Tag: Jacksonville Florida



Reader’s Question:

How serious is it to be charged for DUI here in Jacksonville? I mean, do I need a lawyer for me to defend me in case I am charged with DUI?

Krystal

Jacksonville, FL

You will be in serious trouble should you be charged for driving under the influence or DUI in Jacksonville, Florida. Traffic laws are in place and the authorities as well as the Florida Department of Highway Security and Motor Vehicles (FDHSMV) have stringent implementation of the DUI laws.

In case you would be found guilty of DUI in Jacksonville, you will pay a fine of $250-$500 or be imprisoned for five to 30 years, depending on the seriousness of the offense and the damage that you may have done to other parties and/or properties. Other forms of punishment include suspension or revocation of your driver’s license, permanent criminal record, immobilization of your vehicle, community service and higher auto insurance payment.

If you get arrested for DUI, you need to get in touch with a DUI attorney the soonest time possible and ask for legal advice. You can make a special plea within 10 days so that your driver’s license will not be revoked for an indefinite period. It is really important that you have a representation of a DUI attorney who is an expert in the field of DUI. If you don’t know anyone who can help you find a DUI attorney, you can resort to the Internet. There are different directories of DUI lawyers that can be found online. You can easily find them since they are grouped according to city.






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:

My brother was charged with felony DUI here in Jacksonville, Florida and we were just wondering if there’s a way the charge can be reduced. How can his felony DUI be dropped to a misdemeanor?

Hayleigh

Jacksonville, FL

If your brother has a prior DUI, it is common for him to be automatically charged with a felony DUI. A felony DUI case is a serious business because it usually carries jail time if it won’t be dropped to a misdemeanor. The first thing your brother needs to do if he wants his felony DUI in Jacksonville, Florida to be dropped to a misdemeanor case is to call a lawyer who specializes in DUI cases in the state of Florida. Even if he doesn’t hire a lawyer, he can ask if it would be possible to get his charge dropped to a misdemeanor charge. He can try to get a clue from the lawyer how he would approach that effort in the jurisdiction of your charge.

Your brother can also talk with the prosecutor and ask if the DUI case could be reduced to a misdemeanor count. He could find a sympathetic prosecutor who would listen to what he has to say and reduce the charge instantly without having to do anything else. Also, remember that a felony or misdemeanor DUI may cause his car insurance to increase substantially so advise him that he can get a cheap but dependable car insurance from this website so should get an online rate quote now.






Reader’s Question:

I am moving to Jacksonville, Florida and I was previously charged with DUI. Would it also reflect in my records here in Florida?

Timmy

Jacksonville, FL

If you are asking if your previous conviction would affect your driving career in Jacksonville, Florida, then the answer is yes. It has an enormous impact not only on your driver’s license but also in getting insurance premiums and rates. Laws pertaining to DWI and DUI in the United States determine your driving privilege within the state. Moving to a different state after a DUI/DWI arrest or conviction to avoid penalties is really not a good idea. There are certainly some factors that you need to consider. We have what we call Interstate driver’s license compact. This is an agreement that allows all 45 states in the US to share information about certain types of conviction such as DUI and DWI. Florida is one of the states which enforces this compact and is included on this agreement. In short, if you are convicted with DUI in Texas and got your license suspended, your license is suspended as well within all 44 states. One more agreement to consider is the Non resident violator compact. In this agreement, unpaid fines and penalties for traffic rules violation in another state can have your license revoked and or suspended in the state where you are driving.

I also understand that driving privilege is really important. I suggest you get a good lawyer that has better understanding on your state laws about DUI and DWI. Above all, a good car insurance package for people who had previous DUI/DWI record maybe of some help.






Reader’s Question:

I am so curious as to how they draw blood in a DUI investigation in Jacksonville, Florida. Does the blood have to come from the arteries or veins?

Elsa

Jacksonville, FL

The blood samples from people accused of DUI in Jacksonville, Florida are commonly withdrawn from the vein rather than from the artery. But the blood alcohol content (BAC) of blood taken from the veins could be quite different from the BAC of blood taken from the arteries in a subject at a given time. It is also the blood in the arteries that carry alcohol into the brain, resulting in intoxication; thus, analysis of blood samples taken from the veins can be misleading.

As a matter of fact, researchers have concluded that using a single blood sample taken from the veins to determine an earlier BAC produces a result that is equivalent to a wild guess. In a related article published in 1984, a lot of scientists have measured comparative BAC levels in the breath, venous blood and arterial blood of people who had consumed known quantities of alcohol. The scientists noticed that BAC of blood taken from the artery was higher than that of blood taken from the vein during the absorptive phase that is, while the alcohol was being absorbed by the body. Arguably, the blood samples taken from the veins had higher BAC levels than the blood samples taken from the arteries during the elimination phase of the blood-alcohol curve. Therefore, the blood sample take from the vein during the elimination phase would be analyzed as having a higher BAC than is in fact being carried to the brain.






Reader’s Question:

My cousin was charged with DUI here in Jacksonville, Florida and he worries too much about the money he’d likely have to spend at the course of his trial. How much does bail usually amounts to and how much would be the court costs and probation?

Eden

Jacksonville, FL

The cost of DUI varies greatly and it would not be the same for everyone, but honestly, it would cost a lot if someone would be convicted for DUI. The bail amount on your cousin’s DUI charge in Jacksonville, Florida would also greatly vary, depending on several factors. A handful of very lucky people get personal recognizance bonds, which cost nothing but the promise to appear in court. But most individuals should pay between $50 and $500 to be released. The court costs would be between $160 and $300 and that excludes any subpoena fees. Also, if a videotape was used, there would be $15 more that is assessed.

Probation fees would depend upon the length of probation. $25-$40 per month would be the statutory range for such fees, so if the probation would be for two years, it could cost as much as $960. The maximum monthly fee for probation is $60 per month so that means if the probation is for two years, the total cost would be $1,440. Regular conditions of probation also include the completion of a DUI education program and this usually costs $50-$125.






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:

Finding a good defense attorney seems to be so difficult after I have been charged with DUI here in Jacksonville, Florida. Could you please tell me how do I find a good DUI attorney?

Lisa

Jacksonville, FL

I understand that it can be difficult to find and retain a good DUI attorney in Jacksonville, Florida, especially if many attorneys are not experienced and fully capable of handling DUI cases. You have to make sure that you make the right inquiries so that it could help in finding the best DUI attorney. The very first thing that you would have to do is to make sure that the fees are thoroughly explained and in writing and find out if it already includes the administrative hearings held by the DMV. You also have to know if the fees include cost of expert witnesses and other requirements for the trial.

Then you would also have to make sure that the attorney is a DUI specialist which means that the attorney exclusively focuses on DUI defense. Find out also if the attorney has any record of complaints from the State Bar and if the attorney is Board-certified by the National College for DUI Defense. You might also want to ask if the attorney would have the blood samples reanalyzed by a lab. For this matter, the DUI attorney can call technical expert witnesses in police procedures and blood/breath analysis.






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.