Can anyone recommend a cheap DUI lawyer in the Daytona Florida area for a friend of mine?  He is on a budget, but needs someone who is qualified for a DUI trial.  Any help would be greatly appreciated, just post a reply to this message.

Reader’s Question:

I have been convicted of a DUI offense, will I still be able to wipe my DUI off my record in Florida?

Tom

Thank you for asking Tom.

Your first option after a DUI conviction is to ask a new trial from the court in Florida. If there was a mistake in the admission of evidence at your trial or some other procedural problems, your DUI lawyer can ask the court for a new trial. If the judge grants your request for a new trial, you will be allowed to present your entire case again and this time before a new jury. If you’re found not guilty on your second trial, then your driving record will be cleared of the DUI conviction and the legal effect would be as if you never were convicted.

If the judge did not grant your request for a new trial, or you lose at your second trial, you may be eligible to appeal your DUI conviction. If there is a mistake of law at your trial, or the jury completely disregarded the facts, you may have grounds for an appeal. An appeal involves filing briefs with the court and an oral argument and you will not be required to appear or participate in the appeal. If your appeal becomes successful, your conviction will be reversed, and your record will be cleared of the DUI conviction in Florida.

Goodluck!

MariCAR

Reader’s Question:

Do I need an attorney in Florida for my DWI case or can I just represent myself?

Sean

Thank you for asking Sean.

Yes, you can actually represent yourself — although I don’t think its a good idea. It is like a doctor doing an appendectomy on himself.

Driving while Intoxicated (DWI) is a very complex field with increasingly severe consequences. There is a minefield of complicated constitutional, procedural, evidentiary, sentencing and administrative license issues.

A qualified and experienced DWI attorney, however, can review the case for defects, have the court suppress evidence, compel discovery of such things as calibration and maintenance records for the breath machine, negotiate for a lesser charge or reduced sentence, have blood samples independently analyzed, obtain expert witnesses for trial, contest the administrative license suspension, etc. It is possible that you end up pleading guilty on a case that might have been dismissed.

Goodluck!

MariCAR

Reader’s Question:

What can a lawyer do with my DUI case in Miami Florida if I plan to hire one?

Tommy

Thank you for asking Tommy.

You can get a free consultation with a lawyer to discuss your options after a drunk-driving (DUI) charge and ways to avoid a license suspension. Miami Florida lawyers with experence and those that specialize in DUI cases may be able to discuss all issues involved in your case, including:

* the reliability of Breathalyzer tests and other field sobriety tests
* the effects refusal of a breath test
* negotiating a plea bargain and the effects of pleading guilty
* drunk driving (DUI) in combination with other traffic violations
* whether there was probable cause for a traffic stop when you were pulled over for drunk driving
* getting a temporary license or work license if your license is suspended

You may check online to check some DUI Miami Florida lawyers for free consultation on your case.

Goodluck!

MariCAR

Reader’s Question:

How much does it cost to hire a lawyer in a DWI case in Florida?

Cecille

Thank you for asking Cecille.

It will actually depend on the lawyer you hire in Florida. One lawyer may charge you $200 and another may charge you with $5000 for the very same DWI case. Other times the representation you get from Florida lawyers will vary accordingly, but not always. You should be very careful of lawyers who seem to be charging you too little because there may be additional fees for court appearances and other services that he may charge you. You should also be concerned about any lawyer who charges you a high retainer fee without consideration of what really needs to be accomplished in your DUI case.

The best thing to do is to visit several Florida lawyers and spend some time discussing your case. In a face to face meeting you will be able to get a sense of their dedication and concern for your case. A phone call will not reveal this. Make plans on spending more for a lawyer who has experience, training and has an excellent reputation as a trial lawyer. With that type of attorney, you are likely to get what you pay for. You will not know whether a Florida lawyer is right for you unless you meet him and see how he responds to your concerns.

Hire a lawyer who specializes in DWI cases in Florida if your income allows it. This lawyer will be able to give you solid information on what to expect in terms of cost.

Goodluck!

MariCAR

Reader’s Question:

How do I choose the best DWI attorney for my DWI conviction in Florida?

Janice

Thank you for asking Janice.

Here are some of the criteria that you may consider in choosing the best DWI lawyer in Florida:

1. Your DWI lawyer must have the latest functional knowledge on the focused areas of DUI/DWI as well as know the various tactics used by the police officers in Florida while conducting breath/blood alcohol tests and field sobriety.

2. Find out whether the lawyer focuses particularly on DWI/DUI defense cases, or he takes up other types of criminal and/or civil cases also.

3. Make sure that the lawyer appointed by you is certified by the American Bar Association through the National College for DUI/DWI Defense.

4. The DWI lawyer should have an expansive knowledge in physiology, gas chromatography, breath testers, individual tolerance ,infrared analysis, photochemical analysis, etc.

5. Discuss in advance about all the expenses to be incurred by you while you finalize the deal.

6. Do not get carried away by any false claims of dismissal of the case. The DWI defense attorney can at the most make an effort to turn the case in your favor, but there is no guarantee that your lawyer will be able to completely get the penalties written off or do away with any type of jail sentence.

Goodluck!

MariCAR

Reader’s Question:

What are the penalties for second offense DUI in Florida? Do I need a lawyer for this?

June

Thank you for asking June.

In Florida, driving under the influence (DUI) is defined as driving a motor vehicle while impaired with a blood alcohol level (BAC) of .08 or higher, a controlled substance or chemical substance. A DUI stays on your driving record for 75 years.

Below are penalties that you may face for second offense in DUI in Florida:

* Fines of $500 to $1,000 and a minimum $1,000 to $2,000 for BAC of .20 or higher, or a minor in the car,

* Jail time of not more than nine months. A BAC of .20 or higher, or operating a vehicle with a minor in the vehicle, will require a jail time of up to 12 months. If it’s your second conviction in five years, a mandatory 10-day jail sentence will be required.

* impoundment of vehicle(if a second conviction in five years) for 30 days.

* suspension of drivers license for six months minimum. If it’s your second conviction in five years, you’ll lose your drivers license for five years (but will be eligible to apply for a hardship license after a year).

Deciding whether or not to hire an attorney in Florida is a personal choice and the answer depends on your personal and financial situation and your ability to handle the process on your own.

Goodluck!

MariCAR