In Florida, there are a lot of negative stigmas and strict consequences that accompany being convicted of driving while under the influence. This is a crime that is taken very seriously by the government, courts, state and local community, and as such, Florida punishes harshly. You need to speak with a legal professional about the immediate and future consequences of being accused of, arrested for, and convicted of a DUI. Contact Natalie Lopez Attorney at Law, P.A., to speak with an experienced attorney who has taken these cases head on over her legal career and knows what it takes to bring a winning case either before the government or a jury.
In Florida, although .08% is the legal blood alcohol content level to drive, Florida defines being under the influence as when someone is impaired by alcohol or a chemical substance to the extent that their normal faculties are impaired. In Florida, DUI offenses are governed by Section 316.193 of the Florida Statutes. This statute establishes that it is unlawful for a person to drive or be in actual physical control of a vehicle while under the influence of alcohol, drugs, or a combination of both. To secure a DUI conviction, the prosecution must prove beyond a reasonable doubt that the accused was impaired or had a blood alcohol concentration (BAC) of 0.08% or higher.
This definition broadens the government’s ability to convict because someone’s normal faculties are a wide range of circumstances to analyze and include how a person is seeing, hearing, walking, talking, judging distances, driving, making judgments, acting in emergencies, and in general performing the many mental and physical acts of our daily lives. The government will swiftly place bias on someone who has been accused of a DUI and easily label their normal faculties as being impaired. You will need a powerful voice to fight against this accusation.
The penalties for DUI in Florida can vary based on several factors, including prior convictions and the specific circumstances of the offense. Generally, a first-time DUI offense can result in fines ranging from $500 to $1,000, imprisonment for up to 6 months, probation, mandatory attendance at DUI school, community service, and a driver’s license suspension of up to one year or longer. Subsequent DUI offenses carry enhanced penalties, including longer license suspensions, mandatory installation of an ignition interlock device, and potential imprisonment, probation, and/or community control for an extended period.
You will also highly likely experience the extreme and immediate difficulties and hoops to jump through with the Department of Motor Vehicles (DMV) when you have a temporary or permanent driver’s license suspension. Call an attorney who knows what to do. You need an attorney who is dedicated to providing strong legal representation to clients facing DUI charges. You will need an attorney to advocate that your normal faculties at the time of the alleged offense were not impaired and offer plausible reasons for your mental and physical acts within those fact specific daily life interactions. Contact Natalie Lopez Attorney at Law, P.A., to speak with an attorney who has the knowledge and experience on how to do this.
No Valid License
Not having a clean driving record causes higher insurance rates, may hinder specialized employment, subject you to state penalties, and more. Not having a clean criminal record is even worse. Whatever the situation, at the end of the day, your daily life will be impacted.
If you were cited or arrested for a criminal misdemeanor of Operating a Motor Vehicle with No Valid License in violation of Florida Statute 322.03, you must keep in mind that for this charge, the government does not need to prove that you knew or did not know that you did not have a valid license. This charge applies to people who never had a driver license, who had one but it expired more than six months prior, someone driving a specific car or motorcycle without the needed endorsement, and others who were charged with this offense in lieu of the more serious, Florida Statute 322.34 offense.
The government can easily prove this second degree misdemeanor that will go on your permanent criminal record, has a penalty of up to 60 days in jail, a $500 fine, and can trigger a habitual labeling if this is your third qualifying offense within five years. Either way, at times the government or court may offer you to successfully complete a government diversion or driver license program. Be that as it may, before you ever agree to enter into any agreement with the government or court, contact 954-888-8833 for an attorney to ensure that this offer is a legal destination that benefits you and not them. Call today to schedule a free case evaluation.
Reckless Driving
Not having a clean driving record causes higher insurance rates, may hinder specialized employment, subject you to state penalties, and more. Not having a clean criminal record is even worse. Whatever the situation, your life will be impacted.
If you were cited or arrested with a criminal misdemeanor of Reckless Driving in violation of Florida Statute 316.192, you must be aware of the complexities involved with this charge that carries different penalties. For example, the amount of offenses, property damage, injury and levels of injuries are relevant in the determination of whether this offense is a misdemeanor or can be classified as a felony. This charge can also easily trigger a habitual labeling if this is your third qualifying offense within five years.
The government will have to prove two factual elements to convict you of this criminal violation. First that you drove the car, and second that you did so with a willful or wanton disregard for the safety of persons or property. Will the government be able to accomplish this? Make the government realize that your only legal destination will be one that benefits you. Prepare to conquer your case and contact 954-888-8833 for a free case evaluation to speak with an attorney who recognizes that you, your version of events, and your relevant background need to be applied when advocating your side of the story.
Fleeing to Elude
Speak with a lawyer that understands the complexities surrounding the Florida criminal statute of Fleeing to Elude. This statute, under Section 316.1935 of the Florida Statutes, addresses the act of willfully fleeing or attempting to elude law enforcement officers while operating a motor vehicle. When facing such charges, it is crucial to have a knowledgeable attorney who understands the intricacies of this statute and can provide effective representation.
To secure a conviction, the government must prove several elements beyond a reasonable doubt. First, it must be established that the accused was operating a motor vehicle on a public road. Second, the government must demonstrate that a duly authorized law enforcement officer, in a marked vehicle with distinctive markings and displaying lights and sirens, lawfully signaled the accused to stop. Finally, the government must prove that the accused willfully fled or attempted to elude the officer, with the intent to evade arrest.
The penalties for Fleeing to Elude in Florida can vary based on the severity of the offense. A first offense is typically classified as a third-degree felony, carrying potential consequences of up to 5 years in prison and fines of up to $5,000. However, it is important to note that under certain circumstances, Fleeing to Elude can be charged as a misdemeanor offense. Misdemeanor penalties may include imprisonment for up to one year and fines of up to $1,000.
As a dedicated criminal defense attorney, I possess the knowledge and experience necessary to provide effective representation for individuals facing Fleeing to Elude charges. I am committed to diligently examining the evidence, challenging the prosecution’s case, and pursuing the best possible outcome for my clients, whether they are facing misdemeanor or felony charges.
Contact a law firm today that will prepare to conquer your case by navigating the legal process, challenging the prosecution’s case, and striving for the best possible outcome on your behalf.
Florida’s Implied Consent Law and Refusal to Submit to Breath Testing
Florida’s DUI laws include what’s called an “Implied Consent” law, found in Florida Statutes Section 316.1932. This law states that any person who accepts the privilege of operating a motor vehicle within the state is, by so doing, deemed to have given his or her consent to submit to an approved chemical test or physical test, including a breath-alcohol test, to determine the alcoholic content of his or her blood or breath if lawfully arrested for a DUI offense. This consent is “implied” by the very act of driving on Florida’s public roads.
The state takes DUI offenses seriously, and a refusal to submit to a breath test following a lawful arrest for suspected DUI can lead to significant consequences. The Florida Department of Highway Safety and Motor Vehicles may impose administrative penalties, including a driver’s license suspension. For a first refusal, your license may be suspended for up to one year, while subsequent refusals can result in longer suspensions or even the permanent revocation of your driving privileges.
It is important to note that refusing the breath test does not guarantee immunity from DUI charges. Prosecutors can still pursue criminal charges based on other evidence of impairment, such as officer observations or witness testimonies. If convicted, you may face fines, probation, community service, mandatory alcohol education programs, and even imprisonment.
This law firm has extensive experience representing clients charged with refusing to submit to a breath test. We will thoroughly analyze the details of your case, examining the legality of the arrest, the administration of tests, and any potential violations of your rights. Our goal is to build a strong defense strategy aimed at minimizing the impact of these charges and protecting your rights throughout the legal process. If you are facing charges for refusing to submit to a breath test, it is crucial to seek professional legal representation. Contact Natalie Lopez Attorney at Law P.A. today for a confidential consultation to discuss how to achieve the best possible outcome for your case.
Vehicular Manslaughter
Florida’s laws define Vehicular Manslaughter, often referred to as Vehicular Homicide, under Section 782.071 of the Florida Statutes. This statute explains that Vehicular Manslaughter is the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.
The key aspect of this law is the concept of ‘reckless driving’. In legal terms, reckless driving involves more than mere negligence. It implies a conscious and intentional act of operating a vehicle with willful disregard for the safety of others.
There are two degrees of Vehicular Manslaughter: DUI Manslaughter and Manslaughter by Culpable Negligence. DUI Manslaughter involves causing the death of another person while driving under the influence of alcohol, drugs, or controlled substances. Manslaughter by Culpable Negligence, on the other hand, occurs when a person’s reckless or careless behavior leads to someone’s death.
The penalties for Vehicular Manslaughter can be severe and life-altering. If convicted, it is considered a second-degree felony punishable by up to 15 years in prison, 15 years of probation, and a $10,000 fine. If the accused leaves the scene of the accident (hit and run), the offense is upgraded to a first-degree felony with penalties that can include up to 30 years in prison.
Given the gravity of these charges and the complexity of legal issues involved, it is critical for anyone accused of vehicular manslaughter to seek qualified legal representation promptly. If you or a loved one are facing Vehicular Manslaughter charges in Broward County, Miami-Dade County, or Palm Beach County, don’t navigate the legal process alone. Contact our dedicated legal team today at 954-888-8833 for a confidential consultation.
