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Jail or Treatment

Jail or Treatment

If an individual is charged with a second or subsequent DUI, they should know that the minimum jail sentence required can be satisfied by jail or treatment in a residential facility.  For example, if you are charged with a third DUI within ten years there is a mandatory thirty day jail requirement as part of your sentence.  However, if the court approves, all or part of this sentence may be served in a residential Read More

DUI

Diabetes and DUI: Legal Defenses for Diabetics charged with DUI

Diabetes and DUI are complicated legal and medical issues. If you have diabetes and are arrested for DUI, you may have a defense.  Especially if you took a breath test and blew over the legal limit. Contact our experienced Trinity DUI defense attorneys to discuss your defenses.

Most people think breath tests are accurate.  Breath tests are not always accurate, especially if you have certain medical conditions. Diabetes can significantly affect the accuracy of the … Read More

Search

Can the police search social media profiles? YES and they do

Can the police search my social media profile?  Yes and they do. Police regularly search social media for evidence of crimes, to see who you associate with, to see if they can get you to admit to crimes.   CNN reports that 4 out of 5 police have used social media during an investigation.  That number is probably higher than anyone wants to admit.

Why are the police looking at your pictures and posts on … Read More

DUI

DUI Eye Tests – Horizontal Gaze Nystagmus

When you are stopped for suspicion of DUI, the officer may give you a DUI eye test, called the Horizontal Gaze Nystagmus or HGN.  It’s one of the ways police officers use to determine a driver’s sobriety. You may have seen this where the officer holds a pen light up to your eye and tells you to follow it without moving your head.

One of the more popular exams is the Horizontal Gaze Nystagmus (HGN) … Read More

Culpable Negligence

Negligent Homicide

Many have heard the term Negligent Homicide in cases involving DUI or discharging of a firearm causing death. There is a specific term used in Florida criminal statutes known as Culpable Negligence that defines what kind of behavior can be criminally prosecuted if the negligent behavior causes death. The actual charge would be Aggravated Manslaughter, a first  degree felony, and the State would have to prove that you caused the death of another acting … Read More

Will I go to jail for DUI?

Many times a client comes into my office asking: “Will I go to jail for DUI?”

Most times, the person has a prior conviction and has some knowledge of the law.

They know that if they have a:

  • second conviction within five years there is a mandatory 10 day jail sentence.
  • that a third offense within 10 years carries a minimum 30 day jail sentence or can be filed by the State Attorney’s Office as
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Restitution

Restitution: Why do I owe so much money?

Restitution

If you were convicted of a crime which involved injury to another person or damage to their property, the court will most likely order that restitution be paid as part of your sentence.  This restitution order can be imposed whether the damage was directly or indirectly caused by you.  The law states that the injury or damage, however, must occur “as a result of the offense” and this can become a point of contention … Read More

Car Crash Auto Accident

DUI Crash Investigation Statements

There is a well known law in Florida that statements you make to a police officer investigating your traffic accident  cannot be used against you at a criminal or civil trial.  The law was made to encourage people to be truthful during accident investigations.  This rule becomes very important if you are later charged with DUI.  DUI Crash Investigation Statements can’t be used against you in a criminal trial.  UNLESS the officer:

  • Specifically informs you
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