Reader’s Question:

Do I need to have a lawyer when charged with DUI here in Jacksonville, Florida or can I just go through this by myself, or maybe I can just plead guilty? Your input will be much appreciated; thanks so much in advance.

Carla
Jacksonville, FL

Consulting with an experience DUI lawyer in Jacksonville, Florida could help you be educated on the DUI laws and help you secure a favorable outcome on your DUI case. DUI is actually one of the most common criminal offenses that people hire a lawyer for defense. If you come to think of it, it would seem that every year, there would be new harsher DUI laws and the penalties are getting more serious. There is an ample amount of DUI cases in Florida and there have been several legal challenges. Each DUI case is different and should be evaluated on its own merits because the case law and statutes are constantly changing and there are several new areas to challenge and fight all the time.

And please, don’t plead guilty if your case hasn’t been reviewed by an experienced DUI lawyer. A good DUI lawyer could help you determine what defenses you have on your motor vehicle driver’s license suspension or the defenses to your DUI case. You can demand for a trial by jury on your DUI case and you can also request a hearing at the Florida Department of Highway Safety and Motor Vehicles (DHSMV). The DUI lawyer that you would hire should represent you in both the criminal courts and at the DHSMV.

Tags: DUI, DUI lawyer, DUI penalties

Reader’s Question:

I still wanna be able to drive after my DUI charge here in Jacksonville, Florida. How can I have a temporary license while suspended and when does a person disqualified from getting a temporary license?

Marina

Jacksonville, FL

If you wanna restore your driving privileges after your DUI charge in Jacksonville, Florida, you should apply for a hardship license. If your driver’s license was suspended because your blood alcohol content was at .08% or above or you refused to take the chemical test, you must show a proof of enrolment in DUI School and you should apply for an administrative hearing for possible hardship reinstatement. If you had an unlawful BAC, you should serve 30 days without driver’s license or permit prior to eligibility for hardship reinstatement. If you refused the chemical test for the first time, you must serve 90 days without driver’s license or permit prior to eligibility for hardship reinstatement.

A person is disqualified or prohibited for a hardship license upon second or subsequent license suspension for test refusal or if driver has been convicted for DUI two or more times. Anyone who is disqualified from operating a commercial motor vehicle could not obtain a hardship license to operate a commercial motor vehicle.

Tags: driver’s license, DUI, DUI lawyer, DUI school

Reader’s Question:

What are the grounds for a DWI arrest in Jacksonville, Florida and how can this be challenged?

Cynthia

Jacksonville, FL

If your Blood Alcohol Content (BAC) Level is found above 0.08 after various roadside tests or tests done at the police station, then you will be arrested. Driving While Intoxicated (DWI) in Austin is not an easy job for the patrolling police. They were trained for doing their job so they usually have enough proof for stopping a DWI suspect. They are given a set of guidelines required for them to follow. Before a DWI suspect is asked to pull over, someone may have given them a tip or the subject is under observation for at least half an hour. This is when things become real complicated. The driver’s license may be suspended immediately if the DWI suspect refused to undergo chemical testing.

As for challenging the arresting officers’ DWI charges, a competent DWI Jacksonville, Florida attorney can be of big help to you. For example, the police cannot follow you home secretly without informing you. You can tell this to your attorney if in case this happened and he will deal with it. Also, the chemical tests are always accurate and the DWI attorney is aware of all aspects of it to question the court during hearing.

Were you informed of your rights as a citizen when the arrest was happened? Were the tests done in accordance with the Standardized NHTSA guidelines and were the conditions proper? Were your physical disability (if any), age, psychological conditions, weight given due consideration while performing the DWI tests?

Tags: advice, drunk driving laws, DWI lawyer

Reader’s Question:

Do I have great winning chance if I represent myself against my DWI charges in Jacksonville FL?

Matthew

Jacksonville, FL

Thanks Matthew. Generally speaking, it is not a good idea to try to represent yourself against any criminal charges including a DWI arrest.

Drunk driving may seem like a relatively minor offense in Jacksonville, but it is in fact one of the more complicated and heavy criminal charges for prosecutors to bring. It is not as simple as getting a traffic citation as it involves major consequences both to your career and personal life including your family.

It is still always best to consult a DWI attorney in Jacksonville who is expert in drunk driving cases. There are many technical defenses that a DWI attorney may be able to raise that you may overlook, to assist you either in avoiding conviction, negotiating a lesser charge, getting a good deal or arrangement and even in reducing the consequences of your conviction.

These expert DWI attorneys are also likely to know what the judge, who is handling your case, is likely to do if you plead guilty, or if you are convicted after a trial. It is even more important to consult a lawyer if you have a prior impaired driving conviction, as most jurisdictions impose much more serious penalties on repeat or second offenders than on first time drunk drivers.

Reader’s Question:

I submitted to the Intoxilyzer after being arrested for DWI. Did I make a mistake? Please also note that this is my first DWI case in Jacksonville. Will I be condemned to an active prison time?

Erika

Jacksonville, FL

To answer your first question Erika, in most cases, no you did not make a mistake. However, there is no unconditional regulation as to whether it is better for one’s argument to surrender a breath sample or not, however in spite of the conditions, a negative response will have an outcome in a one-year suspension of your Florida Driver’s License. Moreover, the analysis on the Intoxilyzer is not automatically ascertain of your guilt; herein, saying no to the submission of a breath test could without cause revoke somebody who has one more issue available to his or her innocence.Erika this time to answer your succeeding question, the answer will be a big yes. However, not including the occurrence of disgustingly infuriating factors, most people who were charged of a first-time DWI in Jacksonville FL are sentenced to a provisional probationary period of time. It should be noted, nevertheless, that the state law offers prosecutors the good judgment to sentence anyone convicted of DWI to active jail time. Moreover, if definite aspects are at hand and established by the State, one may be convicted to a period of obligatory jail time, and even a first time wrongdoer may be disallowed from having a restricted driving opportunity.

READER QUESTION:

What is an AV rated Jacksonville DUI attorney, and what is the benefit of using one?

Mark

Hey, Mark:

The AV rating system is a great way to gauge the expertise of the lawyers you are looking at. It is a system for lawyers, by lawyers, of lawyers, etc., etc. It’s basically a peer review system, the lawyer way of leaving a positive note on your Facebook wall. Okay, a little more complex than that, but you’re basically, when looking at an AV rated Jacksonville DUI attorney, seeing the opinion from the experts in the field, which has a lot more value than just the average recommendation.

An AV rating for an AV rated Jacksonville DUI attorney measures a couple of things. You’re going to get a high AV rating if you have a good deal of experience and expertise in your field, if your well esteemed amongst your peers, and if you have a stellar track record.

READER QUESTION:

What do I need to know when hiring a Jacksonville DUI attorney?

Tonya

Good question, Tanya.

You know, even if you go into your consultation armed with correct information, knowing the right questions is still one of the most important things in the process of hiring a Jacksonville DUI attorney. Here are a couple of suggestions. Bring a notepad!

• Ask the lawyer for the number of drunk driving cases s/he has taken to court.
• Are you a scholar in DUI law (i.e. are you published?)?
• Has someone in your firm been experienced in showing police how to perform FSTs (field sobriety tests)?
• How much of your time do you spend on defending DUI cases?
• Do you regularly attend or conduct seminars on drunk driving case law and defense?
• Do you or any of your employees have any experience in prosecution of DUI cases?

This is just a short list, which should be taken along with ratings, references, and other factors, but it will give you a good look into whether hiring a Jacksonville DUI attorney from this particular law firm is a good idea for you.

–Fashun

READER QUESTION:

Can i find a jacksonville dui lawyer online?

craig

Well, Craig:

Many prominent lawyers, from drunk driving law to divorce law to immigration law, have their own websites where they post pricing information, contacts, references, and so on. These sites are often excellent sources of information on DUI law and can provide insight into the lawyer in question, so you can, technically, find a Jacksonville DUI laywer online.

However, when dealing with an online Jacksonville DUI lawyer, you have to act like your walking on ice. The internet is a place where truth is shifty, and this is no different when dealing with legal representatives. Some lawyers who claim on their websites to specialize in DUI law really have no experience in the area, and may offer their “advice” for extremely low prices. While low prices don’t always mean low quality, they should send up a red flag or two.

Even if you take a lawyer’s website into account, the best way to choose your lawyer is to actually meet them in person and speak with them.

–Fashun

When you go see a Miami FL DWI lawyer, it’s important to know what evidence there is against you when it comes to your DUI. There are a few categories that this evidence falls into, and here is a list.

• Physical symptoms.

There are a few things about your physical actions and appearance which could give away intoxication, such as slurring your speech, reddenned or bloodshot eyes, and the like.

• Driving evidence.

Normally, cops will pull you over because something about your driving gives away intoxication. This could include things such as weaving in and out of your lane, driving with your headlights off, stopping and going constantly, and so on.

• What you say.

Sometimes, you just give yourself away with your words. You may say that you had a six pack of Bud Light (only!), which may seem like nothing in your drunken state but is a big hit against you.

• BAC.

Your blood alcohol level can be taken a couple of ways. Sometimes through a breath test and other times in other ways, but it’s level can determine the proof and severity of your charges. Your Miami FL DWI lawyer needs to know the results of all of this.

Did you know what the Jacksonville DUI attorney price could be? Not just the price of the attorney, but the price for the entire process and the dollars that it will cost you over the years. There are so many ways that these big dollars will come at you, but here’s a short list:

• the Jacksonville DUI attorney price. This is how much it will cost you to hire an attorney. Some attorney’s will charge you a flat rate for all of their services, and usually they separate it into two sections of preparation and defense. Other lawyers charge by the hour.
• all of the fees and fines you will have to pay because of your DUI. This includes the fine that you will be hit with, which is usually from $500 to a few thousand dollars, as well as how much it will cost for you to reinstate your driver’s license. You may have to pay a certain amount to the DMV for several years.
• bail. If you get thrown in jail as a result of DUI, you have to pay this to get out.
• insurance. After a DUI, you have to file high risk SR22 insurance, which is almost twice as expensive as regular insurance, and you have to do this for three years. Your DUI will affect your insurance premium for five years.

In the end, this cost can come up to as much as $20,000.