Posts Tagged ‘criminal defense’
Do You Want An Expert Criminal Defense In Fort LauderdaleGet a Fort Lauderdale criminal defense lawyer with an aggressive, criminal defense record . Our Fort Lauderdale criminal defense lawyers have intimate knowledge of the Fort Lauderdale criminal court system on both the state and federal levels. They are respected by court officials and have prior experience with the Public Defender or State Attorney. . Though your case may seem hopeless at first glance, you may be surprised to discover that with an experienced Fort Lauderdale criminal defense lawyer to protect your interests that there is a way out – one that does not involve jail time and a criminal record.
AAA Criminal Referral Fort Lauderdale LawyersIt is in your best interests to contact an aaa criminal referral Fort Lauderdale criminal lawyer immediately being arrested and/or charged with a crime. The sooner you contact our criminal defense team, the sooner our team can evaluate your case and situation and get you criminal defense moving. Some types of charges require extensive research and investigation in order to give you the best chance at success in your criminal defense. The criminal defense lawyers of aaa criminal referral have the resources and determination necessary to defend you and your rights.
Get A Criminal Lawyer You Can TrustNo matter the criminal charge we have a criminal lawyer that can help you. Our criminal lawyer team will show you how from petty theft to murder, you have the right to due process. You have the right to aggressive criminal defense, and asserting the right to take immediate advantage of that will make all the difference in the outcome of your case. Make sure your choice of a criminal defense lawyer is an experienced competent Fort Lauderdale Criminal Lawyer. Choose a criminal defense Lawyer with the resources, experience and dedication to help you.
Call AAA Criminal Referral for Criminal Defense Attorneys In Fort LauderdaleIt can be very upsetting and stressful to face criminal charges. Arrests can be traumatic and humiliating. It is very important that you keep your rights in mind when you find that you have been charged with a serious crime. If you were convicted and forced to spend time in a state correctional facility, would you be able to keep your job? Support your family? Keep your current living arrangements? The economic effects of a criminal conviction can seriously impact your life. You must hire a competent criminal defense lawyer,Fort Lauderdale to protect your reputation and your good name.
Fort Lauderdale Criminal LawyersThe criminal defense lawyer team of AAA Criminal referral are deeply aware of the many ways in which a criminal conviction can negatively impact your life. That is why our criminal defense Fort Lauderdale team is dedicated to providing the best possible representation and counsel for you and your particular situation.
Call And get A Criminal Lawyer Nowcall AAA criminal defense referral Fort Lauderdale criminal lawyers 1 877.522.2123. Criminal Defense Lawyers in Broward County serving: Deerfield, Coral Springs, Pompano,Hollywood,Miramar,Pembroke Pines and the greater Fort Lauderdale area
Alachua County Jail 3333 NE 39th Ave Gainesville, Florida 32609 Phone: 352.491.4460 Inmate Search Baker County Sheriff’s Office 1 Sheriff’s Office Drive Macclenny, Fl 32063 Phone: 904.259.2231 Bay County Jail 5700 Star Lane Panama City, Florida 32404 Phone: 850.785.5245 Bradford County Jail 945 A N Temple Ave Starke, Fl 32091-2110 Phone: 904.966.6250 Inmate Search Brevard County Jail 860 Camp Road Cocoa, Florida 32927 Phone: 321.690.1500 Broward County Jail Main Jail 555 SE 1st Ave. Ft. Lauderdale, Fl 33301 Phone: 954.831.5900 Inmate Search Calhoun County Jail 20830 NE W.C. Reeder Dr. Blountstown, Fl 32424 Phone: 850.674.7789 Charlotte County Jail 26601 Airport Road Punta Gorda Fl 33982 941.833.6300 Inmate/Arrest Search Citrus County Jail Citrus County Sheriff’s Office 2604 W. Woodland Ridge Drive Lecanto, Fl 34461 352.527.3332 Inmate/Arrest Search Clay County Jail 901 Orange Avenue Green Cove Springs, Florida 32043 904.213.5905 Collier County Sheriff 3319 Tamiami Trail E. Bldg J Naples, Fl 34112 239.774.4434 Arrest/Warrant Search Columbia County Jail 389 N.W. Quinten Street Lake City, Fl 32055 386.755.7000 Desoto County Jail 208 East Cypress Street Arcadia, Fl 34266 863.993.4710 Dixie County Jail 386 NE 255 St Cross City, FL 32628 352.498.1231 Duval County Jail 4727 Lannie Rd. (Main) Jacksonville, Fl 32218 904.630.5747 Inmate Search (click on “Inmate Information”) Escambia County Jail 1200 West Leonard Street Pensacola, Fl 32523 904.436.9180 Inmate Search Flagler County Jail 1002 Justice Lane Bunnell, Florida 32110 386.586.4871 Inmate search Franklin County Sheriff’s Office Franklin County Jail 270 State Road 65 Eastpoint, Fl 32328-3616 Phone: 850.670.8500 Gadsden County Jail 339 E. Jefferson St. Quincy, Fl 32351-8645 Phone: 850.875.8844 Inmate Search (click on “Inmate Information”) Gilchrist County Sheriff’s Office 9239 South US Highway 129 Trenton, Fl 32693 Phone: 352.463.3490 Glades County Sheriff 1297 East State Road 78 Moore Haven, Fl 33471 Phone: 863.946.1600 Inmate Search Gulf County Sheriff 1000 Cecil G. Costin Sr. Blvd. Port St. Joe, Fl Phone: 850.227.1115 Arrest log Hamilton County Jail 3995 County Rd 51 N. Jasper, FL 32052 Phone: 386.792.1001 Hardee County Sheriff’s Office 900 E. Summit St Wachula, Fl 33873 Phone: 863.767.0942 Inmate Search Hendry County Sheriff 101 S Bridge St Labelle, FL 33935-4686 Phone: 863.674.5600 Hernando County Jail 16425 Spring Hill Drive Brooksville, FL 34604 Phone: 352.544.2334 Arrest Search Highlands County Jail 338 S. Orange St Sebring, Fl 33870 Phone: 863.402.7201 Inmate Search Hillsborough County Jail Orient Road Jail 1201 Orient Road Tampa, Fl 33619 Phone: 813.247.8371 Inmate/Arrest Search Holmes County Jail 3207 Lonny Lindsey Dr Bonifay, FL 32425-4242 Phone: 850.547.3681 option #1 Indian River County Sheriff 4055 41st Ave Vero Beach, Fl 32960 Phone: 772.978.6305 Inmate Search Jackson County Corrections Facility 2737 Pennsylvania Ave Marianna , FL 32448 Phone: 850.482.9651 Jefferson County Sheriff’s Office Jefferson County Jail 171 Industrial Park Monticello, FL 32344-6385 Phone: 850.997.5094 Lafayette County Jail 178 NW Crawford St Mayo, FL 32066 Phone: 386.294.1301 Lake County Corrections/Jail Information 551 W Main St Tavares, FL 32778 Phone: 352.742.4054 Inmate Search Lee County Jail 2501 Ortiz Ave. Fort Myers, Fl 33905 Phone: 239.477.1500 Inmate Search Leon County Jail 535 Appleyard Dr. Tallahassee, Fl 32304 Phone: 850.922.3500 Inmate Search Levy County Jail 9150 NE 80th Ave. Bronson, Fl 32621 Phone: 352.486.5121 Liberty County Sheriff’s Office 12499 NW Pogo St Bristol, FL 32321 Phone: 850.643.2235 Madison County Sheriff’s Office Madison County Jail 823 SW Pinckney St Madison, FL 32320 Phone: 850.973.4001 ext 221 Manatee County Jail 14470 Harlee Road Palmetto, Fl Phone: (941) 747-3011 Ext. 2901 Arrest Search Marion County Jail 700 NW 30th Ave Ocala, FL 34475-5600 Phone: 352.351.8077 Martin County Jail 800 SE Monterey Road Stuart, Florida 34994 Phone: 772.220.7200 Inmate Search Miami-Dade County Jail See website for facility locations Phone: 786.263.7000 Monroe County Jail 5501 College Road Key West, Fl 33040 Phone: 305.293.7300 Inmate/Arrest Search Nassau County Jail Fernandina Beach, Fl Phone: 904.548.4002 Inmate Search Okaloosa County Jail 1200 E James Lee Blvd Crestview, FL 32539-3114 Phone: 850.689.5690 Inmate Search Okeechobee County Jail 504 NW 4th St Okeechobee, FL 34972-2502 Phone: 863.763.3117 Orange County Corrections/Jail Facilities P.O. Box 4970 Orlando, FL 32802 Phone: 407.836.3400 Inmate Search Osceola County Jail 402 Simpson Rd. Kissimmee, FL 34745 Phone: 407.742.4444 Palm Beach County Corrections 3228 Gun Club Rd (Main Jail) West Palm Beach, FL 33406 Phone: 561.688.4340 Booking Blotter Pasco County Sheriff’s Office/Jail New Port Richey, FL 34652 Phone: 1-800-854-2862 ext. 6317 Inmate Search Pinellas County Jail 14400 49th St. North Clearwater, Fl 33762 Phone: 727.464.6415 Inmate Search Polk County Jail See website for locations Phone: 863.298.6200 Inmate Search Putnam County Jail 130 Orie Griffin Blvd. Palatka, Fl 32177 Phone: 386.329.0855 Inmate Search Santa Rosa Sheriff 5755 East Milton Road Milton, FL 32583 Phone: 850.983.1100 Sarasota County Jail 2020 Main St. Sarasota, Fl 34237 Phone: 941.861.4601 Inmate Search Seminole County Jail 211 Bush Blvd. Sanford, FL 32773 Phone: 407.665.1200 St Johns County Jail 3955 Lewis Speedway Saint Augustine, FL 32084-8628 Phone: 904.810.6615 St Lucie County Jail 900 N. Rock Rd Fort Pierce, Fl 34945 Phone: 772.462.3450 Inmate Search Sumter County Detention Center 219 E Anderson Ave Bushnell, FL 33513-6149 Phone: 352.793.0225 Suwannee County Jail 305 Pine Ave SW Live Oak, FL 32064-2316 Phone: 386.364.3778 Inmate Search (click on “Inmates”) Taylor County Jail 589 E US Highway 27 Perry, FL 32347-3537 Phone: 850.584.4333 Union County Jail 50 NW 1st St Lake Butler, FL 32054 Phone: 386.496.2501 Volusia County Jail 1300 Red John Road Caller Service Box 2865 Daytona Beach, FL 32120 Phone: 386.254.1555 Inmate Search Wakulla County Jail 15 Oak St Crawfordville, FL 32327-2014 Phone: 850.745.7100 Inmate Search Walton County Sheriff Walton County Jail 896 Triple “G” Rd Defuniak Springs, FL 32433 Phone: 850.892.8186 Inmate Search Washington County Jail 1100 Brickyard Rd Chipley, FL 32428-4349 Phone: 850.638.6110
Arrested In Ft Lauderdale Florida?
Need a Local Criminal Defense?Choose a qualified lawyer from our criminal defense lawyer network
- (1) Drug abuse violations (2) Driving while Intoxicated Felony DUI) (3) Motor vehicle theft (4) Larceny-theft (5) Assault (6) Disorderly conduct (7) Liquor law violations (8) Violent crimes- murder, non-negligent manslaughter, aggravated assault. (9) Aggravated assault. (10) Forcible rape (11) Burglary (12) Vandalism (13) Fraud (14) Weapons violations (carrying or possession) (15) Loitering (16) Robbery (17) Domestic Violence (18) Stolen property (19) Drug crimes (20) Possession, Trafficking
Need A Criminal Lawyer?
- Arrested for Domestic Violence Battery? Disorderly Conduct, Driving on a Suspended License (DWLS), Driving Under the Influence (DUI), Loitering and Prowling, Marijuana Possession (Cannabis Possession), Petit (Petty) Theft, First Offense Prostitution; and Resisting an Officer without Violence?
Get An Experienced Local Criminal Lawyer at Ft Lauderdale Criminal Defense Lawyer Network
A criminal lawyer defends you if you have been accused of a crime. Our West Coast criminal defense lawyers cover Tampa, St Petersburg and Clearwater. These are private practice skilled, experienced attorneys whi charge for their services. But, rest assured they know waht they are doing. Work on your criminal defense will not begin until you agree with the lawyer on payment. Our criminal defense lawyers charge by the hour and require a down payment called a retainer.
Have you been arrested or do you think you will be arrested? Call our 24 hr arrested hotline:
- Careless driving
- Driving with suspended license
- Driving without a license
- Leaving Scene of Accident/Hit & Run
- Reckless driving
- Drug Related Charges
- Driving under influence of drugs
- Illegal sale of a controlled substance
- Narcotic Drug Use
- Possession of Drug Paraphernalia
- Possession of narcotic with intent to distribute
- Possession of narcotics
- Possession with Intent to Sell
- Assault Related Charges
- Aggravated assault with motor vehicle
- Aggravated Assault, Battery
- Assault causing bodily harm
- Assault on a police officer
- Assault with a Deadly Weapon
- Assault with a weapon
- Assault with Intent to Commit a Felony
- Domestic violence
- Parole probation violation
- Juvenile law
- Auto Theft/GTA
- Identity Theft
- Insurance Fraud
- Receiving stolen property
- Strong Armed Robbery
- Tax Evasion / Fraud
- Telemarketing Fraud
- Theft / Larceny
- Wire Fraud
Your Fort Lauderdale criminal lawyer can help you if your have been arrested for all criminal charges.
If you have been arrested in Fort Lauderdale Florida whether you are visiting or a local a criminal charge is no laughing matter. You will need the assistance of an experienced criminal defense lawyer willing to fight for your rights. Our Nashville criminal lawyers can help you They have the skill and local experience you need to fight for your rights.
When your freedom, family or financial future is at stake, we will fight for you.
We are here 24 hours a day and you will get a response.
Criminal Practice Areas
- DUI-DWI Drunk Driving
- Criminal Defense
- License restortation
- Suspended license
- License Revocation
- White Collar Crimes
- Violent Crimes
- Traffic Offenses
- Vehicular manslaughter
- Theft Crimes
- Sex Crimes Defense
- Florida Probation Violations
- Juvenile Crimes
- Drug Crimes Defenses
- Criminal Enterprises
- Federal Drug Trafficking
- Public Corruption
- Obstructing Justice
- Resisting without Violence
- Disorderly Conducts
- Disorderly Intoxication
- Stolen Property Defenses
- Community Control Violations
- Fraud Offense
- Insurance Fraud
- Organized Frauds
- Aggravated Stalking
- Weapons Offenses
- Concealed Weapons
- Forgery and Counterfeitings
- Uttering A Forged Instrument
- Bad Check Offenses
- Worthless Checks
- Crimes Against Childrens
- Child Molestation & Pornographys
- Child Pornography
We can help you defend your criminal charges with lawyers in South Florida
7050 W. Palmetto Park Road
Boca Raton , Fl. 33433
Criminal lawyers in Boca Raton,Delray Beach and Deerfield Beach
West Palm Beach, FL
Criminal lawyers in: Boynton Beach,Lake Worth,West Palm Beach .Jupiter and all of Palm Beach County
Lawyers in:Miami,Miami Beach,Hialeah,Homestead and all of Miami Dade
E. Broward Blvd. Ft. Lauderdale , FL. 33301
Criminal defense lawyers in: Pompano Beach, Coral Springs, Fort Lauderdale, Hollywood,and all of Broward County Florida
A Florida criminal appeals lawyer may be able to overturn your criminal verdict thru the Florida Criminal Appeals process. If you feel there was an error in the criminal trial that may be proven contact a criminal appeals lawyer. Florida Criminal appeals lawyer ready to help you in Miami, Ft lauderdale, Boca raton, West palm Beach, Jacksonville, Ocala, Orlando, Melbourne, Ft Myers, Tampa, Clearwater, Pensacola, panama City , Tallahassee and all of Florida.
The Florida Criminal Appeals Process
After a court has convicted and sentenced you , you may file an appeal to a higher criminal court, asking it to review the lower criminal court's verdict for legal errors that may have affected the outcome of ypur criminal case. This is a criminal appeal and you will need to hire an experienced criminal appeals lawyer. If the criminal appellate court grants the criminal appeal, it may reverse the lower court's decision in whole or in part. If the criminal appellate court denies the criminal appeal, the lower criminal court's decision stands.
You Have The Right to Appeal Your Criminal Verdict
If a criminal conviction results from your guilty plea, you do not have an automatic right to appeal your conviction. In most jurisdictions, an appeal will be heard only if you are granted permission to proceed by the criminal appellate court. If your criminal case was convicted by a judge or jury at trial you have an absolute right to appeal the criminal conviction. Additionally, all states which enforce the death penalty allow an automatic appeal of cases involving a death sentence. If a court acquits you , the prosecutor may not appeal the verdict. Appealing a verdict of "not guilty" violates the double jeopardy clause of your first amendment rights. The criminal Prosecutors may, however, appeal all pre-trial rulings and decisions regarding the admissibility of evidence at trial. A criminal lawyer well verses in criminal appeal motions can help.
Grounds for Your Criminal Appeal
Potential grounds for your appeal in your criminal case include legal error, juror misconduct and ineffective assistance of counsel. criminal defense legal errors may result from improperly admitted evidence, incorrect jury instructions, or lack of sufficient evidence to support a criminal guilty verdict. To grant the criminal appeal, the criminal appellate court must find that these errors affected the outcome of ypur criminal case. If the errors would not have changed the criminal verdict, they are considered harmless. you may also appeal a verdict if you believe that the jury conducted itself improperly during deliberations or the criminal trial. Jury misconduct includes the use of experiments, drug or alcohol abuse during deliberations or trial, and improper communications between jurors and witnesses or counsel. You may appeal your criminal verdict when you feel that they you were not provided with adequate criminal defense representation. To succeed in an ineffective assistance of counsel claim, your crimnal lawyer must prove that due to your lawyer actions, the outcome of the case would have been different.
Process of Criminal Appellate Review
If a criminal state court convicts you, the ruling is appealed to an intermediate-level state appellate court. If you are unsuccessful in the intermediate court, you may appeal their conviction to the state's highest court. That is waht a criminal appeals lawyer does for you. Each state has its own court naming system. Review of appeals in state's highest court is discretionary and is limited to only a small percentage of cases. If your criminal appeals lawyer frames the appeal in terms of a federal issue, you may pursue relief in the federal court system. if you have been convicted in a federal trial court you may appeal your case directly to the federal criminal appellate court. If unsuccessful, you may then seek review in the U.S. Supreme Court. Contact an expereinced criminal appeals lawyer.
What You need to Know About a Criminal Appeal
An appeal is not a retrial of the case. Rather, the appellate court reviews the record of the lower court's proceedings to determine if there are adequate grounds to grant the appeal. The record includes all pre-trial and post-trial motions, all evidence admitted to the court and a word-for-word transcript of the trial. In addition to analyzing the record, appellate courts also review written briefs submitted by each party. Appellate briefs frame the legal issues raised on appeal and set forth persuasive legal arguments to support their position. The court may also hear oral argument from counsel in order to clarify any points raised in the written briefs. If you feel you may have a chance at overturning the original criminal verdict contact aaa attorney referral for a Florida criminal Appeals lawyer.
Get a Miami Criminal defense lawyer.
Florida DUI and Administrative Suspension Laws need an experienced DUI Defense Lawyer. Crimianl Attorney Referral Service will connect you with a Florida DUI lawyer. Dui Defense in Fort Lauderdale, Hollywood, Pembroke Pines, Davie, Pompano beach, Coral Springs, Deerfield Beach and the Greater Fort Lauderdale area. Florida law is very specific regarding DUI laws. You Fort Lauderdale DUI lawyer will review your case and the laws to formulate the best plan of action for you.
DUI's In Florida requires an experienced DUI Defense by a DUI lawyer.
* Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions. A Criminal Attorney Referral Service lawyer will refer to the full test of the DUI laws to formulate your DUI defense.
DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S.
Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven.
Fine Schedule s. 316.193(2)(a)-(b), F.S.
First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
Fourth or Subsequent Conviction: Not less than $2,000.
Community Service – s. 316.193 (6)(a), F.S.
First Conviction: Mandatory 50 hours of community service or additional fine of $10 for each hour of community service required.
Probation – s. 316.193 (5)(6), F.S.
First conviction, total period of probation and incarceration may not exceed 1 year.
Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.
At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.
First Conviction: Not more than 6 months. With BAL of .15 or higher or minor in the vehicle: Not more than 9 months.
Second Conviction: Not more than 9 months. With BAL of .15 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.
Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.
Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.
Impoundment of Immobilization of Vehicle – s. 316.193 (6), F.S.
Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.
Conditions for Release of Persons Arrested for DUI-s. 316.193 (9), F.S.
The person is no longer under the influence and;
The person's normal faculties are no longer impaired
The person's blood/breath alcohol level is lower than 0.05; or
Eight hours have elapsed from the time the person was arrested.
DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.
Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).
DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.
Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).
Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.
Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.
DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).
Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).
Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).
Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.
A. First Conviction: Minimum 180 days revocation, maximum 1 year.
B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.
C. Third Conviction Within 10 Years of the second conviction: minimum 10 years revocation. May be eligable for a hardship reinstatement after two years.
D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.
E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.
F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.
Commercial Motor Vehicles (CMV) – Alcohol-Related Convictions/Disqualifications-s. 322.61, F.S.
Persons convicted of driving a commercial motor vehicle with a blood alcohol level of .04 or above: driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance or refusing to submit to a test to determine the alcohol concentration while driving a commercial motor vehicle, driving a commercial motor vehicle while under the influence of alcohol or controlled substance, or driving a commercial motor vehicle while in possession of a controlled substance shall be disqualified from operating a commercial motor vehicle for a period of 1 year. This is in addition to any provisions of s. 316.193 for DUI convictions.
Second or subsequent conviction of any of the above offenses arising out of separate incidents will result in a permanent disqualification from operating a commercial motor vehicle.
There are no provisions for persons disqualified from operating a commercial motor vehicle to obtain a hardship (business or employment) license to operate a commercial motor vehicle.
Business Purposes Only/Employment Purposes Only Reinstatements-s. 322.271, F.S. and s. 322.28, F.S.
First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .15.
Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, or for two years if BAL is greater than .20.
Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .15.
Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:
1. Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
2. Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
3. Has been alcohol and drug-free for at least 5 years prior to the hearing; and
4. Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
5. Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.
DUI School Requirements – s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.
First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.
Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction. See requirements in 13C and 13D respectively.
DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): See 13F
Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.
Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.
Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.
Chemical or Physical Test Provisions (Implied Consent Law)-s. 316.1932, F.S., s. 316.1933, F.S., s. 316.1934, F.S, s. 316.1939, F.S
Refusal: Refusal to submit to a breath, urine, or blood test is admissible as evidence in DUI criminal proceedings. Second or subsequent refusal is a misdemeanor of the first degree.
Driver License Suspension Periods: First refusal, suspended for 1 year. Second or subsequent refusals, suspended for 18 months.
Commercial Driver License Disqualification Periods: First refusal in a commercial motor vehicle, disqualified for 1 year. Second or subsequent refusals in a commercial motor vehicle, disqualified permanently. No hardship reinstatement permitted.
Forceful Withdrawal of Blood: If necessary, blood may be withdrawn in DUI cases involving serious bodily injury or death by authorized medical personnel with the use of reasonable force by the arresting officer, even if the driver refuses.
Unconscious: Any person who is incapable of refusal by reason of unconsciousness or other mental or physical condition shall be deemed not to have withdrawn his consent to such test. A blood test may be administered whether or not such person is told that his failure to submit to such a blood test will result in the suspension of his privilege to operate a motor vehicle.
Portable Alcohol Breath Testing Devices: Authorized by s.322.2616, F.S., for persons under the age of 21. Reading is admissible as evidence in any administrative hearing conducted under s. 322.2616, F.S.
Adjudication and Sentencing – s. 316.656, F.S., s. 322.2615 F.S.
Penalty to be Imposed by Court: Judges are prohibited from deviating from the administrative suspension/revocation periods mandated by statute. The courts are prohibited from withholding adjudication in DUI cases; or from reducing a DUI charge if the defendant's blood alcohol was .15 or greater.
Driving While License Suspended or Revoked- s. 322.34, F.S.
Any person whose driver license/privilege is suspended for Driving with an Unlawful Alcohol Level, or revoked for DUI, DUI Manslaughter or Vehicular Homicide, or for any other offense ordered by the court and who causes death or serious bodily injury to another person by operating a motor vehicle in a careless or negligent manner is guilty of a 3rd degree felony, punishable by both imprisonment of not more than 5 years, a fine not to exceed $5,000, or both.
Administrative Suspension of Persons Under the Age of 21 for Driving With an Alcohol Level .02 or Above
Section 322.2616, Florida Statutes, authorizes law enforcement officers having probable cause to believe that a motor vehicle is being driven by or is in the actual physical control of a person who is under the age of 21 while under the influence of alcoholic beverages or who has any alcohol level may lawfully detain this person and may request them to submit to a test to determine the alcohol level. This violation is neither a traffic infraction nor a criminal offense, nor does being detained under this statute constitute an arrest.
First Suspension for Persons Under the Age of 21 With An Alcohol Level .02 or above: 6 months.
Second or Subsequent Suspensions 1 year.
First Suspension for Refusal to Submit to Breath Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately. If the breath or blood alcohol level is .05 or higher the suspension shall remain in effect until completion of a substance abuse evaluation and course. The officer will issue the driver a temporary permit effective 12 hours after issuance which is valid for 10 days, provided the driver is otherwise eligible.
Administrative Suspension Law – s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.
First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.
Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.
First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.
Second or Subsequent Suspensions for Refusal: 18 months.
The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise eligible.
Administrative Disqualification Law
First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification
driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification
First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification
Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified.
Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: Permanently disqualification
The disqualification is effective immediately upon refusal of the breath, urine or blood test or determination that the driver has a blood alcohol level of .08 or above, while operating or in actual physical control of a commercial motor vehicle. The officer will issue the driver a temporary permit which is valid for 10 days from the date of arrest or disqualification, provided the driver is otherwise eligible. However, the permit does not authorize the operation of a commercial motor vehicle for the first 24 hours of disqualification.
Review Hearings For Administrative Suspensions And Disqualifications
Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.
Business or Employment Reinstatement:
1.Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.
2. Suspension – Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.
Hardship License Prohibited:
1. Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.
2. Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.
Criminal Attorney Referral Service has experienced Florida and Georgia DUI lawyers ready to help you.
The Florida DUI laws are offered as a resource guide. Your Dui defense lawyer will be using these laws as a guideline in an attempt to formulate an aggressive DUI Defense for you.
By Linda Trischitta, Sun Sentinel
6:17 p.m. EDT, November 4, 2011
Authorities identified the man who was shot in the arm by a Broward Sheriff's deputy during an undercover drug sting at a fast-food restaurant late Thursday, the agency said.
Justin Wade Tellis, 27, of Hollywood, was charged by the Broward Sheriff's Office with delivery of cocaine and attempted murder of a law enforcement officer, authorities said Friday.
According to two complaint affidavits written by Broward Sheriff's deputies, Tellis was paid $200 for two bags of crack cocaine that were sold to someone in his car shortly before 8 p.m. in the rear parking lot of a Taco Bell restaurant, at 357 W. Atlantic Blvd.
Video: House arrest for two cops accused of stealing, making bogus arrests
When uniformed deputies approached the car on foot to arrest Tellis, he drove at them at a high rate of speed, investigators said.
A deputy feared for his safety and fired five shots toward Tellis, an affidavit states. One bullet struck Tellis' left arm and he was taken to an area hospital for treatment, the Sheriff's Office said.
The agency said the name of the deputy who fired his weapon will be released next week, after he provides statements to Broward sheriff's investigators.
The deputy is on three days' administrative leave, which Broward Sheriff's spokesman Jim Leljedal said is "standard procedure after a traumatic incident."
Ltrischitta@Tribune.com, 954-356-4233 or on Twitter@LindaTrischitta