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DUI LAW

How to Get Rid of a DUI in Florida in 2020

A DUI conviction is a nasty stain on anyone’s record. Unfortunately, in the state of Florida, it cant be expunged. However, there are ways that you may be able to clear your record. The most important thing to remember when arrested for a DUI charge is to contact a skilled and reputable Florida DUI lawyer. They will be able to help you build your strongest case and will be able to hopefully prevent your DUI charge from becoming a conviction or maybe, even get the case dismissed.How to Get Rid of a DUI in Florida in 2020

Here at The Ticket Lawyers, we have dealt with thousands of DUI cases across Florida and have helped lots of people in their Florida DUI charges. Our team has been dealing with DUI cases like yours for over 75 years collectively, we are ready to fight your corner. We don’t want one bad judgment to ruin your life, get in touch today for a free consultation, at 855-323-8488.

Circumstances Under Which You May Get Rid of Your Florida DUI

Unfortunately, in Florida, once convicted of a DUI, that DUI conviction will be permanently added to your record. The law punishes citizens for driving under the influence very harshly.

There is no way to have the DUI case expunged or sealed after you have been convicted. If the case is dropped or the charges are dismissed, you might be eligible to have your DUI conviction sealed or expunged from the records. If your attorney manages to get the charges lessened to reckless driving with a withhold of adjudication you may be eligible to have your DUI reduced to a reckless driving charge sealed if you don’t have any previous convictions for anything else.

Florida DUI Attorney

As you may have committed a DUI crime, it is vital that you get yourself a Florida DUI attorney to fight your case. It’s the wisest choice in any scenario.

If you are going to attempt to seek lesser charges or attempt to get into a diversion program after being arrested for DUI charges an attorney is the best option that you have. They will know the complexities of Florida law, they will have dealt with cases just like yours and they know exactly how to protect and fight for your rights. They will keep the law enforcement in line and will help with your license suspension before the 10 days have passed. You can read more about license suspension on the Florida Highway Saftey and Motor Vehicles (FHSMV) website.

The results could stop you from suffering from a life-long criminal record, is it really worth fighting it alone?

Here at The Ticket Lawyers, we have a team of skilled attorneys that know how to get the best possible outcome. Our main goal is to avoid you getting that criminal conviction and we will use the full extent of our knowledge to give you the best options and will provide you with the best defense possible.

Complexities of DUI Cases

Every case and every incident that has led to it is different. Sometimes cases are clear cut and simple and sometimes they are a bit more complicated. They become more complex.

Examples of this are:

  • Whether or not it is your first DUI or whether you have been charged for driving under the influence before.
  • You are under the legal drinking or driving age.
  • Your license is not valid and you do not have insurance.
  • There are other associated charges.
  • You have prior criminal charges on record.
  • The law enforcement officers involved.

How Many Years Does it Take for a DUI to be Taken Off Your Record in Florida?

In most cases, a drink driving or driving under the influence charges stay on record for 75 years, bearing in mind that you need to be 16 to drive in the state of Florida, they might as well call it a lifetime charge. The State of Florida website explains DUI charges in more detail.

For a citizen of any age, this could have long-lasting and terrible consequences. Finding jobs will be harder, you may not be able to visit certain countries, you might not be eligible for certain benefits. This is on top of the mental anguish if you have caused an accidental death or serious injury as a result of your mistake.

What is the Best Way to Avoid Getting a DUI?

The blood alcohol limit in Florida is 0.08%, however, the best way to avoid getting a DUI is to never drive a vehicle while under the influence of drugs or alcohol. Some good tips to add to this are:

  • Designated driver – If you regularly drink with a group of friends, set up a designated driver rota. Every time you drink, one of you stays sober and drives the others around. You save money on taxis, avoid being arrested and a sober companion can often keep you out of other drunken trouble.
  • Call a taxi – If you have driven somewhere and have then decided to stay and drink, call a taxi to get home. Just because you have driven, does not mean you need to drive back. 2x taxi cab fares are much better than a lifelong DUI charge on your record. Its 2020, with apps like Uber and Lyft around, there are no excuses.
  • Walk- If all else fails, walk! Whether it is 2 minutes or 2 hours. If your only options of getting home are to walk or drive under the influence, then walk home. If it is a long walk, you can class it as punishment for drinking when you drove in the first place. Its a much better than a DUI arrest.

Contact The Ticket Lawyers Today

Everyone makes mistakes. We are all human. When you do, you have to face the consequences. Sometimes, the law can be extremely harsh in this manner. Here at The Ticket Lawyers, we can make sure that you are treated reasonably, in accordance with Florida Law and can reduce the conviction and charges as much as possible and hopefully help you to avoid a black mark on your record for the rest of your life by being convicted of a DUI.

Our phone lines are open 24/7, so contact us on 855-323-8488 for a free consultation.

Moving Violation

Good Ruling for Commercial Drivers in Florida

In Florida if you possess a regular drivers license, and you receive a moving violation, you have three options for non-mandatory traffic infractions:

  1. Elect a driver improvement school
  2. Pay the citation
  3. Elect to fight the citation in Court.

However, the options available to a commercial driver are limited as they can pay the citation or fight the ticket in Court.

Until a memo from the Department of Highway Safety and Motor VehiclesDHSMV) began circulating on January , 2014, it was commonplace for a Judge to withhold adjudication on a commercial driver if the facts and driving record warranted such a result. A withhold of adjudication would mean that a driver wouldnt receive point on their license BUT the violation would still appear on their record as has been commonplace for years.

Since the memo began circulating over a year ago, each county has been inconsistent with their interpretation of the memo and the sentences they were imposing on a commercial driver appearing before them. In an order from Sarasota County (State v John Brandy, 2014 TR 15144 NC) Judge Phyllis Galen on March , 2015, the Judge ruled that the Court has the authority to withhold adjudication on a commercial driver appearing before them on a moving violation. The Judge discussed the separation of powers between the branches of Government and opined that under Florida Law, a withhold of adjudication is NOT masking since the violation still appears on a driving record.

Finebloom, Haenel, and Higgins have been representing motorists across the State of Florida for over 10 years. David Haenel, one of the partners is the former Florida Bar Traffic Court Rules Committee chairman. They can be reached at 1-800-FIGHT-IT (344-4848)

Disney Star Billy Unger Arrested for DUI in California

Florida native and star of the Disney XD show “Lab Rats”, Billy Unger was arrested on June 28 for Billy Unger DUIdriving under the influence in California.  Just after midnight, Unger was pulled over by police after he was caught speeding in Malibu, California.  Police asked the child star to take a breathalyzer, where he blew a .08.  Unger, who is 18 years old, was arrested for driving under the influence as a result.

Under California Law, someone is presumed to be under the influence when they have a BAC of over .08.  However, for those under 21 years old, the legal limit in California is .01.  Having a BAC of .08 means that Unger would have been presumed to be impaired under both of these standards.

The BAC limit for those over 21 in every state, including Florida, is .08.  However, states do differ on the BAC limit for those who are drinking illegally because they are underage.  In Florida, that limit is .02.  In California however, where Unger was arrested, the limit is .01.  Some states are even stricter with their zero tolerance drinking policies for those who are underage, charging those under 21 with DUI for any presence of alcohol at all.

While the reasoning for having a zero tolerance policy for underage drinkers who get behind the wheel is understandable, it can be problematic in some cases.  There are many things that can set off a false positive in a breathalyzer, making it seem like someone has been drinking when they, in fact, have not.  Some of these could include items that have alcohol in them that are not actually ingested, such as mouthwash or breath spray.  Other things that may result in false positives on a breathalyzer could include some medical conditions such as diabetes, using an inhaler or even being on a low carb diet.

While this could be a problem for anyone who gets pulled over for suspicion of drinking and driving, it could be a real problem for someone who is under 21.  With a limit of .02 or under, the chance of having a BAC over the legal limit due to a false positive goes up.  There are things that police are supposed to do before having someone submit to a breathalyzer, such as waiting for a period of time to be sure the results are correct.  However, there still can be a chance of false positives.  Unfortunately, the most accurate way to determine someone’s true BAC is to have them submit to a blood test.

In Unger’s case, unfortunately, it seems unlikely that his .08 was the result of a false positive as much as it was a result of him actually drinking. He has neither confirmed nor denied that he was drinking that night and has said he will let the legal system deal with his case.