Monthly Archives :

    May 2015

    I just got arrested on a DUI – what’s next?

    150 150 Joel Leppard

    Driving under the influence (DUI) is defined as operating a motor vehicle while impaired with a blood alcohol content (BAC) of 0.08% or higher, a chemical substance, or a controlled substance. Those under 21 years old can be charged with a DUI if their BAC is 0.02% or over and commercial drivers can be charged if their BAC is 0.04% or over.

    After you are charged with a DUI, you may feel confused, upset and fearful. It is very important to consult with an experienced criminal defense attorney to help you receive the best possible outcome in your case.

     

    Things to consider after getting out of jail for DUI….

    License Suspension

    Keep in mind that in every DUI in Florida, there are two separate cases that flow from the same offense. In addition to criminal penalties and charges, you will also have a separate civil case filed against you with the Department of Highway Safety and Motor Vehicles.

    You have 10 days from the date of arrest to do one of two things. First, you or your attorney  can request an Administrative Hearing (formal or informal) in order to determine if the officer had probable cause to arrest you for a DUI. The second option is to forfeit your right to a review hearing in exchange for having a Business Purpose Only (BPO) license issued immediately. This option only applies if you have never had a prior DUI administrative suspension or DUI conviction. You must enroll in DUI School and show proof to DHSMV in order to obtain your BPO license. Failure to request either option within 10 days of your arrest will result in you losing your right to challenge the suspension.

    What is an Arraignment on a DUI?

    At an arraignment the judge court will inform you of the charges against you and give you the opportunity to plead guilty, no contest or not guilty. A guilty plea or no contest plea will place you at the mercy of the court and the judge find you guilty and will sentence you right then and there in the courtroom–the judge could even send you to jail. There is normally no advantage to entering a guilty or no contest plea at arraignment, especially if you haven’t spoken with an attorney yet to examine the possible weaknesses in the prosecutor’s case. If you miss your court date, hiring an attorney can be a crucial move. An attorney can get sometimes negotiate away a failure to appear and get a suspension of your license cleared.  Furthermore, if you hire a DUI attorney, he can waive your appearance at your arraignment and Pre-Trial Conference court dates so that you do not have to attend if you do not want to.

    Trying to resolve your case without an experienced DUI attorney is generally not a good idea. Before entering a plea, at a minimum, you and your attorney should review all of the police report, watch the roadside video (if available) as well as the video taken at the breath center to determine the strength of your case.

    Is jail time mandatory if I am convicted of a DUI?

    No. Not for the first conviction. However, for a second conviction within five (5) years of a prior conviction, a minimum imprisonment term of ten (10) days is required. For a third conviction within ten (10) years of a prior conviction, a minimum imprisonment term of thirty (30) days is required by law.

    Can my charges be reduced?

    Sometimes, a skilled DUI attorney can get a  DUI “reduced” to the charge of reckless driving (alcohol related).  This is not actually a reduction of charges; rather, it is an amendment.  DUI in Florida carries with it a mandatory minimum penalty which requires an adjudication of guilt.  If someone has been adjudicated guilty, it means they have been convicted.  When someone enters a plea of no contest to reckless driving, Florida Law does not require the judge to adjudicate that person guilty; rather, the judge may withhold the adjudication which means that person has not been “convicted”.  Moreover, unlike a DUI conviction, the disposition of a reckless driving charge usually does not increase ones insurance rates, does not carry a mandatory driver’s license revocation with it, and it can be sealed at a later date in many cases.   A judge is not authorized to “reduce” a DUI charge to reckless driving.  This can only be achieved through plea negotiations with the prosecutor.  An experienced DUI attorney can use knowledge of the law, effective use of motions and artful plea negotiations to attain a “reckless driving” plea offer for his client.

    DUI PENALTIES

    Unlike the penalties for most other misdemeanors, the minimum statutory penalties for a DUI conviction in Florida can be very severe and involve various types of punishment, including, but not limited to any of the following:

    MINIMUM AND MAXIMUM DUI PENALTIES IN FLORIDA

     

    1x Conviction:

    Minimum PenaltyMaximum Penalty Comments
    JailNoneSix Months– Max. Nine months if .15 or above, or minor in vehicle- Max. Year if crash
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceFifty HoursDiscretionary
    ImpoundmentTen DaysThirty Days
    Ignition InterlockNoneSix Months– Required if .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$500$1,000– $1,000-$2,000 if .15 or above, or minor in vehicle

     

     2x Conviction within 5 Years of Previous DUI Conviction:

    Minimum PenaltyMaximum Penalty Comments
    JailTen DaysNine Months– Max. Twelve months if .15 or above, or minor in vehicle 
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionFive Years
    Community ServiceNoneNone
    ImpoundmentThirty Days
    Ignition InterlockOne Year– Two Years if .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$1,000$2,000– $2,000-$4,000 if .15 or above, or minor in vehicle

     

    2x Conviction with Previous DUI Conviction Outside of 5 Years:

    Minimum PenaltyMaximum Penalty Comments
    JailNoneNine Months– Max. Year if .15 or above, or minor in vehicle 
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceNoneNone
    ImpoundmentTen DaysThirty Days
    Ignition InterlockYear– Two Years if .15 or above, or minor n vehicle
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$1,000$2,000– $2,000-$4,000 if .15 or above, or minor in vehicle

     

    3x Conviction within 10 Years of Previous DUI Conviction:

    Minimum PenaltyMaximum Penalty Comments
    JailThirty Days5 years– If upgraded to felony then Max. Five Years Prison
    ProbationEarly Termination5 years– If upgraded to felony then Max. Five Years Five Years Probation
    Driver’s License SuspensionTen Years– eligibility for hardship driver’s license after 2 years
    Community ServiceNoneNone
    ImpoundmentNinety Days
    Ignition InterlockTwo Years
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000– $4,000-$5,000 if .15 or above, or minor in vehicle

     

    3x Conviction with Previous DUI Conviction Outside of 10 Years:

    Minimum PenaltyMaximum Penalty Comments
    JailNoneYear
    ProbationEarly TerminationOne Year
    Driver’s License SuspensionSix MonthsOne Year
    Community ServiceNoneNone
    ImpoundmentTen DaysThirty Days
    Ignition InterlockTwo Years
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000– $4,000-$5,000 if .15 or above, or minor in vehicle

     

    4x Conviction of DUI or more:

     Minimum PenaltyMaximum Penalty Comments
    JailNoneYear– If upgraded to felony then Max. Five Years Prison
    ProbationEarly TerminationOne Year– If upgraded to felony then Max. Five Years Five Years Probation
    Driver’s License SuspensionLifetime Revocation
    Community ServiceNoneNone
    ImpoundmentNone None
    Ignition InterlockNoneNone
    DUI Counterattack ClassRequired
    Victim Impact PanelRequired
    Fine$2,000$5,000

     

     

     

     

     

     

     

    Florida’s new drone privacy bill affects multiple industries

    150 150 Joel Leppard

    drone

    The global market for non-military drones has recently been estimated as a $2.5 billion industry that is continuing to grow. While Fortune 500 companies such as Amazon are investigating potential drone use for their delivery service, less publicized industries are also prepared for drone operation. The benefits of drones to the agriculture, construction, energy and mining industries are immeasurable say experts who study the commercial impact of drones.

    GoFarm LLC, a Michigan-based agri-data business, performs field surveys by using drones to collect imagery in visible and non-visible bands to determine health of crops (see video here).  The imagery that the company collects can be used to provide detailed assessments of fields and individual plants.

    There is, however, great risk that comes with collecting data using drones. Beyond the obvious risk of property damage from wayward drones, many jurisdictions are passing legislation aimed at privacy concerns. On May 14, Florida Governor Rick Scott signed a drone privacy bill into law. The bill establishes a private right of action for people photographed in their homes by drones without their consent.

    Laws such as this one affect more than just drone-based companies. Chuck Tobin, a partner with Holland & Knight LLP and leader of the firm’s drone practice team, said the law infringes on the rights of the news media.

    “It has no consideration of news events, news value, or any real thought of vantage point from public places,” he told the Business Journal in a phone interview. “It’s riddled with First Amendment issues.”

    Tobin also said that using drones for photography is a much cheaper and safer way for broadcast news outlets to gather news than from a helicopter, which have actually killed reporters in crashes.

    Now that the new law is in place, companies must alter their operations to comply with local rules and regulations, and members of the press must be careful not to upset homeowners when utilizing drone images in news stories.

    Learn more about how the new law is affecting the news media here: http://www.bizjournals.com/jacksonville/news/2015/05/18/floridas-new-drone-laws-could-create-big-problems.html

    Learn more about how the new law is affecting drone-based companies here: http://nationallawforum.com/2015/05/21/as-drones-hit-the-sky-lawsuits-predicted-to-fly/

     

    New law makes traffic ticket quotas illegal in Florida

    150 150 Joel Leppard

    florida-flashing-headlights-speed-trap-free-speech1

    It is not uncommon to see police officers implementing speed traps in areas where the speed limit drops drastically within short distances. Sometimes, officers feel the need to implement these speed traps in order to meet monthly traffic ticket quotas.

    Fortunately for motorists, Gov. Rick Scott signed a law this week that forbids local governments from having ticket quotas. The law will take effect on July 1 and requires law enforcement to submit reports to the Legislature if their traffic ticket revenues cover more than one third of the costs of operating their agencies. They may also be audited and face investigation by the state attorney general.

    Supporters of the law believe that it will ensure transparency in government and prevent the exploitation of motorists.

    To learn more, read the full article on: http://www.wesh.com/news/new-law-makes-traffic-ticket-quotas-illegal-in-florida/33089614

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