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May 2016 Archives

What are the legal effects of an expungement?

We all make mistakes and no one is without faults. We know this to be true and yet the justice system seeks to penalize those who are caught making a mistake in order to teach a lesson and minimize future mistakes. But sometimes, part of the challenge of learning a lesson is that it doesn't end there and you aren't given a clean slate to begin again. Having a criminal conviction or even an arrest on your record can be extremely detrimental to your future, and if you think about it, it is easier to do what's right when things are going well than it is when it feels like the world is out to get you.

Without reasonable suspicion, how can a DUI checkpoint be legal?

Law enforcement agencies throughout Florida use many different tactics to enforce DUI law. On holidays and throughout the year, routine patrols, saturation patrols (commonly called Wolf Pack operations) and DUI checkpoints frequently focus on drunk driving enforcement.

Do Mandatory DUI Tests Violate Your Rights?

Seventy minutes may have significant implications for drunk driving cases throughout Florida. In that span of time, the Supreme Court heard arguments about challenges to DUI laws involving the requirement of drivers submitting to alcohol testing without a warrant and before an arrest.

Can I refuse a breath test if stopped for suspicion of DUI?

A breath test is a test administered to determine the blood-alcohol content level of someone suspected of driving under the influence. If the suspect is over the legal limit (in Florida, it's a concentration level of 0.08 percent or above), there can be serious consequences. When an individual is pulled over for suspected DUI, sometimes the first instinct will be to refuse the Breathalyzer.

A strong defense at your DMV hearing

Many drivers are reluctant to provide officers with a breath test during a DUI stop in fear that it will lead to a criminal conviction. While this may typically be the recommended course of action, refusing a breath test may result in an automatic one-year suspension of a driver's license regardless of the outcome of the traffic stop. Fortunately, drivers facing a one-year suspension for breath test refusal are given a chance to defend their actions during a DMV hearing. By working with an experienced DUI defense attorney, these individuals may be able to work with the DMV toward license reinstatement.

The real cost of a suspended driver's license

It should come as no surprise that the initial cost associated with a suspended driver's license can be substantial. However, when considering the big picture, the actual cost may be quite a bit more than you are prepared to handle.

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