Speak to counsel who is a former DUI Unit Prosecutor and has trained State Attorneys and DUI Task Force Investigators on evidence gathering technique and trial strategy. He has focused his entire legal career on this specific offense in an effort to improve upon the art in this specific area of defense.
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Fort Lauderdale DUI Lawyer
Based on our experience, we have found that people charged for the first time with DUI feel lost with regard to the complex technical rules of the DMV and the Florida Judicial System. Our clients are given materials following our first couple of meetings in order to help educate them on this somewhat imposing charge. If you are looking for a good place to start, we recommend that you review our articles on DUI Practice and Procedure. Once you get the basics down, you may want examine the more specific areas of DUI defense authored by our Attorneys.
DUI is usually considered a misdemeanor offense in Florida; however, it can also become a felony offense under aggravating circumstances. The aggravating factors can be past history of DUI convictions, or damage caused to property and life while driving under the influence. DUI Lawyers defending these cases who are experienced in the art know that DUI’s with enhanced penalties require a different tactical approach explains Lawyer William Moore.
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A DUI can be Charged as a Felony if:
•The accused is facing a DUI conviction for the third time, within ten years from the last two DUI convictions. Under such circumstances, the accused will be facing a third degree felony offense.
•The person is accused of DUI for the fourth or subsequent times, irrespective of the elapsed time from the last DUI conviction. This will also result in third degree felony charge.
•While driving under the influence of alcohol or controlled substance, the person has caused serious bodily injury to another person. Serious bodily injury would mean disfigurement, impairment of an organ, or the injured is facing a higher risk of death. This too is a third degree felony charge.
•When the accused while driving under the influence causes an accident where an unborn child or person is killed, then it could result in a second or first-degree felony charge, depending on the circumstances of the case.
•If the accused while driving under the influence has caused the death of another person, and leaves the scene while knowing the accident has occurred, or refuses to give aid to the victim, or, does not provide information of the accident to the authorities, then it is a first-degree felony offense.
DUI Lawyers Broward County: View Driving Under the Influence Videos and Lectures by
William Moore September 2013:
Penalties for multiple offenses:
If a person is convicted of third degree felony DUI, it is punishable with up to five years in prison, five years probation, up to $5,000 in fines, up to lifetime license revocation or suspension, vehicle impoundment, mandatory alcohol counseling, community service, probation, DUI school programs, or any combination of all these penalties as the court might see fit. In case of second-degree felony
DUI conviction, the person can be facing a jail term of up to 15 years, and fine of up to $10,000.
If the person is convicted for first-degree felony DUI, then maximum jail term is 30 years or life, and up to $10,000 fine. Apart from the lengthy prison sentences and hefty fines, a felony offense will result in a permanent criminal record that can seriously affect employment opportunities, certain civil rights and overall future life.
Defense for Driving Under the Influence Criminal Charges?
#DUI charges should always be handled by DUI lawyers who have a fantastic level of experience in these cases.
Felony DUI charges are very serious and therefore the defense lawyer will first try to prevent the charge from being a felony and try to get the charge down to a misdemeanor. The lawyer can also challenge the validity of the previous DUI convictions, since they will be connected to the present case.
Even though there is the law of implied consent for undergoing a breathalyzer test, the police officer cannot stop a vehicle, unless the officer had valid reason to believe that some law was being violated. Hence, this avenue can present an effective defense strategy for dismissing the case based on illegal stop.
Even when a citizen has reported a person driving recklessly or being drunk, the police officer can only stop the vehicle on observation of violation of a law. Usually police officers will try to justify the stop in such cases, even when they have not observed any law violations. In such instances, investigating the Dispatch Recordings can help build a strong defense for illegal stop.