Have You Been Arrested for D.u. I. in Palm Beach County, Florida??
Have you or someone you know been arrested for D.U.I. in Palm Beach, County Florida? Do you know what to do or where to turn for help? Are you scared? Is your friend scared?
So you have been arrested for D.U.I. in Palm Beach County and were wondering what happens next. You say, the officer took your driver's license. Well, the D.U.I. citation, yes that ticket, is your actual driving permit for 10 days. Why 10 days,you ask? Because you probably blew over.08 or refused to give a sample of breath. In either case the officer would take your license. You or your attorney have that 10 days to file a request for a hearing to contest the administrative suspension. You can request an informal or formal hearing. There is a difference but if you hire an attorney hopefully he or she will know which to choose. I always choose formal for my clients.You may subpoena witnesses to the hearing. What do mean you don't know how to subpoena a witness? Well,I do and most other attorneys know to. Speaking of attorneys?
You are probably wondering about all the legal advertisement you are receiving from all those attorneys, including me. How did they get your name you are thinking? In Florida it is a public record. The Sheriff of Palm Beach County has a beautiful, user friendly site which allows the names and addresses of arrestees to be obtained. So when the letters arrive you should read them and maybe call around to a few attorneys to see what they have to say. My guess is they will be vague for the most part. Why? They want you business and don't wish to scare you off! But read carefully, make some calls, and you will hopefully find a competent attorney.
About three quarters of the way down the ticket is your arraignment date. This is the day you must go to court and plead guilty or not guilty. What do mean you are working at 9:00 AM? No, you will be in court or the judge will issue a warrant for your arrest! But if you have hired me or some other attorney we would have entered a Noitce of Appearance and written plea of not guilty. That means that neither you nor your attorney actually had to go to court. So all those defendants who didn't hire an attorney were sitting in the courtroom? Yes, they were!
Since arraigment was waived your attorney will receive a Notice of Hearing in the Mail stating a so- called "case disposition" date. This date will probably be 3-4 weeks following the date that your arraignment was to have taken place. Your attorney will attend on your behalf, you don't have to attend. At the case disposition your attorney will receive the "discovery" from the assistant state attorney. The "discovery" is the packet containing the police reports and certain other documents. Your attorney then requests that the judge give him 30 days to review discovery and the judge will say "waiver of speedy trial", to which your attorney will normally agree. What is a waiver of speedy trial you ask? In a misdemeanor, which a D.U.I. is (although in some circumstances it can be a felony),the time the State has to bring you to trial is 90 days, unless the time period is waived. See, simple! It simply gives the attorney time. So the judge resets the case for another 30 days out.
Upon reviewing the discovery, your attorney sees that a number of motions can be filed.Normally he files them. He gets a hearing date from the judge's judicial assistant, which is further out than the 30 days the judge gave. Depending on the basis of the motions, if granted they might weaken the States case. If a motion to suppress evidence is filed and granted then the State is not allowed to use that particular evidence. This is normally good for the defendant.
Do you have to go to trial, you ask? No! Accepting a plea without trial is entirely your decision. Your attorney can recommend a course of action. But the bottom line is that whether to plead guilty or go to trial is the defendant's choice.
What happens if you are found guilty, you ask? You are placed on reporting probation for 12 months. You will have fines and court costs to pay. You will have to go to the D.U.I. School. You will have to attend 1 session of the Victim Impact Panel (run by MADD, so you can imagine what that is like). You will have your driver's license suspended for 6-12 months and your car will be immobilized for 10 days. Oh, and everything has a cost and you get to pay! Oh, I almost forgot a first D.U.I. in Florida also carries up to 6 months in jail. Jail will not be part of the State's plea offer to you, at least on a first D.U.I. And for the most part most first time offenders are not jailed even if they elect to go to trial and lose, however, it can happen, it actually did happen to one of my clients 7 or 8 years ago. However, it is rare and the judge who gave my client the jail is now a Circuit Court judge and no longer hears misdemeanor D.U.I. cases. No, it hasn't happened to any of my other first time D.U.I. clients! Be aware though that I speak of Palm Beach County. Elsewhere in the State of Florida the judges are not as foregiving and the possibility of jail, after a loss at trial looms large for a first time offender!
So there you have it! A brief overview of D.U.I. There is more to it of course, but this is just to help you get started! And let me leave you with this thought, do not drink and drive! Simple,repeat again, do not drink and drive! Good luck!
Please feel free to visit my website at www.duilawyerofpalmbeach.com or www.expungemyfloridaarrest.com .
Copyright, 2008 by Timothy Foster, All Rights Reserved
So you have been arrested for D.U.I. in Palm Beach County and were wondering what happens next. You say, the officer took your driver's license. Well, the D.U.I. citation, yes that ticket, is your actual driving permit for 10 days. Why 10 days,you ask? Because you probably blew over.08 or refused to give a sample of breath. In either case the officer would take your license. You or your attorney have that 10 days to file a request for a hearing to contest the administrative suspension. You can request an informal or formal hearing. There is a difference but if you hire an attorney hopefully he or she will know which to choose. I always choose formal for my clients.You may subpoena witnesses to the hearing. What do mean you don't know how to subpoena a witness? Well,I do and most other attorneys know to. Speaking of attorneys?
You are probably wondering about all the legal advertisement you are receiving from all those attorneys, including me. How did they get your name you are thinking? In Florida it is a public record. The Sheriff of Palm Beach County has a beautiful, user friendly site which allows the names and addresses of arrestees to be obtained. So when the letters arrive you should read them and maybe call around to a few attorneys to see what they have to say. My guess is they will be vague for the most part. Why? They want you business and don't wish to scare you off! But read carefully, make some calls, and you will hopefully find a competent attorney.
About three quarters of the way down the ticket is your arraignment date. This is the day you must go to court and plead guilty or not guilty. What do mean you are working at 9:00 AM? No, you will be in court or the judge will issue a warrant for your arrest! But if you have hired me or some other attorney we would have entered a Noitce of Appearance and written plea of not guilty. That means that neither you nor your attorney actually had to go to court. So all those defendants who didn't hire an attorney were sitting in the courtroom? Yes, they were!
Since arraigment was waived your attorney will receive a Notice of Hearing in the Mail stating a so- called "case disposition" date. This date will probably be 3-4 weeks following the date that your arraignment was to have taken place. Your attorney will attend on your behalf, you don't have to attend. At the case disposition your attorney will receive the "discovery" from the assistant state attorney. The "discovery" is the packet containing the police reports and certain other documents. Your attorney then requests that the judge give him 30 days to review discovery and the judge will say "waiver of speedy trial", to which your attorney will normally agree. What is a waiver of speedy trial you ask? In a misdemeanor, which a D.U.I. is (although in some circumstances it can be a felony),the time the State has to bring you to trial is 90 days, unless the time period is waived. See, simple! It simply gives the attorney time. So the judge resets the case for another 30 days out.
Upon reviewing the discovery, your attorney sees that a number of motions can be filed.Normally he files them. He gets a hearing date from the judge's judicial assistant, which is further out than the 30 days the judge gave. Depending on the basis of the motions, if granted they might weaken the States case. If a motion to suppress evidence is filed and granted then the State is not allowed to use that particular evidence. This is normally good for the defendant.
Do you have to go to trial, you ask? No! Accepting a plea without trial is entirely your decision. Your attorney can recommend a course of action. But the bottom line is that whether to plead guilty or go to trial is the defendant's choice.
What happens if you are found guilty, you ask? You are placed on reporting probation for 12 months. You will have fines and court costs to pay. You will have to go to the D.U.I. School. You will have to attend 1 session of the Victim Impact Panel (run by MADD, so you can imagine what that is like). You will have your driver's license suspended for 6-12 months and your car will be immobilized for 10 days. Oh, and everything has a cost and you get to pay! Oh, I almost forgot a first D.U.I. in Florida also carries up to 6 months in jail. Jail will not be part of the State's plea offer to you, at least on a first D.U.I. And for the most part most first time offenders are not jailed even if they elect to go to trial and lose, however, it can happen, it actually did happen to one of my clients 7 or 8 years ago. However, it is rare and the judge who gave my client the jail is now a Circuit Court judge and no longer hears misdemeanor D.U.I. cases. No, it hasn't happened to any of my other first time D.U.I. clients! Be aware though that I speak of Palm Beach County. Elsewhere in the State of Florida the judges are not as foregiving and the possibility of jail, after a loss at trial looms large for a first time offender!
So there you have it! A brief overview of D.U.I. There is more to it of course, but this is just to help you get started! And let me leave you with this thought, do not drink and drive! Simple,repeat again, do not drink and drive! Good luck!
Please feel free to visit my website at www.duilawyerofpalmbeach.com or www.expungemyfloridaarrest.com .
Copyright, 2008 by Timothy Foster, All Rights Reserved
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