Reader’s Question:

I was charged with DUI in Hialeah, Florida. I was told that I would first have a Formal Review Hearing. Is this different from the actual court trial?

Pacey

Hialeah, FL

Yes, Pacey, the Formal Review Hearing is different from the court trial. Since you were arrested for DUI in Hialeah, Florida and if you refused to take the test or the chemical test result for blood alcohol content (BAC) is .08% or greater, your driver’s license will be suspended for a period of time by the Department of Highway Safety and Motor Vehicles (DHSMV). By means of Formal Review Hearing, you are going to be entitled to challenge the driver’s license suspension. This Hearing, however, must be requested in writing and delivered to the DMV Office in Hillsborough County with 10 days from the date of your arrest. Your attorney can handle the details involved with scheduling and be able to conduct the hearing even if you don’t attend.

This Hearing can be a valuable tool in the defense of your case and the investigation. It would allow your lawyer to challenge the license suspension and, if successful, obtain your license reinstatement. I would also permit your lawyer to interrogate Law Enforcement Witnesses in order to gain detailed knowledge concerning their actions, observations and opinions.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

We were driving home the other night when a police officer asked us to stop. I was the one on the wheels and I was asked some questions related to drunk driving. I wasn’t detained because clearly, I was not drunk nor consume any amount of alcohol. But I want to know, are these Florida DUI checkpoints legal?

Spencer

Pembroke Pines, FL

Generally, the Fourth Amendment of the US Constitution protects citizens from unreasonable searches and seizures. This includes protecting citizens from being stopped without a search warrant and requires, at a minimum, that a police officer have a probable cause or reasonable suspicion to briefly detain a citizen to investigate his suspicion that the individual is involved in some illegal conduct.

But there is an exemption to the Fourth Amendment. It is the sobriety checkpoint that is intended to both deter and apprehend drivers operating their vehicle while under the influence of alcohol and/or drugs. The US Supreme Court stated that certain safeguards should be followed to render such stops constitutionally permissible. DUI checkpoints as a measure of curbing drunk driving in Florida are legitimate so long as the police officers manning the checkpoints use a random method of selection which precludes the “probable cause” law, such as stopping every third car, and the delay and inconvenience to drivers is kept to a minimum.

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

Reader’s Question:

My cousin was charged with DUI in Miami, Florida. We already hired a DUI lawyer who would help him defend his case. But still, we wanna know more about the DUI court process. What is the legal order of proceedings involved in a DUI case?

Gabby

Miami, FL

After the initial arrest of your cousin for DUI in Miami, Florida, he will be given a Preliminary Hearing date so that a judge may review his DUI case and determine if there is sufficient evidence for the case against him. This is usually a proceeding after a criminal complaint filed by the prosecutor to determine whether and to what extent criminal charges and civil cause of actions will be heard by a court what evidence will be admitted, and what else must be done before the DUI case can proceed.

The next court date of your cousin would be for the arraignment. This is the formal reading of the criminal complaint to inform your cousin, as a defendant on the DUI case, the charges against him. In response to arraignment, he is expected to enter to a plea. The plea, of course, can either be “guilty” or “not guilty”.

Then, there goes the trial by jury. This is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge. The juries weigh the testimony and evidence to determine questions of fact and of law. Requesting a trial by jury can be very complicated since witnesses and experts will be called upon to testify for and against your cousin’s case. If he chooses to take this route, his lawyer should have appropriate experience in DUI cases to help reduce his sentence or have his case dismissed altogether.

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

Reader’s Question:

My father has been required by court to get SR22 car insurance because of his DUI conviction in Melbourne, Florida. How does this work and is this another insurance policy that he would have to carry?

Pearl

Melbourne, FL

Your father has been considered a higher risk by any insurance company because of his DUI conviction in Melbourne, Florida. He needs SR22 insurance on file with the state as it is required by court for him to have it. He would probably have to pay more on his car insurance than most drivers. SR22 will serve as a proof of insurance to the Florida Department of Highway Safety and Motor Vehicles (DHSMV). SR22 is not another insurance policy he would have to carry, but rather his insurance company would usually charge or add a certain amount to his policy for SR22 insurance. He would have to dish put more for his car insurance. The SR22 insures drivers of one less uninsured motorist on the road and better protection for vehicles and property.

Florida SR22 car insurance is required for a period of 3 years after a DUI conviction and can be very expensive if you go with the wrong provider. I assure you that you can get an online SR22 insurance quote for your insurance policy from this site.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

My cousin was charged with DUI in Tampa, Florida and he is in need of a lawyer who would help him on his case. We were told that the lawyer that we would have to get is the one who specializes in DUI cases. How much do DUI lawyers charge and how do they work?

Ellen

Tampa, FL

A criminal defense lawyer usually charges a lot more in comparison to a public defender or a general practitioner, but it is always worth spending that much. The very simple reason is that they are expert legal professionals who have specialization in handling DUI cases. When you hire them to handle your cousin’s case, you simply maximize his chances of winning the judgment in his favor.

The best Tampa, Florida DUI lawyer is much more qualified than a public defender. They know the in’s and out’s of various sorts of DUI cases. They know all the major and minor details associated with a DUI case and they also know how to deal with such cases. The best DUI lawyer is not a different legal professional, but what gives them a winning edge over the others is the fact that they work differently. They usually start by looking for the loopholes on the case. They try to find the errors that the police officer may have committed. In this regard, they look into everything including the arrest procedures, intimidation that may have taken place and much more. The best DUI lawyer studies the case thoroughly and that is the reason why their defense is much stronger in comparison to the public defender.

Tags: drunk driving laws, DUI, DUI advice, 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 son has a potential DUI conviction for DUI here in Florida. We have a lot of concerns about his DUI case and we already have an idea about the outcome of the case. Our lawyer said that he could avoid jail term but he will be on probation. If that would happen, how long would the probation be and what are the things he would have to do?

Isabel

Northwest Dade, FL

In the state of Florida, for first time DUI offense, the probationary period required is one year. This probationary period can actually be significantly shortened with the help of your son’s DUI lawyer. Other sentencing would include $250-$500 in fines, a minimum of 50-hour community service, attending DUI School and driver’s license revocation. Possible other sentencing may include attending alcohol treatment sessions, attending vehicle impact panel (VIP), paying restitution for any damages resulting from the DUI, an apology letter to the arresting officers and commitment to “abstain” from alcohol for the period of the probation.

The remainder of the probationary period would consist of nothing more than meeting once a month with the probation officer to discuss any new arrests or charges that may have incurred. It will be the lawyer’s job to apply for the early termination after 6 months. Usually, judges are very considerate of early termination. Probation officers are overloaded with cases; thus, releasing an individual who has responsibly paid their debt to society is generally not a problem.

Tags: DUI lawyer

Reader’s Question:

I want to know how many days do I have to pay my ticket and attend a traffic school for my DWI conviction in Florida?

Kylie

Lakeland, FL

In Florida State you have 30 days to pay the ticket and contact the Clerk of Courts in the county where you received your citation for a DWI offense. You must either pay the fees, request for an extension or inform them that you are going to court to fight your case. I recommend that you take the traffic school first before paying the fines that will permit you to pay your traffic ticket (less 18% discount) and provide a copy of your traffic school certificate of completion to the court as a completed package.

However, the State of Florida does permit you to pay the ticket first (less 18% discount) and then you will get an additional 30 to 60 days to go to a traffic school, depending on which county you received your citation. I strongly encourage you to check with the Clerk of Courts in that county to find out the time you are permitted after paying your ticket.

After you pay your ticket you have 60 days in some counties and 90 days in other counties to complete your course and submit your certificate of completion. For verification of compliance, check with the Clerks office in that county. After you receive your certificate of completion of the traffic school course, you must show proof of completion to the Clerk of Court’s office in the county in which you received your citation. Remember, if you choose to take a traffic school class and take the 18% fine reduction, you must attend a traffic school and complete the class before your due date.

Reader’s Question:

My brother resides in Tallahassee, Florida. He was arrested for a DWI offense and was required to attend a traffic school. How do I know if an online traffic school is approved and recognized by his court?

Stella

Tallahassee, FL

Thanks for asking Stella. In Florida State, traffic school courses are approved by Department of Highway Safety and Motor Vehicles commonly referred to as DHSMV. You may receive paperwork from the court identifying recognized online traffic schools for your DWI arrest. If you would know, one of the first things the system will tell you when you begin to register in any online traffic school is whether it is approved or not by your court. If the internet traffic school is listed on the paperwork you received from your court, then you can proceed on your registration.

Because online traffic school is such a new experience, some traffic courts have not yet authorized or even recognized the online equivalent to the regular classroom course. However, most traffic courts allow internet courses, so the chances that your court will approve on-line courses are very good. Also, if your traffic court currently authorizes home study-Internet courses for traffic school attendance, there is a good chance they will authorize online attendance. So to make sure you have to ask them.

There are actually many traffic school online course providers that are offering DHSMV approved traffic ticket dismissal courses. You just have to be keen on searching online and make sure that they have been approved by your court.

Reader’s Question:

My sister was charged for DUI in Fort Lauderdale, Florida. She just recently reached the legal age of drinking alcohol which is 21 years old. Yet, she already started abusing that privilege. What are the things that she need to know following her arrest?

Ernest

Fort Lauderdale, FL

DUI is a violation under the Florida law so offenders can be arrested and penalized. If an individual is convicted of DUI in Florida, it would mean a permanent criminal record, fine, loss of license, vehicle immobilization, community service, higher insurance rates and may be even imprisonment. It would be best for your sister to consult a good DUI lawyer since she was arrested for DUI in Fort Lauderdale, Florida so that it help her lessen the jail term or even stop it.

There are some formalities after a DUI arrest. A formal Motor Vehicle Hearing can requested 10 days after the license has been confiscated. This hearing is very critical because at stake here would be loss of the temporary license as well (a temporary license is usually given until the hearing). The next stage to undergo is the Arraignment which can take place within 30-60 days after the arrest. This is basically for the advisement of rights and your sister doesn’t have to attend in person if she has a lawyer. The next stage is the suppression hearing which occurs between six weeks and three months after the pre-trial. After the plea is submitted, the trial is generally held within six months. The final stage would be acceptance of a plea bargain or sentencing after a conviction.