Why Was Bill Cosby Set Free?
Most of you have probably seen by now that Bill Cosby’s conviction for the sexual assault of Andrea Constand was overturned by the Supreme Court of Pennsylvania. Many people are asking why Bill Cosby was set free. The court’s majority opinion alone spans 79 pages, but we’ve pared it down to its essence. The court’s decision is interesting not just because the court found that Cosby was wrongfully convicted, but also because the court held that Cosby could not even be retried, which is rare to see from an appellate court.
The Decision
The decision stems from a violation of the Fifth Amendment to the United States Constitution. The Fifth Amendment contains several rights, including one that prohibits the government (including the courts) from forcing you to make statements that may incriminate yourself. When District Attorney Bruce Castor first investigated Constand’s allegations of sexual assault against Cosby in 2005, he determined that he would probably not be able to prove that Cosby was guilty beyond a reasonable doubt as required to convict him. But Constand could still sue Cosby in civil court for the sexual assault, so the D.A. made a compromise: his office issued a press release stating that it would never prosecute Cosby in criminal court. Now, because there was no longer the threat of a criminal case against Cosby, he could not invoke the Fifth Amendment in his civil case. Cosby was then forced to testify in the civil case and made incriminating statements, including that he had given Quaaludes to other women he wanted to sleep with, and the case ultimately settled with Constand winning over $3 million.
Things changed when a new District Attorney took over. She felt that she was not bound by the first D.A.’s decision and decided to reopen the criminal case against Cosby in 2015. With the help of the incriminating statements Cosby had made in the civil case a decade earlier, Cosby was successfully convicted of aggravated indecent assault.
Which leads us to the state supreme court’s decision overturning the conviction. Because Cosby was compelled to testify and made incriminating statements in the civil case due to the prior D.A.’s announcement that his office would never prosecute Cosby, the D.A.’s office was bound to honor that promise so that Cosby’s Fifth Amendment rights weren’t thwarted.
Cosby’s Case a ‘Special One’
What is unusual is how the court decided to correct the violation. Ordinarily in a criminal case, if a defendant’s rights are violated in the trial court, then the appellate court will order a new trial and prohibit the prosecutor from using any evidence that came from the violation—here, that would mean preventing the D.A.’s office from using Cosby’s incriminating statements from the civil case. But the court concluded that this was a special case where simply excluding Cosby’s statements would not completely correct the violation. First, Cosby was not allowed to defend himself by invoking the Fifth Amendment in the civil case, and he was required to pay millions to Constand—having a new criminal trial without the incriminating statements would not fix that. Second, Cosby and the prior D.A. had essentially reached an agreement that Cosby would not be prosecuted at all if he testified in the civil case, so another trial would result in Cosby being forced to uphold his end of the bargain while not requiring the same thing from the prosecutor. Therefore, the court concluded that the only fair decision was to enforce the promise of the D.A.’s office to never prosecute Cosby, and the court ordered that he be set free.
Does this mean that the court found that Bill Cosby is innocent?
No, the ruling just means that Cosby must be released and could not be put on trial for the crime.
HOW TO BEGIN
If you want to appeal, you will have 30 days after the Hearing Officer’s final order is issued to file a certiorari petition. Fla. R. App. P. 9.100(c), 9.190(b)(3). This deadline is jurisdictional and heavily enforced.
The deadline applies even if the Department is late in giving you the final order or other documents you would need to complete the petition. In that case, you still need to file the petition within the 30-day deadline, even if only a barebones one, and you can ask for leave to amend the petition and appendix in the near future (which should be granted with little trouble).
Once you know you’re appealing, you need to gather the following:
If you can’t get everything for some reason, you may exclude it from the appendix if it isn’t relevant (except for the final order), as the appellate rules only require you to include what is necessary to resolve the issues presented. See Fla. R. App. P. 9.220. For example, we usually don’t include the client’s driving record because the Department doesn’t provide it to us and it’s irrelevant—but if it becomes relevant, then of course you should obtain and include it.
This next step is important: Get the hearing audio officially transcribed as soon as possible. The transcript is usually essential, and it can take as long as a couple weeks to be completed, and then you have to incorporate it into the petition—all before the 30-day deadline. For transcription, we generally use Marge Raeder Court Reporting at margeraedercourtreporting@gmail.com.
PREPARING THE APPENDIX
The appendix is required and governed by Florida Rule of Appellate Procedure 9.220. You will file the appendix with the certiorari petition. Do the following to create an appendix that complies with the rule:
Note that you may choose to start drafting the petition before the appendix is completed (owing to the strict deadline), but you won’t be able to finalize the petition until the appendix is completed because your factual and procedural assertions must cite the appendix and be accurate.
WRITING THE PETITION
Petitions invoking the original jurisdiction of appellate courts (including certiorari petitions) are technically different from appeals and are governed by different rules. Florida Rules of Appellate Procedure 9.100(g) and (l) govern these petitions. Here are their requirements:
You now have to choose which court you’re filing the petition in (considering it will be reflected in the caption and jurisdictional statement). The petition can be heard by the circuit court in either the county wherein the client resides or the county where the hearing was held. § 322.2615(13), Fla. Stat. E.g., if the client was stopped and arrested in Lake County, the client lives in Polk County, and the hearing was held in Orange County, you must file in either Polk or Orange County.
Once you’ve written everything except for the table of contents and table of citations, you will need to place a certificate of compliance immediately after the certificate of service. Florida Rule of Appellate Procedure 9.100(l) requires this certificate, which must certify that the petition complies with the font requirements of the rule by being double-spaced and in Arial 14-point font or Bookman Old Style 14-point font. Once this certificate is included and you’re done revising the petition, you’re ready to finalize the table of contents and table of citations.
Here are some last things to note while writing the petition:
HOW TO FILE THE PETITION (WITH PICTURES)
These are the instructions for filing in Orange County, but it could differ in other counties.
In the eFiling portal, navigate to the E-Filing Map and click “Case Initiation,” select the county you’re filing in, and click on “File Now.”
You should now be on the “Case Information” tab with some drop-downs to fill out:
Proceed to the “Documents” tab, and you’ll see that a civil cover sheet has been autogenerated for you. This is where you submit the petition and appendix (and other documents if applicable, such as a motion to consolidate or a motion for attorney’s fees and costs).
Proceed to the “ServiceList” tab. Serve the Department at Office of General Counsel, Department of Highway Safety and Motor Vehicles, 2900 Apalachee Parkway, A-432, Tallahassee, FL 32399, at OGCFiling@flhsmv.gov.
After that, you just have to pay the $400 filing fee, review your submissions, and file.
WHAT HAPPENS ONCE THE INITIAL PETITION IS FILED
Unlike with regular appeals, filing a petition will not automatically set a briefing schedule. Instead, you must wait until the court determines whether the petition presents a “preliminary basis for relief”; if it does, the court will then issue an order to show cause, directing the Department to file a response and allowing you to file a reply. See Fla. R. App. P. 9.100(h).
The court will generally require the response to be filed within 30 days of the order to show cause and the reply to be filed within 30 days after the response is filed. Note that the petition, response, and reply correspond with the initial brief, answer brief, and reply brief in regular appeals.
Finally, you should file a request for oral argument to get the full attention of the court. The deadline to file such a request is 15 days after the deadline to file the reply. Fla. R. App. P. 9.320(b).
Important: The request for oral argument must be filed as a separate document. Fla. R. App. P. 9.320. If you try to request oral argument in your petition or reply, the request may be disregarded as invalid.
Here are the various processes involved in a criminal case, including the steps, whether or not to move forward with a motion to suppress, as well as what to expect at your plea hearing and your trial. Want to download a free copy of the official Criminal Process Chart PDF from Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC? No problem — click here!
Steps In A Florida Criminal Case
ARREST / NOTICE TO APPEAR
This marks the beginning of your criminal case. If an officer has probable cause to believe you have committed a crime, he can make an arrest and file the case with the Clerk of Court.
Sometimes an officer may give you a Notice to Appear in lieu of an arrest, which informs you that you are being charged with a crime and sets a court date.
Arraignment (Usually Waived)
At arraignment, your charges are formally read to you and you must enter a plea of guilty, not guilty, or no contest. We will usually waive arraignment and simply file a written plea of not guilty.
This means that your arraignment is cancelled and you don’t need to attend.
DISCOVERY
At the beginning of your case we will file a notice of appearance and demand for discovery (evidence known to the prosecutor), which the prosecutor is required by law to disclose. The prosecutor must also disclose any evidence that could help establish your innocence.
It can take up to several months to receive all the discovery from the prosecutor and often times extends over several pretrial conferences.
PRETRIAL CONFERENCES
Between the beginning of the case and its resolution are pretrial conferences, where your attorney, the prosecutor, and the judge will discuss your case status.
MOTIONS
As the case progresses, we will file motions to prepare your case and sometimes pressure the prosecutor to drop your case. A motion simply asks the judge to make a decision or take a certain action on your case.
Here are some examples of motions:
- A motion to suppress will try to get evidence thrown out if it is the product of an illegal search, seizure, or confession.
- A motion to dismiss tries to get the case dropped because you cannot be prosecuted: e.g., the prosecutor does not have enough evidence to prove you committed a crime, you were granted immunity, or double jeopardy applies.
- A motion to compel asks the judge to order the prosecutor to turn over any outstanding discovery.
PLEA DEAL
There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.
TRIAL
As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.
PLEA DEAL
There will always be ongoing negotiations for a plea deal that is acceptable to you, right up until trial begins. But if the prosecutor’s offer is unacceptable or you choose to fight your case, we will be prepared to go to trial on your behalf.
OR…
TRIAL
As an alternative to taking the plea deal, you also have the option of taking the case directly to trial where a prosecutor has to prove you are guilty.
Should I Move forward with a Motion to Suppress?
RISKS & REWARDS TO CONSIDER
If the motion to suppress is granted, you can have your entire case dismissed or receive a better plea offer. Even if all of the prosecutor’s evidence isn’t thrown out, the prosecutor may offer a better plea deal after the motion is heard. But it cuts both ways: If the court denies the motion, the prosecutor could also revoke the plea offer or add more sanctions.
The Motion to Suppress Hearing
WHAT YOU NEED TO KNOW
The point of the motion to suppress is to throw out any evidence that was obtained as a result of a violation of your constitutional rights. At the hearing, we and the prosecutor will present evidence and argue whether the officers violated your rights. The judge will then issue an order throwing out all, some, or none of the evidence.
WHAT IS THE HEARING ABOUT?
A motion to suppress tries to have evidence thrown out that police obtained in violation of your constitutional rights. For example, the motion may challenge evidence or statements you made that are the product of an illegal traffic stop or illegal questioning.
The point of a hearing on a motion to suppress is not to see whether you are guilty, but to determine whether the police violated your constitutional rights—the focus is on what the officers did, not what you did. The judge will then decide whether the prosecutor will be allowed to show the evidence to the jury.
EVIDENCE IS PRESENTED
At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.
ARGUMENT
Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.
RULING
The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.
The ultimate ruling can take one of several different forms:
- The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
- If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
- The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.
EVIDENCE IS PRESENTED
At the beginning of the hearing, we and the prosecutor will present evidence to the judge. The evidence will usually come from questioning witnesses and playing any video footage the officers took on the scene.
ARGUMENT
Once all of the evidence has been received, we will then argue what the facts are based on the evidence and why the facts show that your constitutional rights were violated.
RULING
The final step is for the judge to decide whether to grant the motion to suppress and throw out the evidence. The judge may either issue a ruling immediately at the hearing or “reserve” ruling to think more about the facts and law. Additionally, the judge’s ruling could be either oral or written.
The ultimate ruling can take one of several different forms:
- The judge may grant the motion to suppress in its entirety and throw all of the evidence out.
- If the judge finds that only some of the evidence was obtained as a result of a violation of your rights, then the judge may throw out that evidence but let the other evidence stand.
- The judge may deny the motion to suppress entirely. If this is the case, then the prosecutor is allowed to introduce the evidence at your trial.
What To Expect At Your Plea Hearing
BEFORE THE PLEA
- When you show up to court for your plea hearing, be sure to dress nicely to make a good impression on the judge.
- Once we’re in court, we usually have to wait in line while the judge goes through a list of cases.
- Once your case is called up, you and your attorney will walk up and tell the judge that you are pleaing and what the agreed-upon conditions are.
THE PLEA HEARING
The judge will then ask a series of questions to make sure you understand the consequences of your plea. You can see a list of questions the judge may ask in the next section below.
QUESTIONS THE JUDGE MAY ASK
- Do you understand the minimum and maximum penalties of your charges?
- Has anyone forced you or promised you anything (other than the plea offer) to get you to enter this plea?
- Are you under the influence of alcohol, drugs, or medication?
- Are you satisfied with your representation by your lawyer?
- Do you understand that you are giving up certain rights by entering this plea, including the right to remain silent, the right to confront your accusers, the right to present witnesses on your behalf, and the right to a trial by a jury of your peers?
You don’t have to worry about the judge asking questions about the case, as that almost never happens. The judge is more concerned with making sure you understand what you are pleaing to.
AFTER THE PLEA
Once the judge accepts your plea, we will wait for paperwork. If you are put on probation, you will have to take your paperwork to the probation office to check in, which usually must be done on the same day as the plea. We will go over this and any other consequences of your plea in detail after the plea hearing.
Trial
JURY SELECTION
The first step of trial is choosing who will serve on the jury. During jury selection, we question potential jurors and try to remove jurors who would be bad for your case.
OPENING STATEMENTS
Trial will begin once your jury is selected, starting with opening statements. This gives us a chance to explain to the jury what we think the evidence will show.
RULING
Once opening statements are completed, the prosecutor will be the first to present evidence by questioning witnesses and showing pictures or videos that were taken in your case.
DEFENSE CASE-IN-CHIEF
Once the prosecutor has finished presenting evidence, we can present evidence for your side. This isn’t required, and sometimes it’s beneficial not to put on a case—for example, when the prosecutor’s evidence fails to prove that you are guilty.
MOTIONS
Once each side’s evidence is presented, we can make certain motions to the judge, which asks the judge to take a certain action on the case. We will typically make a motion for a judgment of acquittal, which argues that even if the jury believes all of the prosecutor’s evidence, it still doesn’t prove that you committed the charged crimes. We might also make a motion for mistrial if you didn’t get a fair trial.
CLOSING ARGUMENT
If the judge decides to send the case to the jury, each side will make closing arguments. This allows us and the prosecutor to summarize the evidence and argue whether it proves that you are guilty.
VERDICT
The judge will then tell the jury the process for reaching a verdict, and the jury will finally be sent to a separate room to deliberate and decide whether the State has proved that you committed the charged crime.
Download A Free Copy
Want a digital copy of our Criminal Process Chart? Click below to download everything as a PDF.
Everyone knows that texting and driving is extremely dangerous. The Center for Disease Control and Prevention reports that, “each day in the United States more than 9 people are killed and more than 1,000 people are injured in crashes that are reported to involve a distracted driver.” If you find yourself the victim of an injury caused by a driver on the road, distracted or otherwise, you may wish to seek legal action against them. Nevertheless, some of us just can’t resist the urge to send that important text while on the road. Even if you have the newest car because of a great loan quote you discovered through Money Expert to get a car with a ton of safety features it won’t save your life. But it might be time to reconsider. Texting and driving not only forces you to take your eyes off the road, but also causes you to remove your hands from the wheel.
This is where commitment devices come in. Commitment devices are techniques that make it easier for us to kick unwanted habits and commit to those habits we need to make stronger. For example, say my mom is allergic to peanuts, but she loves peanut butter and jelly sandwiches. I suggest, why not just have a jelly sandwich, only to receive the reply, “What’s a PB&J without peanut butter?” A strong retort indeed; however, this behavior can be easier to eliminate with the help of a commitment device. In this scenario, that might involve making my dad hide the peanut butter so my mother won’t be tempted to eat it.
So how does a commitment device apply to texting and driving? Well, there are a ton of apps out there that can help keep you from texting and driving by preventing you from turning on a text app when your car is in motion. Some apps lock your phone; others will put your phone on silent mode. In any case, using these “commitment apps” can help you stay focused on the road and avoid being distracted. You can find a few of these apps posted below. Remember, it might take just a second to check a text, but in the same amount of time a life can be lost or devastated.
iOS apps:
Android apps:
This month, Orlando DUI attorney Joel Leppard was selected as the #1 Top Best DUI attorney in Orlando by Best-DWI-Attorneys.net, a national DUI attorney ranking service. Best-DWI-Attorneys.net also selected Joel Leppard as the second best DUI attorney in the entire State of Florida in 2016. Joel Leppard is the founder of Leppard Law, a Central Florida law firm dedicated to providing each case the time, attention and skillful representation that it needs.
The national DUI attorney locator service “is dedicated to providing a comprehensive list of DWI/DUI attorneys to best fit the needs of each case.” In choosing Joel Leppard as the Best Orlando DUI attorney, the attorney ranking service “searches for lawyers who are experienced at handling DWI and DUI cases“ and look for “attorneys who teach DWI and DUI law, who are actively studying breath analyzers for the flaws they have present in them even today, and/or for those who serve on boards or are members of organizations who specialize in DWI defense.”
Unlike many professional awards, Best-DWI-Attorneys.net did not solicit membership or marketing fees from Joel Leppard when naming him the top DUI lawyer in Orlando, relying instead on its own selection criteria. “Best DWI Attorney’s approach to providing impartial, and unrecompensed information is an extremely effective way for consumers to access unbiased information when selecting a Orlando DUI attorney,” says Joel Leppard. “I am humbled to receive this recognition and only serves to motivate me to work even harder for my clients.”
Michael Kennedy, an attorney associated with Leppard Law, says the award is “well-deserved” and believes that Joel Leppard “is an outstanding Orlando DUI attorney who goes above and beyond to ensure his clients get the representation they deserve.”
Joel Leppard’s best Orlando drunk driving lawyer ranking also comes on the heels of recent awards by other well-known national lawyer rating services. The law firm recently named to Expertise.com’s “2016 Best Criminal Defense Lawyers in Orlando.” Currently, Leppard Law also tops Yelp’s 2017 list of Best Orlando DUI lawyers.
Avvo, a national attorney rating service, which awarded attorney Leppard with the “Client’s Choice” award for Criminal Defense in both 2015 and 2016. Orlando attorney Joel Leppard received this prestigious accolade based on the number, quality and breadth of client testimonials associated with his profile. This prestigious award is presented to attorneys who receive five star ratings from their clients on Avvo.com, the world’s largest online attorney rating and review service. Avvo also rates Mr. Leppard as a “Superb” attorney, with a perfect 10.0 out of 10.0 rating scale.
In 2015, Central Florida criminal defense attorney Joel Leppard was selected to be a member of the prestigious National College of DUI Defense and has defended thousands of Central Florida residents who were accused of crimes. He is also the author of the Florida DUI defense manual entitled “The Florida Consumer Guide to DUI Defense.”
Joel takes pride in treating every client’s legal problems as if they were his own. As of the writing of this article, he has all five star reviews on Facebook, Thumbtack, Google and Yelp. With a “Superb” Avvo rating and a passion for helping those with legal problems, Joel is grateful and honored to serve so many worthy and incredible clients. He looks forward to continuing to do so for the remainder of 2016.
More information about Joel Leppard and Leppard Law can be found at their website at LeppardLaw.com. Leppard Law is also on Facebook and Twitter. The firm is conveniently located in downtown Orlando at 638 Broadway Ave., Orlando, FL 32803 and called or texted at 407-476-4111.
If you have been injured in an accident, contact an experienced Orlando accident attorney by calling or texting (407) 815-3000.
Contact Leppard Law: Florida DUI Lawyers & Criminal Defense Attorneys PLLC
Contact the Orlando criminal defense attorneys at Leppard Law if you are charged with assault or battery and need a skilled lawyer to help your case. Your initial consultation is always free and Leppard Law is available to take your call at any hour of the day.
While some eyes are glued to the GOP convention, others are watching the Kanye West / Taylor Swift feud go down. The dispute concerns whether or not Ms. Swift pre-approved of some disparaging lyrics in Kanye’s new single “Famous.” To clear the air
, Kanye’s wife Kim Kardashian posted a secretly recorded conversation between Kanye and Taylor Swift.
However, the State of California, like Florida, is a “two party consent” state–
meaning that it is a crime to secretly record someone without their permission. This does not apply to recording in public, but normally does apply to private conversations, such as a phone call — a California appellate court has ruled that this statute applies to the use of hidden video cameras to record conversations as well. See California v. Gibbons, 215 Cal. App. 3d 1204 (Cal Ct. App. 1989). If, this happened in Florida, Kim Kardashian and Kanye could face felony charges with up to 5 years in prison, 5 years probation or a $5,000 fine.
If either “Kimye” or the “Tay Dizzle” were in California when the secret recording took place, the famous duo could be facing a criminal fine of up to $2,500 and/or imprisonment for up to a year (misdemeanor). In addition, Kim/Kanye could be sued in civil court and may be subject to civil liability in the amount of $5,000 or three times the amount of any actual damages sustained as a result. Most people don’t know that it’s a felony in Florida to record someone without their knowledge– so be careful! Read a history of the Snap-gate Kim/Kanye & Taylor beef here for a Buzzfeed article.
Deciding on a lawyer can be an extremely difficult and oftentimes daunting task. How do you know what to ask, and who will best fit your legal needs? Before you decide on a lawyer to handle your case, you want to have a list of questions to discuss during your free or low-cost consultation.
Below are nine questions to ask your potential attorney before making your choice.
1. What is your education, work experience and practice areas?
2. How long have you practiced law in the State of Florida?
3. Have you won any awards or other industry recognition?
8. What is my role and responsibilities?
9. What are the fees and expenses?
Call (407) 476-4111 for a free consultation to determine if you are a good fit for our firm.
Orlando attorney Joel Leppard received this prestigious accolade based on the number, quality and breadth of client testimonials associated with his profile. This prestigious award is presented to attorneys who receive the highest ratings from their clients on Avvo.com, the world’s largest online attorney rating and review service. The Avvo reviews praise Joel for his confidence, his knowledge of the law, his attentiveness, his quick response time, and his dedication to his clients. The reviews also mention that he gets results, even when other attorneys are willing to give up. Here is a recent example.
Avvo has also given Joel a rating of “Superb” based on client reviews, over 25 attorney endorsements and his professional record.
Joel takes pride in treating every client’s legal problems as if they were his own. He has all five star reviews on Facebook, Google + and Yelp. With a “Superb” Avvo rating and a passion for helping those with legal problems, Joel is grateful and honored to serve so many worthy and incredible clients. He looks forward to continuing to do so for the remainder of 2016!
Call (407) 476-4111 for a free consultation!
DUI “COUNTERATTACK SCHOOL” CLASS INFORMATION
All those convicted of a DUI must enroll and complete a DUI Counterattack course (also known as DUI School or DUI Counter attack school). Many of my clients are curious about what the DUI class entails. The following information is typed almost verbatim from a 3 page DUI Counterattack School Florida Safety Council handout. I hope you find this helpful! -Attorney Joel Leppard
Page 1 – Evaluation/Class Assignment Receipt
In order to satisfactorily complete the DUI Program you must attend all scheduled class sessions, complete all homework, attend all evaluation appointments and pay all fees. You will not receive a certificate of completion until you meet all these requirements and must complete all requirements within 90 days.
If you are seen to be or test to be under the influence of alcohol or other drugs, or if you test at any level on an alcohol breath test or refuse to comply with a test, you will be asked to leave the class or evaluation. Per Florida Statute, you will be required to pay 100% of the enrollment fees and be required to begin the enrollment process again.
In order to avoid a penalty for failure to make your evaluation or class appointment, you must contact the program in person no less than five business days prior to the appointment. With good cause, this program will allow you to reschedule to up 48 hours after your appointment. If you are ill and under a doctor’s or dentist’s care. If there is a serious illness or death in your immediate family, or if you are involved in a natural disaster, you will be rescheduled without additional charge: however, you will need to bring documentation to verify your absence or conflicting court dates or jail.
Evaluation information (your date, time and evaluator will be listed here):
- If you fail to attend this appointment, you will be charged a penalty fee as required by Florida Statute. Late or absent fees in the 90 days after enrollment are $75 for the first occurrence and $153 for the second. If you fail to return for your evaluation within 90 days of your first enrollment date, you will forfeit all fees and will have to begin the enrollment process again.
- If you are 5 minutes or more late for your appointment, you will not be seen and penalties for absence will be incurred.
- If checked, you MUST bring the following information to your evaluation appointment. Failure to have this documentation will be considered an absence and penalties, as outlined above, will apply (these have lines in front of them, not letters as the auto-format is putting below):
- Copy of breath/blood alcohol results, or documentation of refusal
- Proof of social Security and driver license numbers
- A copy of your probable cause/arrest affidavit
- A copy of your court order (if applicable)
Class information (your class dates and times, along with the room number will be listed here):
- All classes start on time. Once roll is taken, no one will be admitted to class. If you miss a class because you are late, you have to reschedule and complete the entire class schedule with no credit for sessions attended.
- If you miss any class session, you will be required to begin the class again, from session one. You will not receive credit for classes attended. You will be charged a reset fee unless you can document “good cause” as defined above. Reset fees are established by Statute and are: Level 2 — $60 (1st); $120 (2nd); $238 (3rd) and Level 1 — $40 (1st); $75 (2nd); $153 (3rd).
- If you fail to attend class and do not reschedule your class within 90 days of your original ENROLLMENT date, you will forfeit all fees paid and begin the enrollment process again. Notice of this failure is sent to DHSMV. If you refuse to comply with all class requirements or are disruptive in the class, you will be asked to leave and will forfeit all fees and be required to completely re-enroll.
(This ends the first page, where it shows when your 90th day is, your receipt number and the fee you have paid for the class. You are then required to sign and date the first page.)
Page 2 – DUI Program Rules and Regulations
General Information
All fees must be paid prior to receiving a class schedule.
Failure to provide accurate information may result in additional program requirements and additional fees. Please be honest.
You must be alcohol and drug free for all appointments, including registration.
Per Administrative Rule, a DUI Program may refuse to enroll any person who is unwilling to comply with the rules and procedures of the program or who is unwilling to make a full disclosure for purposes of an evaluation.
Evaluation Requirements
Florida Statutes require a substance abuse evaluation of anyone enrolled in a DUI Program. This evaluation will be accomplished in part by having you complete questions concerning your drinking and/or drug use habits, questions about your personal life, and questions about your DUI history. If you have any questions about these forms, you may speak with an enrollment officer.
The DUI Program is State certified to provide DUI education programs and complete DUI evaluations. All Evaluators, SSS Evaluators and Instructors are State certified and are under direct Clinical Supervision. After completing paperwork, you will be given an appointment with a State certified Evaluator who will complete various forms that relate to your responses.
A determination will be made if referral to a DCF licensed (or exempt by Statute) substance abuse treatment program will be required. There will be additional fees for this treatment as outlined in Florida Statutes.
90 Day Completion Requirement
Per Administrative Rule, any client who returns to the program more than ninety (90) days after the original enrollment to complete all or part of the program will have to re-enroll completely, including payment of all program fees. The following requirements must be completed within the 90 day period:
- Enrollment paperwork
- An evaluation with a State certified DUI evaluator
- An appropriate, mandated DUI education program.
If you fail to complete any part of these requirements within the 90 day time period, you will forfeit all fees and will not receive credit for any component completed.
Per Administrative Rule, anyone entering the DUI Program (voluntarily, court ordered or as a requirement of DHSMV) is required to complete the educational requirements and obtain an evaluation within 90 days of enrollment. If your DUI conviction is dropped or dismissed but your Administrative Suspension remains valid, you must still complete the DUI Program within 90 days. Failure to do so may result in a notice of cancellation to DHSMV and repayment of the full fee upon re-enrollment.
Class Completion Requirements
- Attendance at all classes, on time and in sequence.
- No alcohol or other drug use within 24 hours of class.
- Completion of all assignments.
- Payment of all fees.
If you receive a class schedule prior to completion of your evaluation, you will not receive a certificate of completion until you complete all components of the DUI Program.
Transfer to Other DUI Programs
You must attend a DUI Program in the county where you work, live or attend school. You may transfer your DUI requirements from or to this office to comply with this requirement. Failure to complete official transfer paperwork may complicate your completion of the DUI Program. The transfer fee is $25.
Orange County Florida Safety Council Location:
Orlando, FL32803
Page 3 – DUI Program Rules and Regulations continued…
Confidentiality Requirements
The confidentiality of alcohol and drug abuse records is maintained by this office in accordance with Federal Law 42 CFR (Part 2) as well as State requirements. This program may not say to any outside person that you attend this program or disclose any information which identifies you as an alcohol or drug client unless:
- The client consents in writing.
- The disclosure is allowed by Court order.
- Information regarding child abuse or neglect is obtained.
- The disclosure is made to medical personnel in a medical emergency or to qualified personnel for research, audit, or program evaluation.
Information concerning any alcohol or drug client may not be used to criminally investigate or prosecute that client. Violation of confidentiality is a crime.
Program Fees:
ALL Program fees are non-refundable. Complete Program fees, including reset fees, are posted in the enrollment area and appear below.
If you come to your evaluation appointment or to any scheduled class under the influence of alcohol or other drugs, or are uncooperative or disruptive and asked to leave evaluation or class, you will be required to pay ALL FEES AGAIN, per Florida Statute. In cases of documented financial need, a fee reduction or payment plan may be available.
Grievance Procedure
Any individual who wishes to file a grievance regarding services may do so in writing within 30 days of the date of service delivery. Correspondence should be directed to the Director of the DUI program at the address listed on this form. Client rights violations may be reported to DUI Programs Office.
Additional Information Required prior to your evaluation:
- A copy of your arrest ticket which indicated B.A.L.
- A copy of your probable cause/arrest affidavit.
- If applicable, a copy of your court order
- One form of ID.
Fees
Level One enrollment:
$233 (Includes $5 DRI fee) *Note: online registration adds a $7 fee for a total of $240.*
Level Two enrollment:
$363 (Includes $5 DRI fee)
Class Reassignment: Level One
$40 1st reassignment within 90 days of enrollment
$75 2nd reassignment within 90 days of enrollment
$153 3rd reassignment within 90 days of enrollment
$233 Any class reassignment more than 90 days after enrollment
Class Reassignment: Level Two
$60 1st reassignment within 90 days of enrollment
$120 2nd reassignment within 90 days of enrollment
$238 3rd reassignment within 90 days of enrollment
$363 Any class reassignment more than 90 days after enrollment
Evaluation Reassignment: Level One
$75 1st reassignment within 90 days of enrollment
$153 2nd reassignment within 90 days of enrollment
$233 Any evaluation reassignment more than 90 days after enrollment
Evaluation Reassignment: Level Two
$75 1st reassignment within 90 days of enrollment
$153 2nd reassignment within 90 days of enrollment
$363 Any evaluation reassignment more than 90 days after enrollment
Evaluation not associated with DUI Program enrollment $150
Transfer fee $25
Administrative refund fee $25
Processing referral to different treatment agency fee $15
State assessment fee $15
Duplicate certificate fee $5
Per page copy fee $.25
The driving record can be ordered at cost through the Florida Safety Council office ($19.95). Please call for driving record prices. The driving record must be under 30 days old and reflect lifetime record.
This is the end of page 3, which ends the rules and regulations, and you have to sign and date that you understand and received the rules.
If you’re curious about the costs of a DUI in Florida, please click here.
If you have any questions about the charge of Driving Under the Influence, contact Leppard Law at 407-476-4111 with any questions about your DUI.