If you’ve been arrested for driving under the influence (DUI) or driving while intoxicated (DWI), you probably have a lot of questions for your Palm Coast, Florida criminal defense lawyers about the laws regarding DUI.
Knowing your rights can help you mitigate the life-changing consequences of a DUI or DWI conviction. Your lawyer can help.
DUI checkpoints aren’t legal in every state, but they are in Florida. Residents and visitors alike should be aware of their rights when encountering a DUI checkpoint.
Knowing how you’re obligated to comply and what rights you have or to refuse can help you minimize the legal consequences that can come out of a DUI checkpoint.
It is extremely unsafe to drive when under the influence of alcohol. You might be fined, have your license revoked, or even go to jail if you’re detected driving over the legal limit. Of course, none of these repercussions compare to the shame and regret you’ll feel if you cause someone harm or death as a result of driving drunk.
DUI defense in Daytona Beach isn’t just about the level of alcohol in your blood. Even if you’re under the legal limit, you may be convicted of a DUI in Florida if it can be proven that your faculties are impaired. That’s why it’s best to avoid alcohol altogether when you plan to drive.
Planning on going out for the evening? Here are some tips to keep yourself and others around you safe.
When you’re facing criminal charges in Daytona Beach, you have an important choice to make – selecting a criminal defense attorney. How do you pick the right attorney when there are so many Daytona Beach criminal lawyers to choose from?
The right attorney can make or break your outcome. Not only that, but charges, fines, and incarceration hang in the balance.
Picking the right attorney is easier when you know what to look for. Here are five questions you should be asking a criminal defense attorney in Daytona Beach before you choose them to represent you in court.
Driving with a suspended license in Florida is a criminal offense, and many individuals do not realize the seriousness of the consequences that these charges can include. Too often, individuals without the representation of Daytona Beach criminal lawyers plead guilty to these charges without being aware of the ramifications inflicted upon their driving privileges. Whether your license is currently suspended, or you’d like to know more about what happens to drivers that are charged with driving with a suspended license, we answer the question of whether or not you can drive with a suspended license in Florida.
Penalties for Driving with a Suspended License in Florida
Under Florida Statute 322.34, there are penalties for driving with a suspended license that increase in severity with each additional offense.
Criminal charges often put individuals in uncomfortable situations. They can be confusing, scary, and frustrating to take on alone. This is partly why it is so important to reach out to criminal lawyers in Daytona Beach, FL as soon as you are charged. Having the legal support of an experienced attorney can make all the difference in the process and outcome of your case. In order to achieve the best possible outcome in court, consider asking these 4 questions before hiring a criminal defense attorney in Daytona Beach.
Do You Offer a Free Initial Consultation?
The best way to help a lawyer understand the facts of your case is to arrange a proper face-to-face meeting. It is difficult to find adequate legal counsel or an accurate quote in a short phone conversation. Plus, the initial consultation is the best way to get a feel for the lawyer and understand how they will be working with you over the course of your case. We recommend finding a Volusia County criminal defense attorney who offers this service for free, such as Genine Mejia.
One of the most common criminal offenses that drivers are charged with is driving under the influence. Even individuals with a clean record can suddenly see their lives take a stressful turn after a DUI arrest. Being convicted of driving under the influence in Florida can have long-lasting ramifications – some of which can linger for years to come. Below, we go into greater detail about some of the long-term consequences that DUI offenders may face to help you understand the importance of hiring DUI attorneys in Daytona Beach for your defense.
Background Checks
Some employers conduct criminal background checks for offenses such as driving under the influence before hiring job applicants for work. DUI convictions will show up permanently on a background check, which could stop an individual’s efforts to be hired by certain companies. Furthermore, other organizations also rely on background checks before making important decisions, such as financial institutions, college admissions, and housing applications. Because of this, a DUI conviction may even hamper an individual’s chances of finding a place to live.
After being convicted for driving under the influence in Florida, the state will remove your driving privileges. Without access to this means of transportation, you are sure to find it much more inconvenient to go from place to place, whether for work or personal needs. As such, after a DUI conviction, you’ll want to get your license back as soon as possible. To learn what happens to your license after a DUI conviction, continue reading below.
Florida Hardship License
For first time offenders, the state will revoke your license for between 180 days to a full year. Furthermore, if the court determines that your offense included a charge of serious harm, then your suspension could last as long as three years. In order to qualify for a hardship license in Florida, applicants must complete DUI school or a substance treatment program within 90 days of reinstatement. Failure in completing these courses on time may result in a cancellation of your license.
A probationary violation occurs when a defendant willfully and substantially violates the terms of their probationary sentence. Unfortunately, the specific conditions laid out by a probationary sentence can be violated by one’s everyday lifestyle unless they take the careful steps to accommodate their probation. Below, we go into greater detail about 6 common ways that Florida defendants violate their probation, whether intentionally or accidentally.
Missing Appointments with a Probation Officer
Regular check-ins with a probation officer are a necessity. It is their job to monitor offenders and prevent further criminal activity. As such, everything that they take note of is reported to the court. If you miss an appointment with a probation officer – even if they change the meeting time – then this may be grounds to send you back to jail. Make sure that each meeting time is marked clearly on a calendar or other reminder system.
In some instances, people can be charged with violent crimes against other individuals even if they only intend to destroy property. The State must nonetheless prove each element of the charged offense, though; otherwise, a defendant should not be convicted, and any conviction based on insufficient evidence should not be upheld. Recently, a Florida court issued an opinion explaining the evidence needed to establish guilt for assault and criminal mischief in a case in which the defendant was charged with multiple crimes after attacking a postal vehicle. If you are accused of assault or any other violent crime, it is advisable to meet with a trusted Florida criminal defense attorney regarding your rights.
The Alleged Attack
It is reported that the victim was sitting in the driver’s seat of a postal truck when the defendant suddenly struck the truck with a two by four plank. The victim was sorting mail at the time of the initial impact and heard a loud crash. He then looked up and saw the defendant striking the truck a second time with the plank. The victim began to drive the truck away, at which point the defendant hit the truck with the plank again. When the victim reached a safe distance, he called 911. The defendant was ultimately detained and charged with first-degree misdemeanor criminal mischief, aggravated assault, and other offenses. He moved for acquittal on the charges of assault and criminal mischief, but his motion was denied, and he was convicted. He then appealed.
Evidence Needed to Convict a Defendant for Aggravated Assault and Criminal Mischief
On appeal, the court affirmed the defendant’s conviction for aggravated assault. The court was not persuaded by the defendant’s argument that the State failed to prove that he committed an act that was significantly likely to place the victim in fear of imminent violence. Instead, the court found that when viewing the evidence in a light most favorable to the State, it sufficiently demonstrated that the defendant knew that the victim was in the truck. Specifically, he hit the truck three times near the driver’s side door, and the third hit occurred after the truck had moved forward. Continue reading ›
Daytona Beach Criminal Lawyer Blog
