Reader’s Question:

I was arrested for DUI in Palm Beach, Florida at a DUI checkpoint and I am still confused about the legality of this kind of checkpoint. Does the law really allow this kind of a traffic stop?

Brian

Palm Beach, FL

DUI checkpoints are extensively used by law enforcement officers around the country today. At present, the law is clear on the use of these DUI checkpoints. The US Supreme Court has recognized that the stopping of motorists poses an intrusive burden on citizens and consequently law enforcement must adhere to a strict set of guidelines when conducting the DUI checkpoints.

DUI checkpoints are found to be constitutionally permissible even though there is a significant degree of intrusion upon motorists due to the fact that their implementation is said to advance the State’s interest; that interest being to stop impaired drivers and remove them from streets and highways. But failure to comply with the guidelines as laid out by the US Supreme Court and Florida DUI law would render any evidence following a stop at one of the DUI checkpoints inadmissible. If this is the case, it would result in a dismissal of your DUI charge in Palm Beach, Florida.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I haven’t been actually arrested for DUI but I’m afraid someday that I would just be asked by an officer here in Sunshine Parkway, Florida to stop because he might think that I am drunk driving. How can someone be asked to stop under a DUI suspicion?

Alton

Sunshine Parkway, FL

If a police officer suspects that he has observed a drunk driver while on a routine patrol, he/she would look for the usual manner of behaving while intoxicated like driving too slow or too fast, crossing the center line, weaving, etc. or he might look for a moving traffic violation that would serve as a “probable cause.” This could be the reason why a police officer would follow a suspected intoxicated driver at a safe distance to observe the driver’s pattern to assess if his/her opinion that he/she has spotted someone intoxicated may be correct.

Police officers would develop reasonable suspicion” that a driver is impaired after observing the vehicle from behind. The officer would likely witness a traffic offense, witness a traffic offense pull over the vehicle and investigate their suspicions. If you will be asked to stop under a DUI suspicion in Sunshine Parkway, Florida, the officer should have probable cause to stop your vehicle. After pulling you over, the police officer should conduct an investigation to prove his reasoning for the stop, and that would be his/her proof of probable cause. This proof would be evidence or physical signs indicating intoxication.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

My first instinct is, of course, to fight my DUI case here in Miramar, Florida but my primary concern is the lawyer fees. I’m just curious to know, what would it cost me to hire a DUI lawyer?

Pierre

Miramar, FL

Lawyer fees vary widely according to their level of experience. You could find a general practitioner in Miramar, Florida that would charge you as little as $1,500 and a well known expert in Florida DUI law may charge you $10,000 or more. Lawyer fees actually depend on the complexity and seriousness of your DUI case. In general, it would make sense to hire the best DUI lawyer you could afford. It could be risky to hire a DUI lawyer just because they are cheaper. DUI laws are very complicated and an experienced DUI lawyer will identify issues that can help you right away.

There are also some issues that need to be considered by DUI lawyers in determining their fees and one of these is the experience that the lawyer has in successfully fighting Florida DUI charges. You also need to take note if your DUI offense is a misdemeanor or a felony (a first or second DUI is a misdemeanor). If there are alleged prior convictions, the procedures for attacking them could add to the cost. Take note also that a first DUI offense would be less expensive than a second DUI offense.

Tags: DUI, DUI cost, DUI lawyer

Reader’s Question:

My brother was charged with DUI here in Florida just recently. I kept on telling him not to drink and drive but he never listened. Anyways, we want to do everything to get him out of this but we are actually worried about the expenses especially in hiring a DUI lawyer. Is there a need for us to hire a lawyer at this point?

Marsha

Kendale Lakes-Lindgren Acres, FL

There are several reasons why you should hire a DUI lawyer to defend your brother on his DUI case in Florida. Primarily, a DUI lawyer would know a person’s legal rights in regard to the specific charge. Thus, a lawyer could be able to help prevent your brother from self-incriminating himself or any other mistakes he is likely to make.

If the charge is a serious one, which we hope not, a good DUI lawyer would know how to defend your brother in court. He needs the experience of a good DUI lawyer because they understand how to talk to prosecution, juries and judges. Given their years of legal experience, they know the law far more thoroughly than your brother will.

You have a valid point to think that a DUI lawyer may be expensive. This is because of the value they provide a person suspected of DUI. A few fortunes that you would have to pay the lawyer can be in exchange of serving time in jail, driver’s license restriction, community service, etc. Hiring a DUI lawyer could actually be a good investment on your brother’s part.

Tags: DUI, DUI lawyer

Reader’s Question:

My nephew might be facing a big problem right now. He was charged with DUI after being pulled over 3 days ago at St. Petersburg, FL. He badly needs needs help in finding a good & unexpensive lawyer. Please help us find one.

Nicole

Clearwater, FL

The range of fees for Florida DUI lawyers could vary largely depending on the nature of the case. There are several factors to consider such as degree of offense, whether the offense is the first or is a repeat, whether the defendant has been convicted of misdemeanor or felony, whether the offense has caused damage to life or property and the client’s requirements and expectations.

Florida DUI lawyers could cost your nephew from $500 to $2,000. Of course, fees may vary depending on the reputation of the lawyer. If your nephew is facing a minor and first offense, you do not have to choose the best. However, if the he has caused damage to life or property, I suggest you get a more experienced Florida DUI lawyer. A little warning, though, because this would cost you more.

The Internet is one of the best resources for Florida DUI lawyers. Just go to your favorite search engine and type in Florida DUI lawyers. Most lawyer directories are easy-to-use and are categorized according to area. You may even find online legal help. I suggest you also check your local telephone directory and find one nearest your area.

Good luck and hope you find the best legal help for your nephew.

Reader’s Question:

I was convicted for DUI and my driver’s license was suspended. How can I get a Florida Hardship License?

Francis

Sarasota , FL

If you are convicted for DUI and want to drive legally while getting your Florida license back, you may apply for a hardship license in the county where you live before the expiration of the revocation period. One of the requirements, if referred, is the completion and treatment for DUI school. After that, you can apply for a Florida hardship license in any Administrative Reviews Office where you live.

Proof of or completion of DUI School and treatment, if referred, is required if you wait to reinstate your license until your revocation period ends. Failure to finish the course within 90 days after reinstatement will result in cancellation of your driver’s license by the department until the course is completed. Failure of completion of the treatment may result in cancellation of your driver’s license.

You must take the required examination, and pay $115 administrative fee and $60 reinstatement fee and any license fee required at the time of reinstatement, whether for a hardship license or a full license. Also, proof of liability coverage or proof of liability insurance on the arrest date and a $15 reinstatement fee will be required.

Here follows a few suggestions for charges you should look out for when your lawyer is explaining the cost of Hollywood FL DUI lawyer to you in the form of a fee agreement. If you don’t want to be cheated, then you have to look closely at your fee agreement and see what the fees are and how they add up, and whether they are necessary in the first place.

• In any kind of case, the cost of Hollywood FL DUI lawyer will include the labor used. This includes:
  • any extra time the lawyer’s employees have spent doing research, paperwork, and so on for your case.
  • any overtime hours racked up by your case.
  • the cost of hiring an extra employee, like an investigator, for aspects of your case.
• The small things can also add up, but not much.
  • use of paper
  • postage
  • envelopes
  • taxi services
• Then there are the trial costs which the lawyer usually includes.
  • fees for operating the court
  • jury fees, if you want a jury

As you draw up your fee agreement with your Tallahassee FL DUI attorney, one of the most important features of this document will be the manner that your lawyer will be charging you in. Even when you look at all the little details and add everything up, the method of charging will have the biggest effect on your final number. Take a look at two of the most common methods that lawyers use to charge their clients and consider which one is best for you.

• Hourly rates.

Hourly rates work best for short and simple cases. If this is your first time getting charged with DUI, for example, and there is nothing serious to complicate your case which would cause your Tallahassee FL DUI attorney to have to gather research and witnesses and so on, then it’s possible that an hourly rate would be the best method for you to pay your lawyer. Throw one cog in the wheel, though, and the prices hear could rise by a lot.

• Fixed fee.

A fixed fee means one of two things: in many cases, a lawyer will split the fee into two, with one fixed fee for researching, interviewing, consulting, and so on, and another fixed fee for just the defense. Some lawyers, though, do it differently, in that they charge a single fixed fee across the board for all of their services.

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.