What if I didn't realize my drivers license was suspended for failure to pay traffic ticket a year ago
5 attorney answers
I'm so sorry to hear about your DUI. Unfortunately, here in Palm Beach it does complicate matters some. If this was your first DUI and you had no prior criminal history you may have been eligible for the "DUI diversion." It is not your typical diversion as most attorneys know it. To accept it, you would plead guilty to a reckless driving and receive a withhold of adjudication with the DUI terms.
However, the suspended license typically makes you ineligible. But all is not lost. You should hire a local attorney who is familiar with the process and prosecutors. There is an outside chance that you could get the diversion if the attorney knows how to go about the process. If this is not possible, you still need a strong defense by exploring whether you took the sobriety test and performance, your blood alcohol level, the circumstances of your drinking (like how much and how long), any physical ailments, how you spent your day, your history, reason for the stop and possible motions to suppress, etc.
DUI are tough to deal with because of the consequences. But with the help of an attorney, you can work towards the best possible outcome based on your situation. Best of luck to you!
The answer above is not legal advice nor establishes an attorney-client relationship between you and J & J Law Firm, PA. Please consult with a local lawyer in your area to obtain confidential legal advice based on your specific situation and the facts in your case.
For one thing, you do not have the right to have a permitto drive for the initial 10 days nor can you get an extension while requesting a hearing.
You must immediately get a DUI lawyer within 10 days of your arrest to file a petition for a formal review of your license suspension to attempt to get that invalidated. otherwise, you are facing a hard license suspension plus the rest of your license suspension for the administrative portion.
On top of that you are facing criminal sanctions and an additional one year revocation for DUI, if convicted. This means up to six months in jail for a simple first offense.
As to driving while license suspended, although unknowingly driving while license suspended is punishable as an infraction only, the likelihood is that you were charged with knowingly driving while license suspended, a criminal misdemeanor punishable by up to 60 days in jail for your first offense, up to a year in jail if it is your second andup to five years in state prisonif it is a third offense treated as a 3rd degree felony.
My best advice for you is to immediately see a DUI lawyer to try to help you out of this mess.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
There is no virtually no defense to DWLS. You were either driving or you weren't and you DL was either suspended or it wasn't. FL law contemplates a difference between DWLS-knowingly (a crime) and DWLS-without knowledge (an infraction).
Either way, rack up 3, in any combination, and you become a habitual traffic offender (HTO) and then your 4th is a felony (prison time - 5 years - becomes a real possibility).
That said, if you get into the PBCty DUI Diversion program then they may well dismiss the DWLS upon your successful completion.
Similarly, if you plea out your DUI case then your DWLS will probably be dismissed.
If you try your DUI and lose then you will be sentenced for both.
hile Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation.
Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.
You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.
The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.
My advise: Locate an experienced 516 area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique case.
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
I agree with my collegues. And would add that you should strongly consider speaking to an experienced criminal defense attorney in your area.
Depends on whether or not you were arrested for knowingly diving with a suspended license or simply driving with a suspended license. If convicted for knowingly driving with a suspended license you could be facing a 2nd degree misdemeanor punishable by imprisonment of up to 60 days. Conversely, if arrested for DWLR without knowledge it is only a moving violation. If there was a judgment entered revoking or suspending the driver's license there is a presumption of knowledge. You should contact a defense attorney for more information and possible defenses for your specific situation.
**This response is not intended to provide legal advice, nor is it intended to be a solicitation for legal advice. NO reader should consider the information contained herein to be an invitation for creation of an attorney-client relationship, and you should not rely on information provided. The information provided is for general information purposes only, this response should NOT be taken as legal advice for any individual case or situation. If you have a legal question, you should seek the advice of a licensed attorney in your state.