Tuesday, February 24, 2015

Defense of Drivers with a Commercial Driver’s License

The consequences of a DUI conviction can be much more serious for individuals with a commercial driver’s license (CDL). Not only can the penalties affect the here and now, they can also affect your livelihood for the rest of your life. This is why it is so imperative that you retain an attorney who can aggressively fight such a DUI charge.
Commercial drivers are held to a certain standard in Florida and the state expects these drivers to closely follow the rules. Traffic violations are categorized as major, serious, or otherwise. As you might expect, driving under the influence of alcohol is considered a major violation and is likely to result in hefty penalties.
Individuals convicted of a DUI who hold a CDL can lose their license while also being subjected to other DUI penalties. Additionally, drivers may also be unable to apply for a hardship license, which offers limited driving privileges.

How can I defend against my DUI charges?

The most important first step is to hire an attorney. The quicker you do so, the better. Your attorney needs adequate time to prepare and the prosecution begins working from the moment you are charged to establish a conviction.
Your attorney may be able to challenge your breathalyzer test, as these are known for being particularly inaccurate. The police officer may have neglected to follow proper protocol or failed to take outside factors into account, all of which can be used in your favor.
Another aspect of defense against your charges can include whether the officer had probable cause to pull you over. Probable cause can include weaving between lanes, missing a stop sign, or speeding excessively. Without probable cause, your DUI charges are much more likely to be dismissed.
It can be scary to consider the thought of losing your commercial driver’s license and going without a job. My firm has the resources to prepare a strong defense on your behalf. I will work tirelessly on your case, doing whatever I can to protect your future.

Get in touch with my firm today to schedule your free consultation with a Miami DUI lawyer for CDL. 

Tuesday, February 3, 2015

3rd DUI in Miami

A recent study performed by Mothers Against Drunk Driving (MADD) estimated that in one year alone, over 100,000 third time DUI offenders were convicted in the state of Florida. This high number, and the accidents associated with it, have given law enforcement cause to enforce strict penalties.
One of the biggest advantages you can give yourself is to retain a defense lawyer for third DUIs in Miami. Individuals who feel qualified to represent themselves often wind up regretting their decision in the end.

How does the state punish third time offenders?

While all the usual penalties apply, such as jail, fines, license suspension, they are exponentially more severe when it is your third offense. Florida law requires that the courts assign unique penalties based on whether the offense occurred within 10 years of a previous conviction or outside of that timeframe.
If there is a conviction within the last 10 years on your record, you could be charged with a third degree felony resulting in up to five years in prison. Regardless, you will be required to serve a mandatory sentence of at least 30 days in jail.
Fines range from $2,000 to $5,000 and your driver’s license can be revoked for at least 10 years. After becoming eligible to drive again, the state also requires that you install an ignition interlock device for two years following.
A third DUI offense that occurs without any convictions in the last 10 years can result in up to one year in jail, up to $2,500 in fines, and the installation of an ignition interlock device for two years.

Can a lawyer help me handle my third DUI?

Hiring a skilled attorney is always better than going without representation. The cost of doing so is far outweighed by the benefits of having an advocate on your side. As the founder of my firm, I believe in giving my clients the level of defense I would want if I were in their shoes.
I have been awarded for my ability to achieve the outcomes my clients need, even when the situation looks hopeless. If you fear that your third DUI offense will destroy your future, contact my firm today. I am eager to turn your case around for the better!