Driving while under the influence of alcoholic beverages or a controlled substance is one of the more serious traffic violations you can be accused of committing. In fact, under somemore circumstances, a DUI can be charged as a felony. If you are found guilty of driving while under the influence, you are subject to serious penalties for a first offense, including imprisonment of up to six months, a loss of your driver license for a minimum of six months, a fine of up to $500.00 plus court costs, completion of a substance abuse course, and 50 hours of community service. Second and subsequent offenses are dealt with more severely. If an accident involving death or serios bodily injury occurred, penalties can be extremely serious. Ane,naturally, your insurance rates may skyrocket after a DUI conviction.
If you operate a motor vehicle in the State of Florida, you are subject to the "implied consent" law. This means that because you are operating a motor vehicle in the State of Florida, you have agreed to take a chemical test of your breath if you are arrested by a law enforcement officer who believes you are under the influence of alcoholic beverages. These tests are to determine your blood alcohol or drug level in your bloodstream. If you refuse to take the test, you are subject to a suspension of your driver license for a period of one year for a first refusal and a period of 18 months if your driving privilege has been previously suspended for refusing to submit to such a test. Additionally, a second or subsequent refusal may be charged as an additional criminal offense. If you refuse to take the test, or if you take the test and the test reveals a blood alcohol level of .08 or higher, your license will be seized by action of the law enforcement officer on the very evening of your arrest, and suspended after 30 days.
You have a right to review the suspension of your driver's license by requesting a hearing, in writing,with the appropriate division of the Department of Motor Vehicles office within 10 days. Strict deadlines are involved and quick action may save your license.
If you or a loved one has been arrested on a D.U.I., contact us today for a FREE CONSULTATION.
For more information on Florida DUI laws, or if you have been arrested for DUI, please schedule a free confidential consultation with an experienced criminal defense attorney by calling us at the phone numbers below, by e-mailing us, or use our Contact Us page.
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Going through a divorce can be an emotionally difficult experience. While some divorces can be handled without an attorney, it is often advisable to seek representation when difficult issues such as child custody and visitation, and division of assets arise or are anticipated. Our services include:
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Driving while under the influence of alcoholic beverages or a controlled substance is one of the most serious traffic violations you can commit. In fact, it is classified as a traffic crime and in some circumstances a misdemeanor, or under more limited circumstances, even a felony. If you are found guilty of driving while under the influence, you are subject to heavy penalties for a first offense. These include imprisonment of up to six months, a loss of your driver license for a minimum of six months, a fine of between $250.00 and $500.00 in addition to court costs, completion of a substance abuse course, and 50 hours of community service. Second and subsequent offenses are dealt with more severely.
If you operate a motor vehicle in the State of Florida, you are subject to the "implied consent" law. This means that because you are operating a motor vehicle in the State of Florida, you have agreed to take a chemical test of your breath if you are arrested by a law enforcement officer who believes you are under the influence of alcoholic beverages. A urine test can be requested if drugs are suspected. A blood test can be requested under some limited circumstances. If you have a Florida driver license, the statement, "I hereby consent to any chemical test for sobriety as required by law" appears directly above your signature.
These tests are to determine your blood alcohol or drug level -- to find out how much alcohol or drugs are in your bloodstream. If you refuse to take the test, you are subject to a suspension -- taking away -- of your driver license for a period of one year for a first refusal and a period of 18 months if your driving privilege has been previously suspended for refusing to submit to such a test. Additionally, a second or subsequent refusal may be charged as an additional criminal offense. If you take the test and the test reveals a blood alcohol level of .08 or higher, the periods of suspension are 6 months or 1 year if a prior violation exists on one's record. This is even if you are acquitted on the D.U.I. charge itself. You do not have the right to have your own doctor give you the test at the time of the arrest, and you do not have the right to have an attorney present when you take such a test. You do have the right to have a second test administered by a physician or a laboratory technician of your choice. However, the second test must be paid for by you.
If you refuse to take the test, or if you take the test and the test reveals a blood alcohol level of .08 or higher, your license will be seized by action of the law enforcement officer on the very evening of your arrest, and suspended in 30 days.
You then have a right to review the action of the officer as follows:
A request for a formal or informal review of the suspension must be filed with the appropriate division of the Department of Motor Vehicles office within 10 days from the date of arrest or issuance of the notice of suspension, whichever is later.
If the person arrested requests a formal review, the department shall schedule a hearing to be held within 30 days after such request is received. The driver may request subpoenas from the division for the purpose of compelling the attendance of any witness. The driver is responsible for service of the subpoenas and payment of any witness fee.
At the hearing, the hearing officer, who is employed by the Dept. of Highway Safety and Motor Vehicles, shall receive into evidence any documents timely submitted to the division including the citation, arrest affidavit, breath or blood test results, refusal affidavit, alcohol influence report, and any videotape of the driver. The hearing officer shall determine from these documents and any relevant evidence presented by the driver whether the suspension is supported by a preponderance of the evidence. The department shall forward the hearing officer's order to the driver within seven (7) days from the hearing. A driver may appeal the order by petition for writ of certiorari to the circuit court.
If the person requests an informal review, the department shall conduct an informal review, which shall consist of an examination of all materials submitted by the officer and the driver. No testimony of a witness or other evidence shall be heard. The hearing officer shall determine whether the suspension is supported by a preponderance of the evidence. The order shall be transmitted to the driver no later than 21 days after the expiration of the temporary permit. A driver may appeal an informal review order by petition for writ of certiorari to the circuit court.
You will definitely want to contact an attorney immediately about these matters due to the strict deadlines involved.
If you or a loved one has been arrested on a D.U.I., contact us today for a FREE CONSULTATION.
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If you are arrested and charged with a crime you need an experienced trial attorney on your side. We have extensive experience defending clients who are charged with the commission of a crime or who are under investigation for criminal charges. We defend against all criminal charges filed in state or county courts including, but not limited to, the following:
DUI
Domestic and Simple Battery.
Theft Charges including burglaries, embezzelment and petit theft.
Robbery and armed robbery.
Sex Crimes
Trespass and armed trespass
Possession of drugs
Manufacture of drugs
Sale or Distribution of drugs
Drug trafficking
Aggravated asaults and batteries
Murder (excluding first degree murder)
Manslaughter and negligent homicide
Kidnapping and false imprisonment
And other charged crimes
It is important to consult with an attorney as soon as you become aware of an investigation or, if arrested, immediately after arrest. Generally speaking, the sooner you are represented the better.
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Besides common tickets such as speeding or running a red light we have experience defending more serious traffic related offenses, including, but not limited to, the following:
DUI
Driving with a suspended or revoked drivers license DUI
License suspension hearings
Moving violations
Reckless driving
Careless and imprudent driving (C&I)
Failing to stop (stoplight or stop sign)
Improper lane change
Operating a vehicle without a valid rivers license
Vehicular homicide
Manslaughter
Underage drinking and driving
Hit and run
Leaving the scene of an accident
While you may be arrested on the more serious charges and given a court date, on simple tickets you must request a hearing before a judge if you wish to contest the ticket. Time deadlines apply, so you should not wait to contact the courts for a hearing. In some cases, you may elect a driver's improvement course to take care of a violation without getting points against your license.
While small claims court was designed for people to resolve lawsuits for small amounts of money without resorting to legal counsel there are times when having a lawyer's help is advisable. If you need assistance in either filing a claim or preparing a defnse if you are sued we are available to help. If you like, we will appear in court with you and try your case. Our services include the following:
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you hire an attorney, please meet with us to determine our qualifications and experience. The information in this site is not, nor is it intended to be, legal advice. Please contact an attorney at Richard K. Sullivan and Associates, LLC., for legal advice.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you hire an attorney, please meet with us to determine our qualifications and experience. The information in this site is not, nor is it intended to be, legal advice. Please contact an attorney at Richard K. Sullivan and Associates, LLC., for legal advice.