My son got I case off dui hit and run damage to property he went to jail with I bail of 1,500 I bail him out and we waiting for the trail I just wanna know if he have to do more time in jail or not ...... He got out off work around 7 went to I friend house to work in I car and he have I Migranies he ask to his friend if he have pills like Tylenol pananol and he gave him zanax without my son knowing he fall asleep driving hit I car from behind and he keep on going thinking that he got hit in just wondering what is going to happen now
Your son should hire an excellent criminal attorney who has significant experience in handling DUI cases
Due to the severity of DUI sentences imposed by almost every State courts, I would highly suggest you retain a criminal defense attorney ASAP.
While I would not suggest that drunk driving is not a serious matter in most states the penalties for first time offenders are expensive but usually do not involve jail time. I cannot say what the laws are specifically in Florida. From what you describe your son "may" have a valid defense to avoid a record. You cannot help your son on this site. You need to speak with an experienced lawyer in your county that handles DUI cases. In the meantime you can at least get an idea of penalties by Googling Florida DUI laws. You will see a lot of ads from lawyers but also some idea of penalties based on how many times a person has been convicted or arrested, the level of impairment--how drunk or impaired from other drugs, if anyone was hurt , if there was property damage, etc. I suggest you talk to more than one lawyer. This is an area of law that for many attorneys is an easy money maker. They run it like a mill. You need to get more than one idea on what to do. Does your son have a good chance of having the charges dropped? Is it more cost efficient to just take the penalty? Talk to more than one lawyer.
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I am sorry to hear that you and your son are in this situation. DUI cases are common and there are many lawyers who practice this area of law. There is no question that you need to speak to lawyer about this.
You should make sure to ask a lawyer how many DUI cases he or she has had before and whether he or she has ever had this specific type of situation where the driver was involuntarily intoxicated. A DUI lawyer will know if that is a valid defense or not and will be able to figure out the best way to help your
I wish you and your son all of the best of luck.
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"he have I Migranies he ask to his friend if he have pills like Tylenol pananol and he gave him zanax without my son knowing he fall asleep driving ".....you don't still believe that do you?.....If so you really need to consider getting some counseling as a parent regarding substance abuse. There are VERY FEW kids these days that (a) dont know what Xanax is (b) dont know that its one of the most abused "party" drugs or (c) what the effects of Xanax are. You should first be more worried about the potential that your son has a substance abuse problem and then the DUI issue as they are tied to together. Keeping substance abusers from suffering punishment under the idea of "not my child" or "hes a good kid that made a mistake" etc, often overlooks the cause of the arrest and enables the substance abuser to continue unfettered. Your job as a parent is #1 not to enable. As to the penalties, this will need to be addressed with the criminal lawyer representing him.
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Unfortunately no one here has a Ouija board to predict the future. Much will depend on your son's background, the provable facts of the current case and prior criminal record, if any.
Your son needs to sit down with his criminal defense attorney and review the facts concerning the current charge and how he might attempt to resolve it, perhaps through a plea bargain. Even if your son thought that he was the one who had been hit, he is not supposed to leave the scene of the accident.
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You definitely should take this matter seriously. DUI's can affect people's ability to work in certain professions. Luckily no one was hurt.
Please remember that your son only has 10 days to fight for his drivers license. This DMV fight can help his current criminal charges. Please contact a DUI lawyer right away. Most do not charge a consultation fee. You don't want to wait too long and lose some very valuable defense factors. If there are no injuries then it should be a misdemeanor.
There's a lot you left out, did your son blow? If it was only Xanax then it should read zero & was a urine sample then taken? Or was he a refusal? Did he give a statement? All of these questions & more will be asked by a criminal defense attorney. I suggest you sit down with a local criminal defense attorney asap.
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