Blog

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)

Ocala Cop Arrested for Forging a Traffic Ticket

An Ocala woman was left wondering how many people across Florida are at the receiving end of a forged traffic ticket after the ticket that got her nearly arrested was discovered to have been fraudulently written out by a traffic officer.

The woman, 36 year old Shautauqua Scott, discovered through her sister that she had been issued a citation for driving with a suspended driver license and decided to find out what had happened as she had no knowledge of any such citation being signed by her.

A visit to the Ocala Police Station and an interview with Sergeant Chas Maier revealed that a police officer who had been serving with the Ocala Police Department for three years had allegedly forged her signature on a traffic ticket.

The officer, Daniel Fitzpatrick, decided to hand himself in voluntarily after the forgery had been discovered and has now been arrested himself on what could turn out to be a serious charge of forgery, which is a third degree felony charge. Scott has been described as having had nothing but commendations and good reviews on his record up to now.

The woman whose signature had been forged said that the officer had stopped her at an intersection and warned her for not stopping at a stop sign, but had not actually given her a citation. Stop sign violations are traffic offenses in Florida which can mean 3 points on your license and a fine. As points accumulate on a license it is quite possible for a single violation like this to tip a driver over the threshold and lead to a license suspension.

In this particular case, what was strange was that the citation issued by the officer was for a suspended license, not for a stop sign violation. The forgery was revealed after Sergeant Maier was able to view video footage of the encounter between Scott and officer Fitzpatrick and view the ticket still held at the station. Apparently, the video shows the officer giving Ms Scott a warning, but there is no evidence of a citation being written out. Ms. Scott had a look at the signature on the ticket and claimed that it was not hers, even though it was quite similar. A police department official was reported saying that Fitzpatrick had issued the forged ticket to avoid getting into trouble for not actually issuing a ticket on the spot.

Scott said that it was lucky that her sister had seen the posting of the citation online, otherwise she would have missed the court appearance and could have had an arrest warrant out in her name.

This particular incident is unusual and it is unlikely that if you have been given a citation, that it has been forged. However, it does show that you have to be very careful of any traffic ticket that you receive and not to take them at face value. Many traffic offenses are based on subjective judgment made by a police officer by the roadside and an alleged offense could be challenged in court with the help of an experienced traffic ticket attorney.

There are few traffic citations that in fact cannot be challenged. Examples would include citations for red light violations at intersections controlled by red light cameras. Unless there has been a mistake in the registration or name, it is hard to defend these citations. In any event, they usually only involve a fine, a bit like a parking ticket. There is no points penalty and your insurance company will not be informed.

If you do receive a traffic citation which does not seem to be fair or you are suspicious about its validity, then you can raise the issue with a traffic attorney who can help you get the charge dismissed if possible or have the penalties reduced in severity.