Legal Question in DUI Law in Florida

My son has been in the Stockade in West Palm Beach since the 12th December. He has 2 DUI's and was put on a Scram Bracelet. According to the Prosecutor he violated the bracelet and tested positive for this. We have been to court 5 times this week to get him released and today the judge refused to release him. Could someone tell me what the mandatory time is for jail time? I also thought that a person was innocent here until proven guilty. There is no trial date yet, just another court date on the 21st January. I do have an attorney who tried very hard this week, and is really upset with this judge. He could have refused to release him on Monday, it didn't need to take 5 court visits for this.


Asked on 1/11/10, 5:38 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

If this is a 2nd DUI within 5 years, then the mandatory jail time is 10 days jail up to 9 months jail, or 12 months if it was a high blow or an accident. If outside of 5 years then there is no "mandatory" jail, but it is discretionary with the county court judge up to the maximum. Further, if the court found that he violated his ROR or his bond, he can be held until your son resolves the case.

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Answered on 1/16/10, 6:46 pm
Leland Garvin Garvin Law Firm

You are correct, an accused is always presumed innocent until proven guilty, however, sometimes it doesn't seem that way.

The other lawyer is correct in pointing out the minimum and maximum jail times, so I will not address that issue.

Are both of the DUI's now pending, or is one a prior?

I handle cases in Palm Beach County and would be happy to discuss this case further with you. Feel free to give me a ring and we can go over his options.

take care,

-Leland

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Answered on 1/17/10, 3:08 pm


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