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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)

Interlock devices

New Changes to Florida DUI Sentencing Laws Go into Effect

While much attention was being paid to a new law meant to make the penalties for hit and run new florida dui sentencing laws 2014drivers more in line with those of drunk drivers who stay at the scene of deadly accidents, Florida also passed other modifications of how some parts of the sentencing for those convicted of DUI will work.  The new laws will specifically deal with how offenders are ordered to have interlock devices in their vehicles and gives judges discretion to order other alternative sentences in some cases.

The new law will allow judges to order first time drunk driving offenders to put an interlock device in their vehicles for up to six months.  Until this law was passed, interlock devices were normally not ordered for those arrested for the first time.  The new law related to first time offenders was passed with the encouragement of Mothers Against Drunk Driving, who are pushing nationwide to put interlock devices in the vehicles of everyone convicted of driving while intoxicated.

What Mothers Against Drunk Driving did not approve of was another part of the new law which also give judges the discretion to order those convicted to driving while impaired in Florida to become involved in an abstinence-based program called 24/7 Sober.  This program is presented as an alternative to an interlock program.  This program did not gain M.A.D.D. approval because they do not believe that it provides an adequate alternative to interlock devices when it comes to keeping impaired drivers off the road.

The 24/7 Sober program replaces interlock devices for some convicted of driving while impaired and instead makes those people submit to twice daily breathalyzer tests, random urine screening or mandatory wearing of drug patches or alcohol monitoring bracelets.  The program has been used in recent years in three other states.  The idea behind the program is that it is meant to keep those convicted of DUI from offending again.  Supporters point to some studies showing that these programs lead to better long term results and will also do more to keep those who are under the influence of drugs off the roads, something that currently cannot be done with an interlock since they only detect alcohol.  The program has been tested in Jacksonville for the last few months.

Judges will not be limited to one program or the other when sentencing, but can now sentence someone convicted of driving under the influence to a combination of both programs.

Until this law was passed, the law only allowed for judges to force those convicted of driving under the influence to install an interlock in a limited number of cases.  Mainly the cases where they could be ordered would be for those repeat offenders or those who were caught driving with an especially high BAC.