Tag: Dui Case



Reader’s Question:

My cousin was arrested for DUI last month in Jacksonville, Florida. What are the possible penalties she must face since this was her first time?

Tanya

Jacksonville, FL

Driving under the influence of alcohol is considered a criminal offense regardless which county your cousin may have committed it. There had been stringent road laws all around the United States, in which driving under the influence can lead to harsh punishment and higher penalty amount. Of course it depends on the severity and nature of the offense.

Jacksonville, Florida had one of the highest numbers of DUI arrests. State police as well as the MVA are trying to minimize DUI related cases by imposing harsher penalties and higher fines. First offenders may pay a fine of $250-$500 whereas second time offenders pays $500-$1000. Third offenders face a larger amount of penalty and jail time. For notorious or repeated offense, which actually depends on the seriousness of the offense, may lead the offender from a minimum of 6 months jail time up to a maximum of 30 years especially for drivers involved in vehicular accidents due to DUI.

Indeed, driving is actually not a privilege. It’s a big responsibility especially that you and your cousin live in a city where a large number of DUI cases had been recorded. The law had imposed harsher regulations just to minimize effect. I would suggest that, once your cousin is cleared out from this DUI case, start checking for low priced auto insurance that would keep you covered from road accidents.






Reader’s Question:

My best friend got arrested for DUI in Jacksonville, Florida and temporarily released after paying the bail amount. What procedures take place on arraignments?

Patty

Jacksonville, FL

The first phase of courtroom proceedings is the arraignment. The arraignment in DUI cases represents the first and last time that the offender presents himself in court. DUI offenders usually plead guilty most especially if intoxication evidences are strong and there’s a minimal chance of plea bargain exists.

During an arraignment, the offender is summoned before the criminal court judge, who then reads the criminal charges against the person (who is now pertained to as “defendant”). The offender is asked if he has an attorney to defend his side, or if the court needs to provide a lawyer for the defendant. In his process, the offender is also being asked how does he/she pleads to the charges (which can be guilty, not guilty or no contest). A revisit for the bail may also be reviewed during arraignments. During this period as well that announcement for future proceedings in the case are finalized (these are preliminary hearings, pre-trial motions and the trial itself).

Being involved in a DUI case especially here in Jacksonville Florida is not an easy situation. The service of a DUI lawyer would be a great assistance for you. It has always been a great dilemma for driver’s being caught in such sticky situation. I also recommend getting a reliable and affordable auto insurance that would not let you go even in cases like these.






Reader’s Question:

If a person is charged with DUI in Jacksonville, Florida, is it gonna be automatic that the person will be sent to jail? What other instances that a person can be convicted for DUI?

Mina

Jacksonville, FL

Only under certain circumstances in DUI cases that a person is in danger of being sent to prison. For example, refusing to submit or give a sample of breath or blood could get a driver a jail term. But in any case, the driver should hire the services of a good DUI lawyer in Jacksonville, Florida because the DUI lawyer could point out the faults in the blood alcohol testing procedures and could protect you or at least reduce your punishment.

There are also other instances under which a person could be convicted for DUI. If a person is involved in a DUI case while driving at high speeds or could have been involved in an accident which involves children, the consequences would take that into account. Also, having a high blood alcohol reading would put a person in much greater risk of having a DUI conviction most especially if the prosecution can prove that the person’s ability to drive has been impaired because of the alcohol consumed or because of other substance. Whatever the case may be, it would be imperative that the driver act fast and hire the services of a good DUI lawyer.






Reader’s Question:

I know that there can be a lot of challenges against a DUI arrest that my son could use on his DUI case in Jacksonville, Florida. What can be done if there was no reason or basis enough for the officer to stop a vehicle in a DUI arrest?

Georgina

Jacksonville, FL

Most DUI cases have won by challenging the reason for the vehicle being stopped. The police officer who asked someone to pull over should put forth some explanation to justify why the vehicle was stopped. This explanation should include the fact that the person committed a traffic violation which simply means that the officer should prove that the stop was lawful.

In your son’s DUI case in Jacksonville, Florida, if the police officer could not demonstrate that a traffic infraction was committed by your son, the DUI defense lawyer should file a motion to suppress. If there was no reason or basis enough for the police officer to stop your son’s vehicle, then there is also no basis for the DUI arrest. Therefore, the stop was illegal because the officer didn’t have any lawful reason to justify the DUI stop. If the judge agrees, then there would be a big chance that the entire DUI case would be dismissed.