Legal Question in DUI Law in Florida

Re: 1st time offense

It depends on whether you submitted to a breath test or not and what the result was. Generally speaking, your looking at an Adjudication of Guilt, a pretty large Fine and Court Costs, 12 months probation, DUI School and an Alcohol Evaluation and any follow-up treatment that may be recommended, a Victim Impact Panel, 50 hours of Community Service, a six month DL suspension, and a ten day impound of your vehicle. If you blew over a .15, you would also have an increased Fine as well as a mandatory condition that you install an Ignition Interlock Device on your vehicle for at least six months.

I have a good friend in the Jax area that could probably help you receive the best possible sentence on your case. If you are interested in the referral, please contact my law office and I will set it up for you.

My best,

Aaron J. Slavin, Esq.

Re: 1st time offense

Hello:

Your question does not specifically state what charge you are seeking the outcome of, but Law Guru lists your question under DUI. If it is a DUI, I can explain the procedures and the possible outcomes. I have handled numerous DUI cases first as an Assistant State Atty. and for numerous years as a Defense Atty.

Your age and the prior unrelated offense will not matter.

The first court appearance is to enter a plea (usually in DUI's --NOT GUILTY) and ask the Court to pass the case for us to investigate everything. We get all the reports from the arresting officer and a video if they made one. The Court will pass the case for a few times before setting it for a trial date.

I advise clients NEVER to enter a plea of guilty until he/she or the atty. gets all the evidence from the State.

If you refused to give a breath test, you have TEN days to get a review of the license suspension at the Dept. of Highway Safety & Motor Vehicles. This is a separate matter from the actual court case.

After getting the evidence from the State and reviewing it, we determine if there is a legitimate Motion we can file (perhaps due to an illegal traffic stop) to keep evidence out. We also ask the State if they will reduce the charge to Reckless driving and we'll plead to that. They know we want that and usually won't agree to that until we badger them for a month or so. Or they won't reduce the charge if they have a good case.

If we cannot get the charge reduced to Reckless driving, you have to decide whether you want to go to a jury trial or enter a plea. An atty. can give you an opinion on what your chances of winning at trial may be.

If you want to enter a plea, the Court MUST give you the minimum statutory sentence. This includes:

Probation (for about 6 mos.) with the special conditions that you:

-----perform 50 hours of comm. service

-----attend DUI school(w/ alcohol screening)

-----6 mos. license suspension (unless you refused breath test--12 mos.)

-----attend "victim impact panel

-----pay $250.00 fine + costs (about $300)

-----10 day auto impoundment

FYI---if you have a DUI conviction, your car ins. for the 1st 6 mos., or longer, will be very expensive.

So, it's a serious matter. That's why I tell people never to plead without looking at the case against you.

'Hope this helped. If my office can be of any assistance to you in No. Fla., please give us a call. Tom Rosenblum