A couple of weeks ago a tragic car crash rocked locals in the Orlando area. When the Florida Highway Patrol responded to the fatal four-car crash they were quick to discover the reason behind this accident.
A breathalyzer reading of .08 or higher will lead to an arrest. It's as simple as that. It doesn't matter where you are arrested, since all 50 states have it at .08. However, it doesn't always mean you are guilty. Over the years, we have seen plenty of errors found in the machine and the source code.
Do you live in Orange or Seminole county? Have you been issued a traffic ticket on I-4, 408, 417, the FL Turnpike, Highway 50, State Roads 436 or 434 or 426, or the Bee Line Expressway?
As we come upon the holiday's people are more likely to get a DUI charge. Police will have checkpoints set up around Orange and Seminole County, Florida. In addition there are more parties at work and home where alcohol is served. If you find yourself in a situation where you feel that you may be impaired and you decide to drive keep in mind that you could be arrested for DUI and prosecuted for the crime.
I have had clients ask me if there is any difference between the DUI they were arrested for and an offer to resolve the case with a plea to a reckless driving. The answer is yes there is a big difference. For one you wont have a DUI on your driving record and employers and insurance companies will view a reckless driving differently than they would a DUI. Additionally there is typically no drivers license suspension with a reckless driving and the penalties could be less.
If you are a student at UCF and you have been arrested for anything you can be subject to school discipline and criminal charges that you have to go to court for. Do not go to court alone, hire a criminal defense attorney to help assist you.
As a Criminal Law attorney we are always researching new laws that take effect every legislative session and an interesting one that has been talked about for years finally took effect this year. Texting while driving is now a traffic offense effective October 1, 2013. If you are stopped and the cop has probable cause that you were texting while operating the motor vehicle you will receive a civil penalty. The more you get stopped for this infraction the higher the penalty is.
What is a Motion to Suppress? Many times in a DUI case we will file what is called a motion to suppress. This is a challenge to the legality of the case and it normally is broken down as a challenge to the initial traffic stop.
As of July 1, 2013 the Florida Legislators enacted new rules the govern DUI hardship licenses. This new law actually makes it a lot easier to get a hardship license after being arrested for a first time DUI. Within the first 10 days after arrest you have to sign up for DUI school through the Florida Safety Counsel and bring that proof to the DHSMV and request a waiver of the formal review which means you are not challenging the suspension. If you follow these steps then the DHSMV will issue you a hardship license on the stop for the entire term of your suspension which would be 6 months if you blow .08 or higher or 12 months if you refuse the breath test.
Students at UCF that find themselves in the unfortunate situation of being arrested and charged with a DUI need to hire an attorney to prevent a criminal conviction that will affect the students life.