by DUI Defense
Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI. The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Driving under influence of alcohol or alcohol is a problem that has risen to alarming levels. In fact, a recent survey has bought home a terrible fact that shows that drunk driving claims five lives everyday. A drunk driver faces humiliation, fine, probation, loss of license and the possibility of a prison sentence. The law is somewhat lenient to first time offenders. Technically, it call for a jail sentence, but first time DUI offenders usually have this sentence suspended and the driver is put on probation. In simple terms, this means that the offender is subject to community supervision. Probation usually lasts one to two years. The offender must obey the judge’s order or the suspension can be revoked. The offender can then face a prison term. Usually a condition of probation demands that the offender must not violate the law, or drink alcohol. At the same time, it is necessary for the offender to maintain a job. The offender must follow all the regulations laid down for the probation period. This includes reporting to the prison office, usually once a month.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Punishment and convictions for a Florida Driving Under Influence of alcohol (DUI) arrest are serious and far-reaching. They include fines, jail, and administrative license suspension sentence from court. Florida department of highway safety and motor vehicles (FDHSMV) may impose restrictions that may include license suspensions separately, and other than those imposed by court. Person charged with DUI in Florida may hire the services of an efficient attorney to minimize punishments and convictions. Penalties for a first DUI offense may include probation, and a fine, or a few month loss of Florida driver license. A court may also ask an offender to attend DUI schooling for a period of hours. Apart from this, a mandatory jail sentence may be imposed, which may vary from a couple of days to a period of months. In some instances, it is possible to have this sentence converted to work service.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
The use of two different terms leads many people to wonder, “What is the difference between DUI and DWI?” Are they two different terms referring to the same thing, or are they separate and distinct crimes? The terms both refer to the same crime: operating a vehicle while intoxicated or under the influence of drugs or alcohol. DUI stands for Driving Under the Influence. DWI stands for Driving While Intoxicated or Driving While Impaired. Note that these terms don’t refer simply to driving while drunk – they also cover operating a vehicle after using illegal drugs.
However, some states to make a distinction between the severity of the crimes. In some parts of the US a DUI is considered less serious than a DWI – the reasoning being that there is a distinction between being simply “under the influence” and actually being “intoxicated.” It implies a difference in the level of impairment caused by the drugs or alcohol on your coordination and motor skills. Other states treat both DUI and DWI exactly the same way. There is a legal limit for intoxication and anyone caught driving over that limit will be treated in the same way – however, the punishment dealt out by a judge may still be influenced by the level of intoxication.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Driving Under the Influence (DUI) Checkpoints have a checkered past in the United States. Some states outlaw them completely, others have statutory limitations, and others have statutes which are relatively mute on the subject. In a DUI checkpoint is essentially a roadblock. The roadway will be blocked off with police cruisers and a thin line each way will be allowed to pass through. Cars are stopped based on a mathematical formula, rather than appearance of the driver or car. Once a car is selected, they will be asked for their license and registration. If the driver appears nervous, is fumbling, or smells like alcohol or drugs, they may be asked to go to a secondary inspection station.
The most important thing to remember, for both driver and passengers, is to remain calm. It is a good idea to have your license and registration easily accessible, so your nerves do not make you out to look like a drunk driver. Just a little adrenaline can make pulling your wallet out of your back pocket and your license out of the plastic screen to be a difficult endeavor. All passengers should remain quiet, and should not volunteer any information. Of course, open containers should always be avoided, and if found during a DUI checkpoint will immediately flag suspicion in the officer. The officers will be looking for slurred speech, glassy eyes, the smell of drugs or alcohol, fumbling, or other drunken behaviors. Generally, a driver who quickly presents his license and registration with no smells or strange behaviors will have a brief encounter with the police force.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
A DUI charge can be very serious and include large fines, jail time, or both. In Florida, the drunk driving laws are very strict and so are the penalties. Depending on the situation, a DUI can be considered a misdemeanor or a felony, if it is a felony it will show up on your criminal record. If this happens, anyone running a background check on you can see the charge, including employers. Some parts of Florida have especially strict fines. It is rare to see someone get convicted of a DUI and get out of it without paying a fine, expenses, and surcharges. The penalties of a DUI charge depend on prior charges. Due to the criminal law in a first conviction costs nothing less than hours of community service, or another fine. This is without calculating expenses related to probation, mandatory classes, insurance charged, and DMV fees. These expenses can add hundreds more to your total cost. A second conviction is mandatory imprisonment of at least a few days. If convicted for a second or third DUI it can then become a felony, which would negatively affect your whole life. On top of all these fines, fees, and surcharges comes the loss of money from missing work, transportation, and career values. If you are young and looking into education institutions, this is especially bad.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you’re trying to avoid these penalties, then keep reading.
-Discredit the Evidence
This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Discrediting the evidence against you in a DUI case is the fastest way to get your case dismissed.
-Get a Good Attorney
Now is not the time to try to defend yourself in court. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile.
-Don’t Miss Court
If you miss a court date, you’re going to be in a lot of trouble. Not only will the original case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
DUI (driving under the influence) is a grave offense in Florida and may be considered as an offense or traffic crime or even felony in some cases. Being arrested under DUI may mean a protracted criminal record, fine, community service, loss of license, vehicle immobilization, higher insurance rates and may even include imprisonment. Blood tests and urine tests may be undertaken for determining the level of alcohol in blood and urine and establishing the offense. Refusal to undergo these tests may result in confiscation of offender’s license for a year.
Under regular circumstances, any person caught driving a vehicle with a high alcohol present in his blood sample, urine or breath, is eligible to be booked as an offender under DUI. At a blood alcohol count that is high. A person may have diminished ability to do two things at a time such as steering and braking. Alcohol gets absorbed into blood and gets carried to the brain. This affects the nerves and slows down reflexes and may result in accidents. Alcohol-related motor vehicle accidents claim a person’s life every few minutes, and non-fatally injure an individual every two minutes. Statistics prove that DUI offenders claimed the lives of over one million people last year as a result of DUI accidents. Florida tends to have the highest numbers of DUI arrests in US.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Traffic citations are an unsettling experience, and that includes DUI. You should consult a DUI attorney if you need legal advice. Additionally, if you need information on DUI laws in other states, you should seek out specific answers to your questions from resources in those states. What many people don’t realize is that there are two separate cases when dealing with a DUI citation. The first case is the criminal case, which most of you will be familiar with. The criminal case is generally located in the local courthouse in the geographical area where you were pulled over. At the criminal trial, the prosecution will present its evidence, call witnesses, and make its argument about why you are guilty of DUI.
The second case, which many people are unaware of until they receive a DUI citation, is the civil administrative case. The local licensing agency will decide whether to suspend your license and for how long. You must request an administrative hearing within a very short period of time in order to be entitled to one. In some instances, your license will already be automatically suspended; in others, your request postpones the suspension until the conclusion of the hearing.
Full Article
For More Information Visit: http://www.duilawdefense.com
Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence
by DUI Defense
Your first time in Court is called an Arraignment. Your next court date is called a Pre-Trial or Status Conference. You may also have court dates for Motions or Trial. This is your first time in Court and it’s where you are formally told about the charges against you. In the case of DUI, you may already know what the charge is before you even enter the Courtroom. However, there can be additional charges that you were unaware of like infractions for bad driving or additional criminal charges the prosecution filed after your arrest for DUI. Depending on Jurisdiction, you will either be mailed a Hearing Notice or you will have to look on your citation (about 1/3 from the bottom) where it says Mandatory Court Appearance for your court date and time. Arrive a few minutes early. Most courts will have a computer printout of all the people scheduled for court that day, called a docket. These printouts are generally in plain sight near the courtrooms. Next to your name will be a courtroom number. That’s where you need to go. If you get confused or can’t find your courtroom, ask at the Court Clerk’s office – they are generally very helpful. Once you get to the right courtroom, be prepared to wait. Most Courts will have either a video or a paper that explains your rights at arraignment. If it’s a paper, they will want you to sign your name – saying that you understand your rights. Eventually, you will be called up in front of the Judge. Don’t Panic. This is not your time to explain what happened – there will be ample time for that later. All the Judge wants to know at Arraignment is whether you understand the charge(s) against you and whether you want to plead Guilty or Not Guilty. That’s it.
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Tags: attorney, car, defense, drive, driving, drunk, DUI, law, lawyer
Posted in Miami DUI Layer - Driving Under the Influence