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When you are issued a “Business Purposes Only” permit, you are allowed to drive for any purpose necessary to “maintain livelihood.” This type of license operates under Restriction C.  The restriction is limited to driving:

• To and from work
• School or educational purposes
• Necessary on-the-job driving
• To go to church, or
• To see a doctor or medical reasons.

When you are driving with a Business Purposes Only license, it is important to keep driving to a minimum and ONLY for the purposes outlined above and in section 322.271 of the Florida Statutes.  If there was ever a time to err on the side of caution, this is it.  Drive only when absolutely necessary.  Meaning if you can have someone take you to church or to the doctor, do it.  If you can car pool when driving to school, take advantage of it.  If you can use public transportation or it’s feasible to take Uber or Lyft to work, I would definitely consider it.  I always advise my clients to do this and if you happen to work at a job that requires you are present at off-hours such as a server, bartender, nurse, security guard, I always recommend that you have your work schedule and paystubs handy so that you can dispel any suspicions should you be stopped.

Just because you are driving for a valid purpose under your restricted license does not mean that the police officer that stopped you will agree.  It’s definitely better to be safe than sorry when driving with a hardship license.   The consequences are if you are caught driving with a suspended license are severe.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Related Links: What Must Be Proven To Convict Me Of DU? Accused Of Out Of State DUI? Anatomy Of A DUI Case

 

Living in Miami it can seem like all is lost after your license is suspended, revoked or canceled.  However, you may still qualify for a restricted license that allows driving for certain purposes.  You need to be aware that no hardship restriction can be added to a Commercial Driver License (CDL). 

Therefore, anyone who seeks a hardship reinstatement of their driver’s license, must obtain a Class E license.  The Class E license can include one of two restrictions: C Restriction or D Restriction.

Restriction C is known as a “Business Purposes Only” license which allows you to drive for the limited purpose that is “necessary to maintain livelihood, including driving to and from work, necessary on-the-job driving, driving for educational purposes, and driving for church and medical purposes.”  See Florida Statutes, § 322.271(1)(c).

Restriction D is known as “Employment Purposes Only” and that a driving privilege that is limited to driving to and from work or any necessary on-the-job driving.

Violating any of the above restrictions results in a Misdemeanor of the Second Degree and you will lose your driving privilege for the rest of the suspension/revocation period. 

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Related Links: What Must Be Proven To Convict Me Of DU? Accused Of Out Of State DUI? Anatomy Of A DUI Case

 

Most personal injury or car accident lawyers throughout Miami, Broward and South Florida charge 33%-40% of the recovery they obtain for you.  This is known as a contingency fee because it depends on the value of your settlement or jury award.  For example, if we obtain a settlement of $100,000 for you, our fee would be $33,000 if no lawsuit is filed, or $40,000 if a lawsuit was required.  However, you would not pay us anything(!) until your case has been resolved. 

Plus, I have an unwritten rule at my firm that says: our fee will not exceed your recovery.  I don’t care what the contract says we are entitled to, I will reduce our fees so that you net more than we do.  You’re the one that got hurt, and we were privileged to represent you.  While clients need us to fight for them, we need you too.  And I realize who comes first. 

If a personal injury attorney wants to charge you a “retainer fee” or bill you “hourly,” I’d look for new counsel.  Remember, not all Florida injury lawyers have the same qualifications and track record.  Just because an attorney charges only 25% (or less) doesn’t mean that is the better choice.  Assume that lawyer is only able to get you $50,000, they are not as valuable as the lawyer that charges 33% but gets you $100,000.    

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

I realize that after having your world turned upside down as a result of a car accident or injury case, the last thing you want to do after being hurt is pay a retainer fee.  Your focus is on getting better, getting back to work and regaining your health.  Most lawyers who handle accident and injury cases do not charge a retainer fee.  Some, however, will expect you do come up with a deposit for costs up front.  I am not one of those lawyers.

If an attorney in Miami tries to charge you anything up front or do your accident case for anything other than a contingency fee, you may want to consider speaking with someone else.  If I believe in your case enough to take it on, I will be willing to accept a fee once we have successfully settled or won your case that is “contingent” with the compensation that you obtain. 

So you are aware, personal injury lawyers generally charge a contingency fee of 33%-40% at the end of the case.  We don’t charge hourly or retainer fees. 

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

Like so many legal questions about car accidents, the answer is: it depends.  If your injuries are minor, you only had 1-2 visits to the doctor you probably don’t need to and shouldn’t hire a lawyer.  If the damage to your car is being paid by the at-fault driver’s insurance and you did not require medical treatment you need to realize two things: 1). You are very lucky and 2). I doubt an attorney could do much better than you can do on your own. 

However, if your medical bills are greater than $2,500, you missed time from work or are still experiencing pain and physical problems a week or two after your accident, I encourage to at least speak with us.  If the insurance company for the at-fault driver is giving you a tough time or the runaround when it comes to accepting liability (fault), we may be able to help.  Most lawyers offer free consultations so you can have your questions answered. 

Remember, under Florida’s PIP law, you must be seen by a doctor within 14 days and ultimately obtain an Emergency Medical Condition (EMC) in order to receive your full PIP benefits.  That’s why it is always best to at least get checked out immediately after your accident to make sure you are covered and there are no serious problems. 

If you want to speak with a car accident attorney serving Miami-Dade, Broward, Monroe, Palm Beach and Collier County, call me at (305) 707-7345.  Even if you don’t hire us, we can help provide you with valuable information in the form of free books and other materials.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

One of the most common and troubling injuries after a car accident is a herniated disc in the lumbar region of the spine/back.  The lumbar region is in the lower part of the back and is a serious injury because this part of the back controls a lot of what we do in our everyday lives.  Sitting, standing and bending are all affected by herniation to the lumbar spine.

If you have suffered a herniation to the lumbar spine after a car wreck, you should take this injury seriously and it is not something you can ignore.  People often make the mistake of assuming that this will simply go away and take care of itself.  That is false and it will not improve and ultimately go away or become manageable without proper treatment.  Receiving treatment is very important following an accident especially if you are diagnosed with herniated disc(s) in the lumbar spine.  When you do go in for treatment, be sure to communicate all of your symptoms with your doctor.  Doing so will be very important should you decide to file a claim. 

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

1. Get Proper Medical Treatment: Contrary to popular belief and catchy jingles you may hear on the radio, you do not have to call an attorney right away after a car accident in Florida.  The most important you can do is get proper medical treatment.  It is a mistake to put off medical treatment simply because you are worried about the value of your car accident case.  Quick medical care is just as important for your car accident claim or lawsuit as it is to your health and wellbeing.  By failing to get proper treatment and care, you could be contributing to your injuries.  This will reduce the amount of money that you can recover from whoever really caused your pain.

2. Be Honest With Your Doctor: Do not lie or withhold information from your doctor.  Many people who are seriously injured in an accident fail to tell their doctors everything.  Make sure you are communicating all of your complaints to your doctor.  People do this for many reasons.  Mostly because they think the pain will fade or the focus on the broken bones and forget to mention the smaller stuff because it is, well, smaller or they think it’s not related to the accident because it didn’t appear until a few days later.  All of this can hurt your case down the road.  Tell your doctors everything.

3. Document Everything: Gather as much evidence as possible immediately following an accident.  That includes taking pictures, obtaining reports, witness names, etc.  Also, keep track of all medical treatments, hospital and/or doctor’s visits and procedures you received after your injury.  Keep a journal and make a file with dates.

 

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

You definitely do not need an attorney for every small injury case.  In fact, our office does not even accept cases where there’s little or no property damage or the injuries are minor.  Why not?  In small cases, the attorney’s fee and costs might leave little or nothing for you after your medical bills are paid, and that is not fair to you.  While you may not need a lawyer to represent you in a small injury case, you should at least educate yourself and speak with a lawyer.  Remember most lawyer’s initial consultations are free.  Even if you do not have a case (sometimes this is the best advice you can get), you should meet with a lawyer before you sign any forms or speak with the insurance adjuster.

Have You Been Involved In A Miami Area Accident

Have you been hurt in an accident in Miami? If so, you need to speak with an experienced personal injury lawyer as soon as possible. Contact me online or call my Miami office directly at 305.707.7345.

Related Links: How Much Do Personal Injury Lawyers Charge In Miami, Florida? Should I Hire A Lawyer For My Car Accident Case In Florida? Do I Need A Lawyer To Handle My Personal Injury Claim

 

An arraignment is typically the beginning of every criminal case. Arraignment is where the prosecution announces the charges they are filing against you (if any).  This is also where the judge formally addresses the charges against you and asks you how you wish to plea to the charges. The pleas are usually “guilty," “not guilty” or “no contest."

If you have hired an attorney prior to the arraignment date, you could have the option to waive the arraignment. If your attorney files written pleadings on your behalf, you do not have to physically show up to court. If a defendant (through counsel) waives the arraignment, it usually means that he or she is aware of the charges against them, and will plead not guilty.

Normally, the arraignment occurs shortly after the arrest. For in-custody defendants, if an arraignment takes longer than expected, the defendant could argue that his or her constitutional right to a Speedy Trial is being violated. If there is proof that the arraignment was delayed for an inexcusable reason, the case could be dismissed. However, this is most likely not the case.

If the defendant wants, needs, or does not have a criminal defense attorney on the day of the arraignment, the defendant is allowed to ask for a rescheduling of the arraignment day. If this occurs, the judge can reschedule the arraignment for a day that the defendant will have a lawyer present.

To convict you of driving under the influence in Florida under section 316.193(1), Florida Statutes, the prosecutor must prove every element of the charge beyond a reasonable doubt.

The prosecutor MUST be able to prove:

1. You drove or were in actual physical control of a vehicle.
2. While driving or in actual physical control of the vehicle, you

• were under the influence of [alcoholic beverages] [a chemical substance] [a controlled substance] to the extent that your normal faculties were impaired.
• had a [blood] [breath]-alcohol level of .08 or more grams of alcohol per [100 milliliters of blood] [210 liters of breath].

Actual physical control of a vehicle means you are physically in or on the vehicle and have the capability to operate the vehicle, regardless of whether you are actually operating the vehicle at the time.

According to Florida’s standard jury instructions, normal faculties “include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of our daily lives.”

What happens if there is a blood/breath reading in my case?

When the jury hears evidence of a blood/breath reading, Florida law has various presumptions (these presumptions may be overcome with other evidence that you either were, or were not, under the influence:

• Reading below a .05 - If you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol level of .05 and below the jury is to presume that you were not under the influence.
• Reading more than .05 but below .08 - When a jury finds that you were driving or in actual physical control of a vehicle and had a blood or breath-alcohol reading above a .05 but below a .08 there is no presumption either way that you were, or were not under the influence. In this case the jury will consider other evidence to determine whether you were under the influence to the point that your normal faculties were impaired.
• Reading of .08 or more - This evidence alone is enough to find that you were under the influence at the time of driving or being in actual physical control of a vehicle. Note: this evidence may be contradicted or rebutted by other evidence that you were NOT under the influence to the extent that your normal faculties were impaired.

What if I failed the roadside sobriety tests or blew over the legal limit?

There may still be defenses available in your case. DUI law is very complex and has many layers. Don’t assume that because you were stopped, arrested, did not perform to standards on the roadside sobriety exercises and blew over the legal limit of .08 that all is lost. Before you go to court and plead guilty to the charge of DUI, you should seek the experience and counsel of a DUI lawyer in Miami to discuss your case, potential defenses and options.

Do You Need A Miami DUI Defense Laywer?

If you find yourself charged with DUI in Miami you need to speak with an experienced DUI attorney as soon as possible. Please contact me online or call my Coral Gables office directly at 305.707.7345. You should also download my free book "A Six Pack Of Questions That Can Cause A Hangover After A DUI Arrest". This free download provides valuable information and answers to questions about DUI charges that can give you the best chance at winning your case.

Related Links: What Must Be Proven To Convict Me Of DU? Accused Of Out Of State DUI? Anatomy Of A DUI Case