Arrested for DUI in Naples, Florida?
When convicted of DUI above .15 there are additional consequences in court, such as an ignition-interlock that you have to put on your vehicle before you can reinstate your license. An interlock is a device you have to blow into, to start the car. If we can get the State to agree to resolve the DUI without the "above .15," we can get rid of the requirement for that ignition-interlock device.
If your driver's license was valid at the time of your DUI arrest, your DUI citation is a driver's license for 10 days following the DUI arrest. During those 10 days, you, along with your lawyer, need to make a decision on how to proceed with the administrative suspension that results from a DUI arrest, when you've blown over the legal limit, or refused to blow. If you do nothing and wait for court, there will be an automatic administrative suspension of your driver's license, after the 10 days pass. To avoid that immediate suspension, we can request a hardship license right away, so long as you don't have any alcohol-related priors, and you've signed up for DUI school. The other option is an administrative hearing, which allows your lawyer to interview the witnesses involved in the DUI arrest, at an administrative hearing, to challenge the DUI suspension.
What was the basis for the stop? Driving pattern, crash, anonymous tip, tail light not working, tag light not illuminating properly? If there wasn't a legal basis for the stop, then we file a motion to suppress evidence.
A person arrested for DUI above .08 or refusal has the right to request an administrative hearing to contest the administrative suspension of the driver's license. The request for the hearing must be made within 10 days of the DUI arrest. The administrative hearing is an opportunity to challenge the evidence and question the officers involved in your case.
There is a an option to waive the administrative hearing and get a hardship driver's license. This option requires that you sign up for DUI school within the first ten days after your arrest. I will explain all your rights so you can make informed decisions.
The DUI citation can serve as a driver's license for 10 days. On the botton part of the DUI citation, it says that the citation can be a license. During those 10 days, the lawyer you hire will contact the DHSMV to address the issue of the administrative suspension, and a driving permit.
In Florida, if you have no alcohol-related priors, within the first 10 days after your DUI arrest, you have to sign up for DUI school, fill out an Eligibility Review form, send it to the DHSMV, pay a fee, and they will let you know by email if your eligible for a driving permit for business purposes. As your attorney, I can help you with these steps.
In Florida, after a first DUI conviction, you may be eligible for a driving permit, after you've completed DUI school. You have to fill out an Eligibility Review form, send it to the DHSMV, pay a fee, and they will let you know by email if your eligible for a driving permit for business purposes.
As technology improves, we're getting more video evidence in DUI cases, specifically body-cam video of officers. When I get this video, I upload it to the cloud and send you a link by text message. All you need to do is touch the link, and you'll see all the body-cam videos, and dash-cam videos in your case.
The State must prove you were driving or in actual physical control of a vehicle. If you were out of the vehicle when police arrived, or if the vehicle was broken down, you may have a defense related to actual physical contorl. The State needs a witness to testify that the accused was driving, or in actual physical control of the vehicle. This witness is often referred to as the "wheel witness."
By the arraignment court date, I will have filed a notice of appearance and waiver of arraignment, along with the discovery request, a request for copies of all evidence the State has in your case. Only when the arraignment date passes does the State's obligation to share discovery begin. I will share all discovery with you, including dash-cam videos and law enforcement body-cam videos. If you have more questions, or if you're ready for help, call me or send me a text message.