Legal Question in Traffic Law in Florida

house arrest

In May I refused to take a breathorlizer test this case is still pending and has still not gone to trial. In November I was driving on my restricted license past business hours with no alcohol involved. I was arrested for driving past business hours and making illegal U turn. This is now going to go to trial. I am being told that the district attorney is going for 29 days in jail! What can be other options? I was also told perhaps I could get house arrest? What is house arrest? I am a single parent and need to prepare for this. Before any of this I had one ticket in 10 years for a traffic control and that is all.


Asked on 2/10/03, 3:33 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: house arrest

The 29 day sentence is a tricky prosecutorial move that disgusts me. By not doing a complete month some jails will not give you any gain time. If you are sentenced to 30 you would receive the gain time and actually do less time.

The other option is to plea to the bench (judge) not taking the state's offer. You may do better or worse or the same. I cannot say more.

House arrest is where you are required to remain in you home unless at work. It is usually offered at twice the rate of jail (60days here) and there is no gain time.

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Answered on 2/11/03, 12:19 pm


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