by seligman | Aug 26, 2012 | Fort Lauderdale Criminal Defense Blog
In Florida a DUI can result in an immediate suspended license. When a DUI results in a suspended license, you may be just plain stuck and getting around becomes more difficult. A Fort Lauderdale, Broward County suspended license lawyer may be able to help with a hardship license, or you may have to explore other options, including public transportation. The key is acting fast and hiring a suspended license lawyer so you can get back on the road again. If you have been arrested for DUI in Florida, you only have 10 days from the date of your arrest to fight the administrative suspension of your driver’s license through a Formal Review Hearing. You should always fight the administrative suspension of your driver’s license after an arrest for driving under the influence. You will need an experienced DUI, license suspension lawyer. The Fort Lauderdale Florida DUI Administrative Suspension Process After a Fort Lauderdale DUI arrest your driver’s license will be administratively suspended if you either took the breath test and blew over the legal limit or if you refused to take the breath test. The “hard suspension” refers to the time period in which you are not able to obtain a “business purpose only” or restricted driver license. In other words, during the hard suspension you can not drive for any reason. If you are caught driving, then you will not qualify for the “business purpose only” driver license for the remainder of the suspension period. First Offense If you took the breath test then your Florida driver’s license will be suspended for 6 months with a 30...
by seligman | Aug 1, 2012 | Criminal Defense Legal News
As a criminal lawyer and criminal appeals lawyer in Ft Lauderdale for over 2 decades, I have had the opportunity to defend all types of criminal cases. I have also seen errors within the trial process that have lead to a successful criminal appeal. These errors must be at the judicial level and the must be so serious as to have resulted in a different verdict. If you feel the trial was not fair, and who would not, Fort Lauderdale criminal appeals attorney can attempt to get the verdict overturned thru the criminal appeals process. You cannot appeal simply because you think the jury came to the wrong conclusion. In order to overturn a conviction, or throw out a sentence, the appeals court must find a judicial error that was so prejudicial that the verdict likely would have been different. This is a complex process and must be handled by an experienced criminal appellate lawyer. Below is an interesting article taken from the Florida Bar website. The criminal appeals process is highly detailed and costly. To discuss your criminal appeal call my law office today. The Appellate Decision-Making Process by by Raymond T. (Tom) Elligett, Jr. and Judge John M. Scheb The appellate practitioners spend hours preparing briefs, and when available, oral arguments. When the “curtain closes,” the advocates leave the case with the court. Counsel may feel his or her work is done, and it is. But thinking about how appellate judges decide cases may assist in presenting the appeal and, for appellants, analyzing whether it stands a real chance of success. This article examines aspects of the...
by seligman | Jul 23, 2012 | Fort Lauderdale Criminal Defense Blog
If you have a suspended drivers license in Florida and you need a drivers license to work or for business purposes you may be able to get a business only hardship license. You may want an experienced suspended license lawyer to help you. Florida permits application for a hardship, Business Purpose Only (BPO) license after a first-time DUI conviction. To qualify for a BPO license, you may be required to successfully complete "DUI School" or any other mandatory substance abuse evaluation(s). Generally, a first-time DUI offender must abstain from driving for 30 days, if the driver took the breath test. However, a license may be suspended for up to 90 days, if the driver refused the breath test before becoming eligible for a hardship license. * Disclaimer: This summary was prepared by the Department of Highway Safety and Motor Vehicles and should be used as a reference only. Interested parties should refer to the full text of the law before drawing legal conclusions. DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. Fine Schedule s. 316.193(2)(a)-(b), F.S. First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Second Conviction: Not less than $1,000, or more...
by seligman | Jul 17, 2012 | Fort Lauderdale Criminal Defense Blog
Guy Seligman is an experienced suspended license reinstatement lawyer for DUI convictions. If your license has been suspended for a DUI speak to a lawyer with almost three decades experience in Florida. Get your driving license priviledges reinstated. Florida DUI and administrative suspension laws are very strict in Florida. Your driving priviledges can be easily lost for habitual DUI offenses and expecially for traffic accidents causing injury to another while under the influence. This summary was prepared by the Department of Highway Safety and Motor Vehicles and is being offered as a service and used as a reference only. Interested parties should hire an experienced DUI license suspension lawyer. DUI (Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances). s. 316.193, F.S. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. The penalties upon conviction are the same, regardless of the manner in which the offense is proven. Fine Schedule s. 316.193(2)(a)-(b), F.S. First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000. Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000. Third Conviction More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000....
by seligman | Jul 17, 2012 | Fort Lauderdale Criminal Defense Blog
Is having something negative on your driving history stopping you from getting your professional license? Our skilled expungement and license reinstatement lawyers are here to help. A criminal conviction can affect an individual during the licensure or certification process. Are you a medical professional, pilot, trucker or ship captain arrested for a DUI ? You can lose your license. Loss or suspension of a professional license, such as a medical doctor, nurse, pharmacist, lawyer, dentist, accountant or engineer can affect the offender as well as the people who are dependent on him or her. Authorities across the state of Florida review court records, run fingerprint checks and investigate complaints. Professionals without clean records face license revocation or suspension. If you want to be a doctor, dentist, or some other professional they are going to look seriously at your criminal background and how it relates to your job. Administrative Disqualification Law For Professional Drivers First Disqualification for Driving a Commercial Motor Vehicle With an Unlawful Blood Alcohol Level (.04 or above): 1 year disqualification driving a motor vehicle while he or she is under the influence of alcohol or a controlled substance: 1 year disqualification First Disqualification for Refusal to Submit to Breath, Urine or Blood Test Arising from the Operation of a Commercial Motor Vehicle: 1-year disqualification Second or Subsequent Disqualification for Refusal to Submit to Breath, Urine, or Blood Test Arising from the Operation of a Commercial Motor Vehicle: permanently disqualified. Second or Subsequent Disqualification of driving a motor vehicle while he or she is under the influence of alcohol or a controlled...
