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I was arrested Sunday morning for a DUI. What can I do, if anything, to get my charges dropped or lessened?

Jacksonville, FL |

I was pulled over leaving a friend's house and according to the officer, there was an off-duty police officer behind me who noticed I was swerving. He drove me to another location and conducted a field sobriety test. He would not allow me to call anyone during the traffic stop, as I work in a law office and would've liked to consult counsel. He said I failed the test and arrested me. I don't believe he read me my Miranda rights, there was so much stuff going on. I was taken to jail and thought I would be able to pass a breathalyzer. I blew a .124. At first appearance, I got a decent agreement, but would prefer to speak with counsel. Since this is my first charge, is there anything I can do to not end up with something smaller? Have a bright future ahead of me and don't want this to stop it

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Attorney answers 4

Posted

The best thing you can do is hire an experienced aggressive criminal defense attorney to immediately begin fighting your case. There are things lawyers can do to help in retained early, but it is unlikely that there is anything you can do on your own to help your cause. Hire a lawyer.

John S. Riordan, Esq.
West Palm Beach, FL
(561) 650-8291

John S. Riordan, Esq., RIORDAN & HERMAN, PL., West Palm Beach, FL, (561) 650-8291. Mr. Riordan is a former Palm Beach County Prosecutor and an experienced criminal defense lawyer handling cases in both State and Federal Courts throughout Florida. The answer provided is for educational purposes only. It does not constitute legal advice or create an attorney-client relationship. You should consult an attorney for legal advice regarding the facts of your specific case and designed to help you with your personal needs.

Posted

The most important thing you can do is hire an attorney. Mr. Riordan is right. This can affect you for life. Get counsel.

Asker

Posted

I plan on retaining an attorney; however, I was just curious as to the options. Are there any options, or will I just be kinda stuck...?

Robert Jason De Groot

Robert Jason De Groot

Posted

The attorney you retain will go over the police report with a fine toothed comb and advise you of what your options likely are. It would be good to get a copy of the police report to take to any attorneys you have consultations with.

Posted

The hiring of an attorney to help you through this will give you the best chance to get the DUI dropped or lessened. You are doing the right thing by aggressively acting on this immediately after your arrest.

On a side note... The fact that you blew a .124 will cause your license to be administratively suspended which is completely separate from your court case. A blow of over .08 results in a 6 month suspension with 1 month of "hard time" where you cannot drive at all. The other 5 months you can request a hardship license (once you enroll in DUI school) which will allow you to drive for business purposes. This administrative suspension can be challenged by requesting a Formal Review but this must be done within 10 days of your arrest.

Retain a skilled attorney in the Jacksonville area as soon as possible and best of luck to you.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Posted

Everyone is correct - hiring experienced counsel is your best bet for a better outcome than what was offered at first appearance. An attorney needs to examine all the facts of the stop and the investigation to see if there are grounds to challenge the arrest. In fact, DUI cases are so fact specific that if you do not allow an experienced attorney a chance to take a good look at your case you really will never know how it may have turned out if only.....

DUI is a big deal. The costs of taking a plea deal are large and long lasting. The cost of a good attorney is a bargain in comparison if you can get a reduced charge or at least know in your heart that your disposition was the right thing to do, whatever it turns out to be.

Consult with some attorneys and hire one that you feel good about and with whom you can communicate. Good luck.

The above is provided for educational purposes only and is not legal advice nor makes you a client of the Mosca Law Firm, PA. Please consult with a lawyer in order to obtain confidential legal advice that is tailored to your specific situation and facts.

Asker

Posted

Mr. Mosca -- I have been researching firms as I decided it's best not to get a referral from the partners in my firm. I was going to call your office, is there any way I can meet for a consultation outside of the regular 8-5 business hours as I have to work?

Stephen Andrew Mosca

Stephen Andrew Mosca

Posted

Sure. Just call me - I can't call you.