Legal Question in Criminal Law in Florida
First Offense DUI and Nonmoving traffic violation
My boyfriend was arrested last night for a DUI. I spoke with the arresting officer who said I would be able to bail him out after 8 hours and $500. However, when I called the Jail this morning they said besides the DUI charge, he also was charged with a nonmoving traffic violation under florida statute 322.03(1)(B) and because of this charge there's no bond. This does not make sense to me. Why would bond be denied for a nonmoving violation. His bond amount for the DUI is $500. He has never been in trouble before and has no criminal record. Is this some sort of mistake???
3 Answers from Attorneys
Re: First Offense DUI and Nonmoving traffic violation
He shouldn't be held no bond for those charges, there must be some other charge.
Re: First Offense DUI and Nonmoving traffic violation
There is no bond for traffic infractions meaning not that he will be held no bond on the infraction, but that there is actually no bond to pay. In other words, once you post the bond for the DUI your boyfriend will be released from jail. Good luck!
Re: First Offense DUI and Nonmoving traffic violation
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such nformation, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
It does not make any sense that the State would hold your boyfriend for an alleged violation of 322.03 (1)(b) which states: "b) A person who does not drive a commercial motor vehicle is not required to surrender a license issued by another jurisdiction, upon a showing to the department that such license is necessary because of employment or part-time residence. Any person who retains a driver's license because of employment or part-time residence shall, upon qualifying for a license in this state, be issued a driver's license which shall be valid within this state only. All surrendered licenses may be returned by the department to the issuing jurisdiction together with information that the licensee is now licensed in a new jurisdiction or may be destroyed by the department, which shall notify the issuing jurisdiction of such destruction. A person may not have more than one valid Florida driver's license at any time.
There appears to be more to this than you may know. Perhaps there is an outstanding violation in some other jurisdiction. If he has not been released by the time you read this, you should consult an attorney who can review the facts and let you know what is happening.
Scott R. Jay, Esq.
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