What Does It Mean to Have Adjudication Withheld in Florida?
Even if you don’t have a legal background, you probably know the basics of a legal plea. If the state of Florida charges you with a crime, you can plead guilty, not guilty, or no contest.
However, did you know it’s possible to be found guilty without getting a conviction at all?
That’s right: within the state of Florida, defendants can admit to a crime without the associated penalties of a conviction. This is what we mean when we say “adjudication is withheld” in a court case.
The ability to withhold adjudication doesn’t exist in the federal court system. However, so it might not be familiar to most people. Let’s take a look at the definition of this term and what you can expect if it applies to you.
What Does It Mean to Withhold Adjudication?
First, let’s take a look at the word “adjudication” itself. This term refers to a formal judgment or ruling in court.
As we stated above, a “withhold of adjudication” is a decision the state makes when a person is found guilty at trial. At sentencing, the court will choose whether they want to enter an adjudication of guilt or to “withhold adjudication.”
In other words, the court is withholding a harsher ruling, meaning they have not convicted you of the crime. You are still considered guilty in the eyes of the law, but you will not receive the same penalties that come with a legal adjudication of guilt.
When Does the State of Florida Withhold Adjudication?
According to Florida laws—specifically Statute Section 948.01—a court can withhold adjudication if it seems unlikely that the defendant will commit another crime in the future. In cases like these, the Florida legal system allows the court to keep the defendant from suffering the minimum penalties for their crime.
The court then has leeway to decide on fairer penalties instead. For example, a court might choose to allow a defendant to pay a fine instead of getting placed on probation or going to jail.
Most often, courts will only withhold adjudication for first-time offenders. Defendants who have a criminal history are more likely to receive an adjudication of guilt instead.
Note that certain criminal offenses are ineligible for withheld adjudication. Capital, life, and first-degree felonies, for example, are ineligible even if you have a clean criminal history. The same is true of DUI charges.
What Are the Advantages of a Withheld Adjudication?
As you can likely imagine, there are many benefits to getting a withheld adjudication. In some cases, these benefits can make them an appealing solution to your criminal defense.
First, because it isn’t a conviction, you won’t have to suffer the fallout that a conviction can cause for your record.
Criminal convictions can make it more difficult to find and keep a job or to seek a professional license. Having to check “yes” on job applications that ask about past convictions can make your future interviews uncomfortable or nonexistent. Some convictions will also result in a suspended license, a loss of your right to vote, or a loss of your right to carry firearms.
As mentioned above, the penalties for a withheld adjudication are often reduced. You may have to pay a fine or meet the conditions of your probation, including things like counseling, coursework, drug testing, or community service, but you won’t have a jail sentence.
Last, a withheld adjudication means you can avoid a trial. This can save you valuable time and money, and it can also keep your offense further off public records.
What Are the Limitations of a Withheld Adjudication?
A withheld adjudication is not a perfect outcome. The court has still found you guilty, which means that you’ll still have several penalties when compared to a verdict of innocence. If you’ve received this sentence, there are a few things you’ll want to keep in mind.
Though you can petition the court to seal or expunge certain records, you can’t seal your record with all crimes. This includes things like aggravated assault, sexual assault, burglary, and domestic violence, all of which will show up if someone runs a background check on you.
Depending on your crime, the court may still require you to register as a felon or a sex offender in certain cases. This will often depend on the type and severity of your crime.
In addition, while you don’t have to respond “yes” to a criminal conviction question on a job application. You may have to respond “yes” in other situations. If a job application asks about past arrests, or whether you’ve been a defendant in a criminal case. You’ll have to answer truthfully.
Last, other states and even the U.S. federal courts consider a withhold of adjudication to be a conviction. This is worth keeping in mind if you move or travel elsewhere in the country. Because withholds will remain on your record per other U.S. laws. Being in possession of a firearm, for example, may be considered illegal in another state that views your sentencing as a conviction.
Get an Experienced Florida Lawyer on Your Side
If you’re struggling to navigate the Florida court system alone, it’s time to get a professional on your side. The nuances of our state’s legal system can be confusing for anyone without a legal background. This is where our veteran team comes in.
Our criminal defense attorneys can help you decide whether the withholding of adjudication is your best option going forward. With a review of your case, we can let you know whether requesting this option is better than taking a plea deal or going to trial. Contact us today for a free evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
What To Do the Day After a DUI? 5 Steps To Take.
Impaired driving killed 799 Floridians in 2021. If you drink alcohol, you should not get behind the wheel of a motor vehicle and attempt to operate it. However, that does not stop people, and they find themselves arrested and facing charges of a DUI and possibly other offenses.
Getting arrested for a DUI has far-reaching consequences that reach beyond getting your license suspended. Get yourself started on the right path by doing these five things.
1. Get Out of Jail and Locate Your Car
Your first course of action after a DUI is to get out of jail and locate your car. You cannot get released from jail until three things have happened:
- You are no longer under the influence of alcohol or any chemical substances;
- Your blood or breath alcohol level is lower than 0.05;
- Eight hours have passed since you were arrested.
This means you could get released in hours or have to wait until the next day to get released. If you can secure a bail payment, the processing of this begins once the booking process gets completed. The booking process is when you get your mug shot taken, fingerprints recorded, and personal information entered into the system.
Your car likely got impounded at the time of your arrest. Go through the administrative process to get your vehicle out of impound. The police can tell you your car’s location.
Pay for storage, towing, and other fees to release the car. If your license is already suspended, you must bring someone with you who can legally drive the vehicle home.
2. Save Your Ability to Drive
Following a DUI arrest, Florida drivers have 10 days to take administrative action about their driver’s license status. If you submit to the breath test, the automatic suspension is six months. If you refuse the breath test, the suspension is one year.
You have ten days to request a formal or informal review of the suspension. This can determine your eligibility for restricted driving privileges. This means that you could drive to school or work during your license suspension instead of being unable to drive at all.
This ability can reduce the stress and hardship you experience over the next couple of months. However, you lose the opportunity if you do not file for this review within the ten-day window.
3. Gather Any Relevant Evidence
Take an active role in the defense of your DUI by gathering as much evidence as you can as early as possible. The longer you wait, the harder it will be.
Collect and preserve any receipts from that day or night. Keep the original but also take a picture of them. Make copies or take screenshots of any photos taken, text conversations, social media posts, or calls. Nothing is too small to document, and you do not know what could become beneficial to your attorney in arguing your case.
If someone else witnessed your DUI arrest or was with you earlier in the evening, record their information. Your attorney can contact them at a later date to testify as to what they witnessed.
4. Write Down What Happened
As soon as you can, sit down and write down everything that happened surrounding your DUI arrest. The longer you wait, the less accurate and more incomplete your memory becomes. If you were drunk driving, your memory is already compromised, so it becomes even more vital that you record as much as you can remember right away.
Write clearly and legibly so your attorney and staff can easily read it. Skip every other line so you can easily add additional facts as you remember them. Set the scene by starting your recording 24 hours before the arrest.
Create a timeline of events and include little details like what and when you ate and how much sleep you had. Record where you want, when, and with you. For example, write down what you drank, how much, and when.
When recording the arrest, set the scene by describing the time of day, traffic level, location, and weather. Write down the reason you were pulled over. Sometimes it is for suspected DUI, and other times it is for another traffic infraction.
Record the conversation between you and the officer, if they had you perform Standardized Field Sobriety Exercises (SFSEs), and the breath test process. In some circumstances, an attorney could argue that the officer improperly performed these tests, and that resulted in a wrongful DUI.
5. Hire a Florida DUI Attorney
While you have the right to represent yourself, this can put you at a disadvantage. Hiring a DUI lawyer means you will have someone who knows the Florida criminal court system and laws. This ensures you have someone looking out for you and fighting for your best interest.
Well-established DUI lawyers have a reputation within the legal community and relationships with prosecutors. This can help them negotiate for a better outcome for your case.
You can also ask your lawyer questions about the legal process and your options. That way, you understand what your best options are.
Hire a DUI Lawyer to Represent You
Getting arrested for a DUI is a scary and stressful experience. There are questions you want to be answered along with criminal and administrative procedures that you now face. This is not an arrest to ignore, so taking these five steps as soon as possible is paramount.
Request a free consultation today with one of our knowledgeable attorneys to discuss the circumstances surrounding your DUI arrest.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
Driving on a DUI Suspended License: Your Essential Guide
Florida is cracking down on drivers! 600,000 people in Miami-Dade County are driving with a suspended license. Some of them are not aware of it, but they face significant charges if they get pulled over.
After a DUI arrest, you may have a lot on your plate. Getting arrested for driving with a suspended license will make your problems worse. But before you call a lawyer, you need to get the facts about suspended license crimes.
What are the penalties for driving with a suspended license? What are other consequences you may face? How can you defend yourself and avoid jail time?
Answer these questions and you can clear your name of suspended license charges. Here is your quick guide.
Florida Suspended License Laws
All drivers convicted of a DUI have their licenses suspended. A first-time conviction leads to a suspension of up to one year. A second-time conviction can create a suspension of five years while a third-time offense can lead to a 10-year suspension.
Section 322.34 of the 2022 Florida Statutes provides Florida’s laws on driving with a suspended license. A first-time offense of driving with a suspended license is a second-degree misdemeanor. But, a second-time offense and other subsequent offenses are first-degree misdemeanors.
A third-time offense carries a mandatory prison sentence of 10 days, though a judge can extend it further. Driving for the third time with a suspended license due to a DUI is a third-degree felony.
Second-degree misdemeanors can lead to a prison sentence of up to 60 days. First-degree misdemeanors can lead to a one-year prison sentence, and third-degree felonies can result in a five-year sentence.
You may be able to qualify for probation and community service instead of imprisonment. But prosecutors take driving with a suspended license seriously, especially if the license was suspended for a DUI. You may need to plead guilty to charges and waive your right to a trial.
Other Consequences
Imprisonment may be the largest consequence of driving on a suspended license. But it is by no means the only one. You face other difficulties that you must know about before you launch a defense.
Additional Charges
Reckless driving occurs whenever a driver operates a vehicle with disregard for other people’s safety. Many drivers are pulled over for reckless driving, only for the police to discover they have a suspended license.
You will receive a reckless driving charge if you were speeding or made an improper turn. In addition to the jail time you face for driving with a suspended license, you can go to jail for up to 90 days for a first offense.
If you were drunk driving with a suspended license, you will receive a DWI charge. You can also get a DWI charge if you have prescription drugs in your system that impair your driving. A second conviction can result in a prison sentence of one year.
Insurance Rates
Some insurance companies cancel the policies for drivers convicted of DUIs. The ones that don’t increase their premiums, making it harder for drivers to pay for insurance. Increases vary, but some companies jack up the prices by a few hundred dollars a month.
Ignition Interlock Devices
When you do get your license back, you may need an ignition interlock device on your vehicle. You must provide a breath sample in order to turn your engine on. If the device detects a high level of alcohol, the car will not start.
You are responsible for paying for and maintaining your device. You need to attend appointments to hand over the results from your device. The device may be on your car for a year or longer.
Criminal Records
A conviction for a DUI creates a criminal record. Many employers conduct background checks on applicants that include looking at criminal records. You may be denied job opportunities just for your DUI arrest.
A conviction for driving with a suspended license can make your problems even worse. It suggests you have a pattern of misconduct, which can diminish your job opportunities.
Defenses
A defense on suspended license charges can be very difficult. If you’re arrested for driving on a suspended license, you should invoke your right against self-incrimination. Do not tell the police anything besides your name and ask for a lawyer to be with you.
A police officer may have seen you behind the wheel, but your car may not have been on. If you can prove that the car was off, you may be exonerated at trial. You can use surveillance tapes and your testimony to prove that your car was not running.
You can dispute the circumstances of your arrest. If the officer pulled you over for reckless driving, you can use evidence to show you were not driving recklessly. This may allow you to assert that any evidence from your arrest cannot be used in the trial.
Mitigating circumstances lessen your culpability. You can point out that you needed to drive someone to the hospital or you were driving to escape an emergency. These circumstances can diminish your sentence, though you may be found guilty.
The Essentials of Suspended License Charges
Driving with a suspended license is no light matter. Even if you weren’t charged with a DUI, you face prison time for a first-time offense. Subsequent charges can lead to long sentences as well as extended suspension periods.
You may face other charges, and you will have a criminal record that others can access. You should gather evidence and fight to clear your name of charges or produce mitigating factors for your arrest.
The easiest way to defend yourself is with a lawyer’s guidance. RHINO Lawyers serves all Florida residents. Contact us today.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
Street Racing Crimes Involve More Than Just the Drivers in Florida
Street racing is a problem in Florida that is common among young drivers. It is illegal to engage in this type of activity, and it can be the cause of all sorts of accidents and big problems for other drivers. People who take part in highway racing are playing with their own lives and the lives of those around them.
The danger street racing poses is so extreme. In fact, the state of Florida has imposed many very harsh penalties on anyone who races on the highway. The consequences of engaging in street racing crimes can result in an arrest. Plus, include very large fines, as well as jail time. Careless drivers on the streets face the harsh reality of the danger they put others in when racing.
Street racing is a dangerous and illegal activity that many young drivers engage in. It can be the cause of fatalities and other consequences. Continue reading our overview to see why street racing can involve a lot more than just the drivers in Florida.
The Consequences of Street Racing
The Florida statutes Section 316.191 defines racing as a second-degree misdemeanor. This results in a first offense penalty of 60 days of jail time. The penalty can increase for multiple offenses of street racing crimes or has been part of highway racing in the past.
Offenders can receive a $1,000 to $5,000 fine and a two-year license revocation. As well as, one year of incarceration in county jail. A second offense will boost the mandatory fine to around $1,000 to $3,000. This can also result in the loss of a vehicle title if convicted of two or more violations within a five-year period.
Anyone can get arrested for street racing if they deliberately stop traffic and drive a vehicle for racing on the highway. Or if they assist in setting up a race. A passenger of the vehicle racing can receive a street racing charge.
Multiple offenses within a five-year period can result in jail time and a four-year license revocation. The severity of street racing offenses also applies to spectators watching an illegal street race for any reason.
Spectators receive a $500 fine and points against their license, even if they didn’t drive any vehicle or engage in the organization of a street race.
It does not matter if a street race is highly organized or a spur-of-the-moment event. Everyone involved gets prosecuted to the full letter of the law. They make little to no exceptions when arresting street racing participants. This is why spectating a street race can have dire and costly consequences for everyone.
Other Related Consequences
Going to jail for street racing crimes isn’t the only thing that happens. Actually, more comes along with it that can make things much worse. They can bring other charges against someone arrested for racing. Or if involved in a street race.
Even if they are bystanders and not operating any vehicle involved at the time. You will need to find a lawyer to represent you if the state decides to take action with additional charges.
Some of the other charges that can be applied in court include vehicular homicide and reckless driving with serious bodily injury. Vehicular homicide is when death happens due to reckless driving.
A conviction gets seen by a court as a class 2 felony and results in up to 15 years in prison. An even more serious penalty of 30 years in prison will apply if a driver flees the scene of the crime.
A person charged with reckless driving with serious bodily injury faces up to five years in state prison if convicted. This charge becomes a third-degree felony if the driver causes injury or disfigurement to a victim. Both of these charges can also result in the loss of a driver’s license for up to three years.
No matter what type of charges you face as a result of street racing, the state will require everyone to attend and submit proof of completion of a basic driver improvement course. Depending on the number of or severity of the offenses, a court can require someone to complete a 4-hour course or as much as a 12-hour driving course.
Defenses for Street Racing Charges
If you or someone you know gets charged with any kind of illegal street racing, the next step would be to have a legal defense. The penalties for a conviction of street racing are severe, so being ready to face them can be intimidating.
An experienced lawyer will use a lack of evidence or inability to prove beyond a reasonable doubt as a defense argument. This can also include showing that speeding occurred, but not knowingly street racing. The best defense against any charges or consequences of highway racing is not to be anywhere close to it at all.
Knowing About Street Racing Consequences
Our street racing consequences overview will inform you about what happens when someone engages in highway racing. The recklessness of speed while racing on the highway puts many people at risk. Even those not involved in the race. The penalties in place should help prevent drivers from partaking. Because racing on public roads is a careless activity.
Want to learn more about traffic laws and find a good lawyer when facing criminal charges? Visit the website for RHINO Lawyers and read articles on their blog that cover a wide range of topics from criminal offenses to unpaid traffic tickets.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
How Penalties Rise Depending on Speed Limit
In 2020 alone, Florida law enforcement gave out nearly 550,000 speeding tickets. Officers issue speeding citations when someone exceeds the speed limit. You can then receive a fine for speeding.
But a fine is not the only penalty for speeding in Florida. You may end up paying higher insurance premiums. And you will incur points to your driving record.
Luckily, fighting your speeding ticket in traffic court can help you avoid these consequences. We will talk more about how our attorneys can help you get out of a Florida speeding ticket at the end.
But first, let’s talk about how the fines you pay for speeding increase depending on how fast you are driving.
What Is the Penalty for Exceeding the Speed Limit in Florida?
There are two types of penalties for speeding in Florida. This includes a warning and a fine. You can not go to jail for speeding tickets in Florida, though you may have to serve time if you are pulled over for reckless driving.
A Warning
There is a common misconception that an officer will only pull you over if you are going 10% or more above the posted speed. Other people will tell you that going a few miles over the speed limit will not result in you getting pulled over.
However, this is untrue. Going even 1 MPH over can get you pulled over. But as long as you keep your speed below 5 MPH, you will only receive a warning. And warnings do not typically come with fines.
A Fine
Going 6 MPH to 30+ MPH over the speed limit will earn you a fine in Florida. The exact amount you pay depends on how many miles per hour you were driving over the posted speed.
You can check out Title XXII Chapter 318.18 to see the speeding fines for yourself. Or keep reading below for a full breakdown.
Driving Points
Florida uses a points system to record driving infractions on your record. There are 3-point infractions as well as 4-point infractions.
Speeding by 15 MPH or less will only incur 3 points on your driving record. Speeding by 15 MPH or more will incur 4 points on your driving record.
License Suspension
The points system is not only used by insurance companies to determine your auto insurance premiums. Officers also use it to track your driving history.
For instance, say you accumulate a total of 12 points on your record. If you accrue these points within 12 months, a traffic court could suspend your license for up to 30 days.
How Much Is a Speeding Ticket?
Florida breaks down speeding fines in the following way:
- 6–9 MPH over the speed limit receives a fine
- 10–14 MPH over the speed limit receives a fine
- 15–19 MPH over the speed limit receives a fine
- 20–29 MPH over the speed limit receives a fine
- 30 MPH or more over the speed limit receives a fine
Here are the fines for each.
Fines for Going 6–14 MPH Over
Going 6–9 MPH over the speed limit is a pretty minor infraction. You could only receive a warning. But most likely, the officer will issue you a ticket plus a $25 fine.
Going 10–14 MPH over the speed limit will incur a $100 fine.
Fines for Going 15–29 MPH Over
The fine for going 15–19 MPH over the posted speed limit is $150 in Florida. The fine for going 20–29 MPH over is higher at $175.
Remember that going 15+ MPH over will earn you 4 points on your driving record. And if you get three of these violations, you will have to forfeit your license for 30 days.
Fines for Going 30+ MPH Over
Going 30 MPH or more over the speed limit is a major traffic violation in Florida. You will have to pay a $350 fine.
If you go 50+ over and have other offenses, you may have to serve jail time. Call a traffic ticket lawyer ASAP to find out your rights in a situation like this.
How Much Is the Fine for Subsequent Speeding Tickets?
The only time you receive a penalty for a subsequent speeding ticket in Florida is if you go 30+ MPH over. When you receive your second citation within 12 months, you will pay a $700 fine.
However, if a traffic court did not convict you of the first speeding citation, you can not get this penalty. Again, this is why it is so important to call a traffic ticket lawyer the first time you receive a citation.
How Much Is the Fine for Speeding in a School Zone?
There are no warnings for speeding in a Florida school zone. If you go 1–5 MPH over, you will receive a ticket and a $50 fine. If you go 5+ MPH over, you will pay two times the regular traffic fines we listed above.
How Much Is the Fine for Speeding in a Construction Zone?
Speeding in a posted construction zone while workers are present can earn you double the fines listed above. However, this only applies if the workers are on the road or adjacent to the road.
How Much Is the Fine for Speeding in a Penalty Zone?
Enhanced penalty zone fines begin at $50 for going 1–5 MPH over. If you go 6–30+ MPH over, you will pay the fine listed above plus $50.
How Much Is the Fine for Speeding on a Toll Road?
Speeding in a zone that collects electronic or manual tolls will earn you two times the amounts listed above. However, you can get out of a toll road fine if there is no traffic control device on that toll road.
Need a Lawyer to Represent You in Traffic Court?
Exceeding the speed limit in Florida comes with fines, points, and a potential loss of your driving rights. The higher your speed when the officer pulled you over, the more these penalties will increase.
Stop falling victim to Florida’s strict speeding regulations. Call RHINO Lawyers today to get a free case evaluation and learn how we can help you fight for your rights in traffic court.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
How You Can Get DUI Evidence Thrown Out in Hillsborough County
Driving drunk is not a light matter. Nearly 750 Floridians died due to car accidents involving alcohol and drugs in 2020 alone.
That’s why prosecutors and police officers take DUIs so seriously. Yet they can be a little too zealous. Many innocent people get arrested and charged with DUIs, often due to aggressive tactics.
If you’re arrested for a DUI, you may feel helpless. But you can fight back once you know how to throw out pieces of evidence.
What is evidence that is never admissible in a trial? How can you contest breathalyzer and field sobriety test results? Can you throw out clips from dashboard cameras?
Answer these questions and you can clear your name of a DUI charge in no time. Here is your quick guide.
Fruit of the Poisonous Tree
“Fruit of the poisonous tree” refers to any evidence that is obtained illegally. Even if the evidence is incriminating, a prosecutor cannot bring it up in a trial.
In order to stop you and search your vehicle during a traffic stop, a police officer must have probable cause. They must witness you swerving on the road or looking intoxicated. If they don’t have probable cause, your lawyer can point that out and ask to suppress evidence from the traffic stop.
DUI checkpoints are legal in the state of Florida. But officers must follow several rules, including the “three-minute rule.” If officers detain you for more than three minutes and hold up traffic, your lawyer can argue that the checkpoint itself is unreasonable and inadmissible.
A police officer must have a warrant in order to search you. They cannot pat you down unless they believe they have a weapon on you. Even if the officer discovers alcohol or drugs on you, your lawyer can ask to remove the evidence obtained without a warrant.
If you are arrested for DUI, an officer must read you your rights. Once you invoke your right to silence and ask for an attorney, they must stop asking you questions. If they fail to read your rights or if they do not respect your rights, the DUI evidence can get thrown out.
All evidence that a prosecutor will use in a DUI case must be available to the defense. If prosecutors or police officers fail to hand over the evidence, your lawyer can motion to have the case thrown out.
Hearsay
Hearsay is evidence from a witness who is describing what someone said to them outside of court. A prosecutor may call a witness who testifies that someone told them that you were driving drunk. This is inadmissible, as all witnesses must be present in court for a jury to examine what they said.
There are exceptions to the hearsay rule. If you said something under the stress of the moment, a witness can testify to what you said. But your lawyer can call into question how stressed you were and argue against its relevance.
Faulty Breathalyzer Tests
Many DUI cases hinge on breathalyzer evidence. Though breathalyzers are usually reliable, they are not perfect.
Medications can skew results, and rare medical conditions can lead to false readings. Diabetes can result in the production of ketones, which are waste substances that the liver produces. Ketones can linger in the breath and trigger a high reading on a breathalyzer test.
Officers must follow very specific rules for breathalyzer tests. The test must be given in a “reasonable time” after you are pulled over.
Your blood alcohol content can rise for up to an hour and reach levels above the state limit. If your test was given an hour later, your lawyer can point this out and tell the judge the evidence is invalid.
Your lawyer can also examine the machine itself. A poorly maintained machine may produce false readings. The officers may not have cleaned the machine properly, leaving alcohol residue inside that resulted in a high reading.
Improper Field Sobriety Tests
You can refuse a breathalyzer test, but your license will be suspended. Yet you can refuse all field sobriety tests without any legal penalties.
Even if an officer demands that you perform a test, you can decline to do so. If you perform tests under a threat of violence, your lawyer can tell a judge about that and get the evidence thrown out.
Many field sobriety tests are difficult for sober people to perform. You may have difficulty with your balance or coordination, causing you to fall over during a test. During the test, you may get anxious or confused, causing you to fail.
Incomplete and Inaccurate Evidence
Prosecutors like to use dashboard footage to establish probable cause and show that evidence was obtained legally. They often use a snippet to show a driver swerving or not answering questions coherently.
This evidence is selective. Your lawyer can play the entire tape and show that you were driving fine and answering other questions well.
Your lawyer can also argue that the jury needs to see the entire tape from start to finish. If they cannot, the snippet should be thrown out for being selective.
How to Throw Out DUI Evidence
A DUI arrest may not lead to a conviction. Illegally obtained evidence is always inadmissible. Most forms of hearsay evidence are inadmissible, and any hearsay evidence brought up in court can be challenged.
Breathalyzer tests can be imperfect, especially if you have a pre-existing medical condition like diabetes. You can refuse field sobriety tests outright, and you can point out that dashboard footage has been selectively edited.
The best way to fight against DUI evidence is to hire a lawyer. RHINO Lawyers helps DUI defendants throughout Florida. Contact us today.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
What Happens if You Have Multiple DUIs?
With over 32,000 DUI arrests as of 2020, Florida accounts for 3% of all DUI arrests made in the country. DUIs in the Sunshine State are severe and carry increased penalties for every subsequent conviction. Even more, it’s highly likely that the prosecution will be extremely aggressive.
If you were charged with DUI in the past, getting charged again may trigger strong emotions. Every prior DUI charge on your record will raise the odds and consequences. So, what should you expect from the justice system in such a predicament?
Read on to find out.
Florida DUI Penalties
Your record and the circumstances surrounding the offense will determine the sentence for a DUI conviction. These circumstances include your blood alcohol content (BAC), liability for the accident, and passengers in the vehicle.
A BAC exceeding 0.15 percent will attract higher fines and lengthy jail sentences. The court may also require you to use an ignition interlock device.
Penalties for a first DUI if your BAC was below 0.15 percent include a maximum fine of $1,000, 50-hour community service, and enrolment in a level one DUI program. Other penalties include a six-month jail sentence (with one year of probation), license revocation for 180 days to one year, and your vehicle being impounded.
Penalties for Second DUI with a BAC below 0.15 Percent
A second DUI conviction will attract a maximum fine of $2,000 and license revocation for 180 days to a year. You may also face a 9-month jail term (with a year of probation) and attend a level two DUI school. Expect your vehicle to be impounded for 30 days and an ignition interlock device installed in your car for six months.
If you commit the second DUI within five years of the first charge, you will spend a minimum of ten days in jail. The authorities will also revoke your license for five years.
Penalties for Multiple DUIs
Your DUI charge will be considered a felony if you face a third DUI in ten years of your previous two convictions. The same will apply if you face a fourth DUI charge.
Penalties for a felony DUI include a maximum fine of $5,000 and license revocation for ten years. You may also face a 5-year prison term with a minimum 30-day jail sentence.
Other multiple DUI penalties in Florida include your vehicle being impounded for 90 days, having an ignition interlock device in the car for two years, and enrolling in a level three DUI school.
Paths to Take When Facing Multiple DUIs
Your options for navigating multiple DUI charges are few since the penalties are severe. You may have to take a plea deal and accept the potential consequences. With the help of a lawyer, it’s possible to have the charges withdrawn for lack of evidence before the trial date.
You can negotiate for a reduction of charges with your counsel’s help. If others fail to work, fighting the charges head-on at trial can be the last option.
How to Improve Your Chances of Beating The Case
A good defense strategy can increase your chances of beating a DUI case. All that matters in the defenses is the facts of the case. And the right person to help you argue your case in court is a DUI defense attorney.
Your attorney may argue a lack of reasonable suspicion during the traffic stop. They may also suggest that the arresting officer followed improper procedures before the arrest. Other defenses include evidence mishandling and reasons invalidating the breath test results.
Effects on Your Criminal Record
Since DUI qualifies as a criminal charge, each conviction results in a felony or misdemeanor on your record. Multiple DUI convictions will stay on your record for life. They will appear in Criminal History Records.
Note: a DUI conviction will also appear on your background check and your criminal record for 75 years. And there’s no way to expunge the conviction.
Can You Still Get a Job?
Multiple DUI convictions won’t bar employers from hiring you. However, expect many employers to carry out background checks when considering you for a job position. Also, a lengthy driver’s license suspension can make it hard to find employment.
Since Florida is considered an at-will employment state, you risk getting fired from your job due to a DUI arrest or conviction. The termination will depend on your occupation, industry, employer’s policies on DUI, and your existing relationship with the employer.
You risk losing your job after being convicted for multiple DUIs for several reasons. First, since you will be spending a lot of time in court, it will be difficult to maintain your work schedule. Jail time and attending DUI school will also put you out of work.
How Multiple DUIs Impacts Other Aspects of Your Life
Multiple DUI convictions may make it harder for you to secure rental housing. This is because landlords do background checks, and some aren’t accommodating to tenants with a criminal record.
If you are yet to become a US citizen, a subsequent DUI conviction can take a toll on your immigration status. You risk facing deportation depending on the circumstances behind the DUI charge.
You may also lose your right if the DUI charge qualifies as a felony. The authorities may also revoke your rights to own a firearm due to multiple DUI convictions. Other life aspects that may be affected include child custody disputes, obtaining a professional license, and getting auto insurance.
Need Legal Help When Facing Multiple DUIs?
Facing multiple DUIs can make your life more complicated and risk your freedom. But with the right legal representation, this experience will be less daunting. Your attorney will help with the negotiations and defenses to improve the outcomes.
Trust RHINO Lawyers with your case, whether it involves criminal defense or personal injury. Our attorneys will involve you in developing unique strategies to help your case. Schedule a free case analysis now to get the answers you need.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
What Are the Penalties for Fleeing and Eluding in Tampa?
There’s a huge, palpable feeling of fear during a traffic stop, and that anxiety goes both ways!
Citizens fear police consequences and violence, while police also fear what they’re facing. This fear drives both parties to protect themselves. For some, this instinct to flee could result in criminal charges like eluding an officer.
Make no mistake about it, though. You won’t be able to use instincts as a defense against fleeing and eluding charges. You’ll need to construct a much better defense to avoid fleeing and eluding penalties.
Are you wondering what potential penalties you could face after an arrest? Read on to get informed.
1. Prison Sentence
Immediately upon getting arrested for fleeing to elude a charge, you’ll get taken to jail. Within a few days, you’ll have an initial hearing where a judge will set a bail amount.
For many, this is a relief because they can make bail and work on a defense strategy. For countless others who can’t make bail, it means an extended prison term until their court date.
The Bureau of Justice reported that 65% of inmates were awaiting trial in 2019.
When you’re charged with fleeing to elude, you should expect bail to be significant. After all, the judge will see you as a flight risk since you are already accused of trying to run away.
What’s more, your charges are a felony crime. These serious offenses come with higher bail amounts.
If you do get convicted, then you’ll serve even more prison time after your court date. In Tampa, you can serve up to five years in prison for fleeing and eluding.
2. Probation Term
If no aggravating factors exist in your case, then you might not serve much prison time. Instead, you could get sentenced to a very long probation term.
Per Tampa law, you can serve up to five years on probation for general fleeing to elude convictions.
Probation means that you will not get imprisoned, but you’ll still face restrictions. Expect to meet with your probation officer on a weekly or monthly basis. You may also be subject to the following terms:
- Allowing probation officers to come to your home or workplace
- Remaining employed during probation
- Paying any court-ordered restitution, penalties, or fines
- Not traveling outside of the county or city
- Submitting to drug or alcohol testing
- Refraining from committing any new crimes
- Not possessing or buying any firearms
Any violations of your terms of probation could lead to your arrest. You’ll face more criminal charges and likely end up in prison or jail.
What’s more, felony probation is stricter than other types of probation. Expect more frequent and intense monitoring.
3. Fines
As if imprisonment or probation weren’t enough, you’ll face more criminal consequences. These will come in the form of significant court fines and penalties.
With eluding charges, expect to face fines of up to $5,000. If sirens were activated and you were driving recklessly, then the fine might double.
Did you actually cause an accident while fleeing? Were others injured, or was property damaged? If so, then you might face more financial penalties in civil court.
If injured individuals seek out a claim, then you might be liable for their losses. In that case, you’ll need to stay up to date with this civil settlement to remain in good standing.
4. License Suspension
Another consequence of your arrest will be an automatic license suspension.
This suspension can last anywhere from one to five years. You will not have driving rights, which could impact work and personal relationships.
You do have the right to a DMV hearing if you request one, though. You’ll need to request this hearing within 30 days of your arrest. Otherwise, an automatic suspension will occur.
There’s a chance you can ask for a hardship license, which will allow you to get to work. This will only work if you have a stable job, though. It’s best to hire a lawyer to help with your DMV hearing.
5. A Loss of Civil and Constitutional Rights
All the penalties above are harsh, but they aren’t all you’ll contend with. Fleeing a traffic stop is a felony offense.
Felony arrests come with very specific consequences. If you get convicted, then you could lose certain civil and Constitutional rights. After your conviction, you’ll lose the following rights:
- Voting
- Possessing or owning a firearm
- Unrestricted international travel
- Ability to serve on a jury
- Applying for public assistance or housing
- Right to be free from discrimination for employment purposes
- Right to qualify for financial loans
Per Florida law, losing these rights is automatic and instant if you get convicted. Any violations of these conditions will result in more criminal charges against you.
It might be possible to regain your rights in the future if you expunge your record. This process is long, tedious, and not guaranteed. If you’re considering expungement, then you’ll want an attorney’s help.
6. A Loss of Future Opportunities
The criminal and civil penalties of a fleeing and eluding conviction are hefty. As if that wasn’t enough, you’ll likely suffer personal consequences for years to come.
Convicted felons struggle when it comes to finding stable employment. What’s more, your personal relationships will suffer after prison or probation.
Even once you’ve served your time, the ghost of your conviction will limit your opportunities. You might feel limited in where you can work, live, and be yourself.
Coping With Fleeing and Eluding Charges in Tampa
The penalties associated with fleeing and eluding an officer are significant. Considering your charge is a felony offense, the consequences couldn’t get much worse!
From prison time to losing civil rights, your sentence could be harsh. The best way to avoid the worst penalties is to hire a criminal defense lawyer to help.
Here at RHINO Lawyers, we value your freedom and understand what’s at stake. We’ll fight to work towards the best possible legal outcome in your situation.
Leave your contact details on our form now for a free case evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
When Can Tampa Police Search Your Car?
On average, police pull over 50,000 drivers every day in the US – that’s more than 20 million motorists each year. So if you see those flashing lights and get that sinking feeling in your stomach, you’re far from alone. But the police have rules they must follow during a traffic stop.
But if you’re a Tampa motorist, it’s good to know what the law says about lawful and unlawful searches. The police are not authorized to stop you and search your car for just any reason. They need to have lawful grounds before they proceed.
Let’s take a look at when the Tampa police are within their rights to search your car.
Do Tampa Police Need a Warrant to Search Your Car?
In short, the answer is yes, they usually do.
If the Florida police search your vehicle without a warrant any evidence they produce will likely be inadmissible in court. To obtain a search warrant, the police must convince a judge that there is probable cause to believe either:
- A crime is in progress
- They will be able to uncover evidence of a crime in that location
The police provide an affidavit – a written statement given under oath. The suspect does not have an opportunity to contest the warrant at this point. However, they may be able to do so later.
Some grounds for issuance of a search warrant include:
- Recovery of stolen property
- Items used in criminal activity
- Items of an obscene nature or related to gambling
- Violates laws relating to the manufacture, sale, and transportation of intoxicating liquor
- Violates food and drug laws
You have a right to retain a duplicate copy of the original search warrant and an inventory of any property seized.
Even when the police have a warrant, they are not authorized to go beyond its terms. They may only search for the item or evidence specified on the warrant. However, if they find other evidence or illegal materials during the course of this search, they may seize them.
When Can Tampa Police Conduct a Vehicle Search Without a Warrant?
There are several scenarios in which a Tampa police officer may be able to conduct legal searches without a warranty. These include providing consent, probable cause, search incident, and emergency purposes.
Providing Consent
At a traffic stop, a Tampa police officer may request your explicit permission to search your vehicle. If you provide it, they may legally proceed with the search.
However, you have the right not to be coerced or intimidated into giving consent. If you feel that this was the case, talk to your lawyer about this.
Probable Cause
During a routine traffic stop, the police officer may feel that something is amiss. For example, if they catch sight of contraband in plain view, that is probable cause to search your vehicle. They may also smell drugs and that would constitute probable cause.
If they have reason to suspect that you have contraband in your vehicle, they may only search where it may reasonably be stored. Drugs can be stored anywhere, so in this case, the officer would have the right to search the entire vehicle.
Incident to an Arrest
To protect law enforcement officers, they may search your vehicle for weapons or other evidence during the course of an arrest. For example, if the police are arresting you for possession of contraband, they can use this power to search your vehicle. This serves several purposes:
- Protecting the police officers
- Preventing escape
- Preserving evidence
If you are arrested for any lawful reason, the police have the right to perform an inventory search on your vehicle. The purpose of this search is not to find contraband or evidence. But if the police do find this, it could form part of the case against you.
Emergency Purposes
Obtaining a search warrant takes time. If the police officer judges that the delay would put the public’s safety at risk or could result in evidence being destroyed, they may search your vehicle.
What to Do During Tampa Police Vehicle Searches
Vehicle searches can be very stressful even when you have got nothing to hide. It’s very important to remain calm, respectful, and cooperative.
Remember, you have the legal right to withhold consent for the officer to search your vehicle. Under these circumstances, they would have to use one of the other reasons mentioned above for performing the search.
During the traffic stop, you are not legally obliged to answer questions relating to:
- What is in the vehicle
- If you are under the influence of drugs or alcohol
- If you are in trouble for any other reason
The police could use your answer to these questions as probable cause to search the vehicle. Although you do not have to provide information, you must also not lie to the police.
If the Search Goes Ahead
If the Tampa police feel they have established probable cause or another reason for performing the search, do not confront them or attempt to stop the search. You may calmly restate your refusal to provide consent, which should be recorded on their body camera.
Remain calm throughout and feel free to note down details that you may find useful later.
Unlawful Search and Seizure
We all appreciate the hard work and dedication of Tampa police officers. However, they may not violate the law or our civil rights. If you feel that your search and the seizure of any goods from your vehicle were unlawful, follow this up with an attorney who can investigate your case.
Your attorney will be able to gain access to body cam and dash cam footage of the incident. If the search was unlawful, he or she can file a motion to have illegally obtained evidence thrown out.
What to Do if Tampa Police Unlawfully Search Your Car
If your vehicle has been unlawfully searched by the Tampa police, you need help from an attorney.
En RHINO Lawyers, we’re here to review your case and provide any legal assistance you may need. Call us today at (844) RHINO-77 o contact us online for a free case review.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más
Consequences of Leaving the Scene of an Accident in Tampa
Between 2012 and 2021, there were over 710,000 hit-and-run crashes in Florida. From fender-benders to crashes resulting in deaths, hit-and-run accidents carry serious consequences. If you’ve been in an accident that has caused property damage, injury, or death, you must remain at the scene.
If you leave the scene of an accident, you face charges as well as potential fines. The penalties get more severe the more serious the crash is. Read on to learn more about the consequences of leaving the scene of an accident. And what you should do instead.
Florida Laws
Florida law requires you to call the police if you are involved in an accident that results in injury, death, or property damage in an “apparent amount of at least $500.” Because it’s hard to estimate how much damage a crash does and how much it may cost to repair a vehicle, it’s safe to assume that if you are involved in any crash with visible property damage, call the police.
It’s always better to err on the side of caution and call them when you don’t really need them than the alternative of not calling and facing charges.
If you do not call the police, you face a potential noncriminal traffic infraction, which usually involves a fine. However, if there is significant damage, injury, or death, you are facing criminal charges, fines, potential prison time, and revocation of your license if you do not call the police and stay at the scene of an accident.
Fleeing an accident scene is almost a guarantee that your charges are going to be greater and your penalties stiff than if you had simply remained at the scene and dealt with law enforcement.
They will search for you and they will find you. It will be much harder to mount any sort of defense if you flee than if you stayed and faced the consequences.
Crashes Involving Vehicle or Property Damage
The penalties for leaving the scene of an accident depend on the extent of the car crash and the damage done. If it is an accident that results in damage to your vehicle, another vehicle, or property damage, and you flee the scene, you can face second-degree misdemeanor charges.
The potential penalties for a second-degree misdemeanor in Florida include:
- Up to 60 days in jail
- Up to six months of probation
- A fine up to $500 with $5 added to be deposited in the Emergency Medical Services Trust Fund
The penalties increase if there were injuries as a result of the accident.
Crashes Involving Injuries
Leaving the scene of an accident that involved injuries (but not death). Florida considers this a third-degree felony. In order to convict you of this charge, the state attorney must show that you knew of your involvement in an accident. Plus, that you knew or should have known, that a person was injured, and that you failed to stop at the scene and remain there.
If convicted, you face the following penalties:
- Up to five years in prison
- A fine up to $5,000
- Up to five years of probation
Crashes Involving Death
When you leave the scene of an accident after a death has occurred, you are facing first-degree felony charges. The state attorney must show that you knew that you were involved, knew or should have known about the death, and didn’t stop and remain at the scene.
First-degree felonies come with the potential of:
- Up to 30 years in prison
- A fine of up to $10,000
- Up to 30 years on probation
Administrative Penalties
Not only do you face criminal charges and penalties when you leave the scene of a car crash, but you’ll also face administrative penalties, such as losing your driver’s license.
When you are involved in a crash that causes injury and death and you flee the scene, your license may be revoked.
Your Duties After a Crash
When you are involved in any sort of crash that results in damage or injury. Then there are certain duties that you have in Florida, including:
- Remain at the scene
- Provide your contact information, including your name and address
- Provide the registration number of the car you were driving
- Show your driver’s license
- Provide reasonable assistance for anyone who is injured (calling an ambulance, etc.)
If you hit a car that is parked, you must try to find the owner. And if you cannot, you must leave a note with your contact information and information about the crash. You are not legally required to stay at the scene until the owner of the car or other property returns.
Leaving the Scene of an Accident: Don’t Do It
There are many reasons for leaving the scene of an accident. Most of them involve trying to avoid trouble of some sort. Such as if you were driving under the influence, driving with a suspended license, or having a warrant for your arrest. It is almost a guarantee that law enforcement will find you if you flee and you will then be in more trouble.
Not only will you not avoid getting into trouble from the accident. But you are also going to face even more consequences for leaving the scene. Your best option is to remain at the scene and face any repercussions that may come your way. If you are taken into custody at the scene, contact an attorney as soon as you are able.
Contact us en RHINO Lawyers. We focus on criminal defense and traffic violations and can provide a free case evaluation.
CONTACT TAMPA TRAFFIC TICKET ATTORNEY
RHINO Lawyers can help and guide you through a system molded by law enforcement, judges, and lawyers for decades. Having won cases for our clients in similar circumstances, our criminal defense team knows what it takes to fight on your behalf.
Let RHINO Lawyers answer your questions and review the facts of your case with a Free Consultation. So, get started by completing the “Free Instant Case Evaluation” or by calling us any time, day or night, at (844) RHINO-77.
Leer más