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 a former Seminole County Prosecutor I know firsthand how serious the courts take Driving While License Suspended or Revoked charges. In Seminole County many of these cases can result in jail time, probation and the loss of your driving privileges for up to 5 years.
Leaving the scene of an accident can be a split second decision that can end up costing you the rest of your life. If you get into a traffic crash in Florida and there is any damage to a vehicle or injury to a person you are supposed to exchange insurance information and call the police so a report can be made. If you leave the scene of the accident you can be charged with a criminal offense and arrested or given a notice to appear in court.
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.
Some Orlando area residents may think that law enforcement cannot arrest them if they have not actually done something wrong. While in some cases this is true, other times, individuals face serious consequences for threats of certain actions. A Sanford man is currently facing that reality.
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.
Interstate 4 or more commonly know to Central Florida residents as I-4 is one of the most used roads in Florida and rush hour can be a pain. Many people also get arrested for DUI's while driving on this roadway. It is typically at night that the police are out actively looking for drivers who seem to be impaired based on the driving pattern. However, it can also be the simplest thing such as speeding, no headlights on or any other common traffic violation that can result in the police pulling you over. If you are stopped and the police smell alcohol on your breath they will ask you to conduct field sobriety exercises and then make a determination if you are impaired.
Attorney Corey Cohen has been selected to receive an invitation into the National Trial Lawyers: Top 100 Trial Lawyers. Membership is by invitation only and is extended to those individuals who exemplify superior qualifications, trial results, and leadership in their state.