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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

 

DUI is usually a misdemeanor with extremely serious consequences, fines, penalties and even the possibility of jail time. However, those consequences are ratcheted up when your DUI carries with it certain factors or aggravators that will make it a felony.

There are two ways your DUI can become a felony:

1. This is not your first DUI and you have multiple convictions:

• Third DUI within 10 years of the second conviction
  • Mandatory 30 days in jail
  • Third-degree felony, maximum sentence of 5 years in prison
  • $2,000 — $5,000 fine
  • 10-year driver’s license revocation
• Fourth or subsequent conviction
  • Maximum prison sentence of 5 years
  • Permanent driver’s license revocation with no possibility of hardship reinstatement
  • Minimum $2,000 fine

2. Aggravating factors such as serious bodily injury or death:

• Cause serious bodily injury
  • Third-degree felony
  • Maximum 5 years in prison
  • $5,000 fine (max)
  • Minimum 3-year revocation
• DUI Manslaughter
  • Second-degree felony
  • Maximum 15 years in prison
  • $10,000 fine (max)
  • Mandatory permanent revocation, may be eligible for hardship reinstatement in 5 years if no prior related DUI convictions
• DUI Manslaughter and Leaving the Scene
  • First-degree felony
  • $10,000 fine (max)
  • 30 years in prison

If you or someone you love is being charged with a felony, do not wait. Enlist the services of a Miami DUI attorney that will fight for your rights and leave no stone unturned in his defense. 

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.

People often ask the difference between DUI and DWI. In Florida, drunk driving laws are classified under DUI, or driving under the influence. While it is quite common to confuse the two acronyms, the answer depends on the laws in the state in which you are in. States define and identify drunk and/or driving under the influence of drugs (or controlled substances) differently. DUI is driving under the influence, the way Florida classifies it. DWI, driving while intoxicated or driving while impaired is commonly used in other states, such as Texas.

DUI is a very serious crime in Florida. The state has some of the toughest DUI laws of anywhere in the country and anyone suspected driving or being in actual physical control of a motor vehicle while under the influence of drugs or alcohol is charged under Florida DUI Statute, §316.193. In Florida, the term DWI is not used in the statutes. If you are looking for more information, read my FREE consumer guide: “ It’s Not Just A Traffic Ticket: A Six-Pack of Questions That Can Cause a Hangover after a DUI Arrest”. This FREE book provides information on how to hire a DUI lawyer in Florida and answers the six questions making your head hurt.

Each state identifies the offense differently by using either DUI or DWI. Some states may apply both DUI and DWI to their laws, while some others have statutes that apply operating under the influence (OUI).

No matter, the terminology used, most states have serious consequences for driving while under the influence. Florida has some of the harshest DUI laws in the nation. Consequences in Florida, even for a first offense can include jail, probation, mandatory license suspension, vehicle immobilization or impoundment, ignition interlock. In addition, a DUI conviction can never be erased from your criminal history meaning that will not only impact and increase your insurance premiums but can also jeopardize your job, professional license, ability to obtain scholarships, get a loan or obtain security clearances.

If you have been arrested for DUI in Florida, you need to act quickly because you actually two problems, not just one. Florida immediately suspends your driver’s license if you were over the legal limit of .08 or if you refused to submit to a breath, blood or urine test. You only have 10 days from the date of arrest to request a formal review hearing to challenge the suspension of your driver’s license. If eligible, you may also request to waive formal or informal review and attempt to obtain a restricted permit that allows you to drive for “Business Purpose Only.”

Either way, you need to enlist the services of a DUI lawyer that focuses their practice on the defense of drunk driving cases and can help navigate both sides of a DUI. I welcome the opportunity to see you for a confidential consultation to discuss your case, goals and potential defenses.

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

 

While you don’t NEED a lawyer do anything, you SHOULD go speak to one and see how they can help you defend yourself against your DUI arrest. Before you speak to ANY lawyer about your DUI educate yourself by reading my FREE consumer guide: “It’s Not Just A Traffic Ticket.” This FREE book provides information on how to hire a DUI lawyer in Florida and answers a six pack of questions that can cause a hangover after a DUI arrest. BEWARE: this valuable information is not popular among so-called “DUI” lawyers looking to take your hard-earned money and simply plea you guilty.

Florida has some of the toughest DUI laws in the country and having an experienced DUI lawyer by your side is a no-brainer. If you go into court and plead guilty, you will have a criminal conviction on your permanent record. Not only will you be dealing with the extremely high costs of a DUI, but you will also have to deal with consequences beyond the costs, fines, fees and possible jail time. A DUI conviction could affect your ability to get to work, prevent you from getting certain jobs, impact your ability to get a loan, make you ineligible for scholarships, obtain a professional license or even get you fired from your current job. You may be able to avoid all of this by fighting your DUI charge in Florida with the help of a skilled DUI attorney.

By seeking the help of a Miami DUI defense attorney, you may be able to build a defense to the charge of DUI and better your current circumstances avoid many of the harsh penalties associated with DUI in Florida.

What questions should I ask a lawyer before I hire them?

• Who will be handling my case?

• How much experience do you have handling DUI cases?

• Are you a former prosecutor or public defender?

• Have you been disciplined by the state bar?

• What are the costs of legal fees, investigators, experts, depositions, transcripts?

• What can I expect the final outcome of my case to be?

What does a DUI lawyer in Miami cost?

There are no hard-and-fast rules when it comes to legal fees charged by attorneys to defend your DUI. Criminal defense, and particularly DUI defense, seems to have some of the largest discrepancies or ranges in fees charged by lawyers. The typical range for a DUI lawyer can be anywhere from $800 to $10,000 for a first DUI.

A general rule of thumb, however, is that the “plea mills” or the “dump truck” lawyers tend to charge unreasonably low fees because they rely on having a volume practice and the amount of work they will put in on your behalf. These lawyers usually go to court a couple of times and convince you to take a plea without really exploring options that are available to you or actually fighting your case. Remember: it’s tough to offer excellent service, high quality of work AND a low price. If you are shopping solely on price you will most likely sacrifice one of the other two qualities—if not both!

Beware, there are some terrible DUI lawyers charging extremely high legal fees and some good DUI attorneys charging their clients much more reasonable fees. Price alone should not be the only determining factor to consider when making your decision on who to hire to defend your DUI.

Most good DUI lawyers that focus primarily on DUI defense will charge anywhere between $4,000 and $10,000 (some even more). The better DUI lawyers charge fees that are reasonable for the amount of work they do, because properly fighting a DUI charge requires a lot of work.

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

 

I was arrested for DUI, what is this going to cost me?

If you have been charged with a DUI in Miami, the cost of even a first conviction can be much more damaging and harmful than the costs of fighting your arrest/charge. Florida has some of the toughest DUI laws and penalties in the country and after a first conviction for a DUI you may be facing costs including:

• Fines – $500-$1,000 (if Blood/Breath alcohol level of .15 or higher or minor children in the car, the fine is between $1,000-$2,000);
• Court costs/surcharges – approximately $600-$650;
• DUI School – $250-$400;
• Treatment (if required) – approximately $250-$500
• Probation – approximately $55 per month ($330-$660) to cover the cost of supervision while on probation (period of probation and incarceration may not exceed one year);
• Vehicle Impoundment or Immobilization – approximately $150 for 10 days or $300 for 90 days;
• Ignition Interlock (mandatory for BAL of .15 and above) – $200;
• Victim Impact Panel – $40
• Cost of prosecution – $50
• Cost Recovery – As determined and requested by law enforcement;
• Donation – $25 Ryder Trauma Center

In addition, after a Florida DUI conviction, you are likely to see a considerable increase in your auto insurance rates. To make matters worse, a DUI conviction could affect your ability to get to work, prevent you from getting certain jobs in the future, impact your ability to get a loan, make you ineligible for scholarships, obtain a professional license or even get you fired from your current job. On the other hand, you may be able to avoid all of this by fighting your DUI charge in Florida.

By seeking the help of a Miami DUI defense attorney, you may be able to build a defense to the charge of DUI and better your current circumstances avoid many of the harsh penalties associated with DUI in Florida.

What does a DUI lawyer in Miami cost?

There are no hard-and-fast rules when it comes to legal fees charged by attorneys to defend your DUI. Criminal defense and particularly DUI defense seems to have some of the largest discrepancies or ranges of fees charged by lawyers. The typical range for a DUI lawyer can be anywhere from $800 to $10,000 for a first offense DUI.

As a general rule of thumb, the “plea mills” or the “dump truck” lawyers tend to charge unreasonably low fees because of the amount of work they tend to put in on your behalf. They usually go to court a couple of times and convince you to take a plea without really exploring options that are available to you or actually fighting your case. Remember: it’s tough to offer excellent service, high quality of work AND a low price. If you are shopping solely on price you will most likely sacrifice the other two qualities.

Beware, there are some terrible DUI lawyers charging extremely high legal fees and some good DUI attorneys charging their clients’ much more reasonable fees. Therefore, price alone should not be the only determining factor when you are making your decision on what DUI lawyer to hire.

Most good DUI lawyers that focus primarily on DUI defense will charge anywhere between $4,000 and $10,000 (some even more). The better DUI lawyers charge fees that are reasonable for the amount of work they do, because properly fighting a DUI charge requires a lot of work.

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

 

YES. Florida has some of the toughest DUI laws in the country. Jail is a possibility in every DUI case, even a first offense. A first DUI in Florida is punishable by up to 180 days in jail, or 9 months in jail if your blood alcohol level was .15 or above or if there was a minor child in the vehicle at the time. Keep in mind these are maximum penalties that can occur in worst-case scenarios.

Obviously, the possibility of having to serve jail time as a result of your DUI depends on the particular facts of your case. No lawyer can tell you how much time you are certain to get—because no lawyer knows!

Some of the factors the prosecutor and the judge will consider when determining whether an individual deserves jail are:

• Property damage or personal injuries caused

• Blood alcohol content (BAC) at the time of driving

• Driving pattern leading up to arrest

• Criminal and traffic record

In addition to these factors, the possibility of jail time greatly increases once the person has prior DUI arrests or convictions. A second DUI conviction within five years of the first carries a mandatory 10-day jail sentence and the possibility for up to 9 months (12 months if .15 and above or minor child in car). A third DUI conviction within 10 years of the previous conviction becomes a third-degree felony and carries a mandatory 30 days in jail, with a maximum of up to 5 years in prison.

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

 

A DUI conviction may never be erased from your permanent criminal record. Florida DUI penalties provide that anyone convicted of DUI receive a mandatory adjudication of guilt. In Florida, once you have been adjudicated guilty (formal conviction of a crime) you are ineligible to seal or expunge your record.

However, depending on the outcome of your case, there may be a way for your record to be cleared so that you can go on living as normal a life as possible without this dark cloud hanging over you. In order to be eligible to seal your DUI arrest you have to ensure that you are not convicted of DUI and the only way to do that is to have the DUI charges dropped, dismissed or reduced. In addition, if your DUI charges are reduced to reckless driving, for instance, you would need to receive a withhold of adjudication in order to be eligible to petition the Florida Department of Law Enforcement (FDLE) to seal your record.

Depending on your prior criminal history (no prior convictions), you may be eligible to seal or expunge your DUI from your record, eliminate it from public view and oftentimes deny it ever happened.

However, if you were found guilty after a trial, plead guilty or no contest to DUI you will likely be ineligible to seal or expunge your record as Florida law calls for mandatory adjudication, meaning you MUST be convicted, on a DUI charge.

Difference between record sealing and expungement in Florida

If your DUI charges were either dropped by the State or dismissed by the Judge and did not proceed to trial, you may eligible to apply to have your DUI arrest expunged from your criminal record.

If your case resulted in a “breakdown” or reduction of the DUI charges to reckless driving and you received a withhold of adjudication, you may be eligible to apply to have your record sealed.

Once you get your record sealed the public will not have access to it. You can legally deny that it ever happened, meaning you can answer “no” if asked whether you have been arrested, charged or convicted. There are still some government agencies that will have access to a record that has been sealed. When your record has been expunged, those same government agencies will only be able to see that your record has been expunged but will not be able to see the full record without a court order.

Be aware, however, that because we live in the information age where pretty much everything is available with the click of a button, records of your arrest may never completely disappear.
Numerous third-party websites and services exist on the internet that have access to public information and then proceed to plaster it all over their sites.

The easiest way to ensure that you will never be able to get a DUI off your record is to go to court without the assistance of an experienced DUI lawyer to help you fight the charges. Walking into court and pleading guilty will guarantee that you will not be able to erase this mistake from your permanent criminal record.

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