose your license for a conviction. However, if a withhold of adjudication or pre-trial intervention can be negotiated on your behalf then you wouldn't lose your driver's license. Drug court as you ask in your question is only available on felony cases.See question
I want to get my speeding ticket (16 over) reduced. I assume I initially need to plead not guilty to get a court hearing, and hope that the prosecutor approaches me with a plea bargain before the hearing?
That's not exactly how it works. First, Florida does not have municipal or state prosecutors. Cops prosecute their own cases and they hold the cards to the charge. On a limited number of occasions over the past 15 years have I seen officers amend a citation in court to a lower speed. Usually any amending or modification of a ticket will occur roadside when an officer will give a 9 over ticket which has the lowest fine and number of possible points. With that being said, you can hope that the officer doesn't show or hire a traffic lawyer who may be able to convince the officer to amend the ticket to a lower speed.See question
I have received an email from a federal attorney Micheal Davis about a federal warrant.
I've never heard of a warrant being e-mailed to someone. The usual process is that a US Marshall holds a warrant that was signed by a Federal Judge or Magistrate. That warrant is then executed upon someone. I.e. Through a physical arrest.
After a quick search it seems like this might be a scam
i received a dui and have completed evaluation and dui school they also wanted me to attend a substance abuse classes my schedule is very hectic at times and i haven't been able to complete the 12 week classes and due to this my licenses were canc...
Since the results of the psycho-social evaluation mandated counseling, that counseling must be done in-person. The State of Florida DHSMV will not accept any online classes for alcohol treatment. It would be in your best interest to contact the DUI school where you completed the class and see if they can give you a list of approved providers. Maybe it's possible that one of the other treatment providers will accommodate your work schedule.See question
Hi, I recieved a traffic citation from Monroe county, FL for speeding at 58 MPH on a 35 MPH posted road. I am an out of state driver from Pennsylvania holding Pennsylvania driver's license.
If you just pay the citation there is a very good chance that PA will find out about it and that could cause your insurance to go up. Consulting with a traffic attorney may be a better option because the Judge may offer a withhold of adjudication, meaning no conviction, and therefore nothing will transfer back to your PA license. In Florida cops prosecute their own cases and assuming you were cooperative at the side of the road and have a decent driving record there is a good chance of keeping this from transferring back to PA. Of course if the officer fails to appear in Court then you win the case outright.See question
Im a 19 year old college student and I was caught shoplifting. I have no criminal record, and this is a first offense. The LP took me into their office, and when the police officers arrived, they read me my rights and had me sign a trespassing for...
First, it sounds like you were given a criminal notice to appear as opposed to being arrested. If at all possible you should prevent yourself from having a criminal record if at all possible by finding a criminal lawyer who will work with your budgetary constants. Maybe your parents would be willing to assist you financially in hiring a lawyer. If you get the right result on the criminal charge you might be eligible to seal or expunge the case. Also, if you stole from a big box retailer you can expect a letter requesting civil restitution in the $200 range for the time it took to deal with your case. This is NOT part of the criminal case but can be sought pursuant to a Florida statute.See question
I hired a WI lawyer but he has been uncommunicative since the trial. I have received nothing but the revocation notice. What all do I need to do to get my license back? It was my first offense and I had a clean record up until then.
If this was a first offense DUI conviction you may be eligible for a hardship license assuming DUI school or the equivalent out of state course is complete. There may be other conditions you would need to satisfy, such as the ignition interlock device. I suggest you contact the local office that handles suspension issues such as yours. Their Jacksonville number is 904-777-2132.See question