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Search for Florida DUI
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West Palm Beach DUI Lawyers
- Andrew Stine:
Donšt face your criminal charge alone. Floridašs legal system is incredibly complex, and you need a Florida criminal defense lawyer who not only has comprehensive knowledge of the system, but who will also zealously defend your Constitutional rights.
- Robin Roshkind:
You should consult an attorney for individual advice regarding your own situation.
- Susnar & Geesey:
Unlike civil law, which involves private lawsuits between two or private entities, criminal law involves prosecution by the state or federal government of a person or business for an act that has been classified as a crime. Any act or omission of an act in violation of a public law forbidding or commanding it is considered a "crime." With the exception of strict liability crimes, most crimes consist of three elements: an act (actus reus), a mental state (mens rea), and the intent to do social harm. Crimes are classified as "misdemeanors" (less serious offenses that are normally punishable by a fine like some traffic violations, petty theft, or possession of a small amount of marijuana) and "felonies" (more serious offenses that warrant imprisonment of one or more years such as rape, grand theft, assault and battery, assault with a deadly weapon, or homicide/murder).
In criminal law, the suit is initiated by the state or federal government through a prosecutor rather than being initiated by the victim, as it is in civil law. Plaintiffs in a civil lawsuit only need to show by a preponderance of the evidence that a defendant is 51% or more liable (responsible) for the damages. But the prosecutor in a criminal law case has to prove to the judge or jury "beyond the shadow of a doubt" that the defendant is guilty of the crime charged.
- Amanda Belkin:
Pursuant to 18 U.S.C. Section 16, a "crime of violence" for which a convicted alien may be deported must involve either one of the following:
1. Use of physical force against the person or property of another; or
2. A felony that involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
The Court in Ashcroft interpreted the first definition as requiring "active employment" of force. Accordingly, the Court concluded that a DUI offense is not a crime of violence where the DUI statute under which an alien was convicted does not require proof of any mental state or only requires proof that an individual acted negligently. The Court reasoned that a person convicted of DUI does not actively employ physical force against another, where the state's DUI statute does not require "a higher degree of intent than negligent or merely accidental conduct."
Furthermore, the Court concluded that the second definition does not cover all negligent conduct (e.g., negligent operation of a vehicle), where the negligent conduct at issue did not involve a substantial risk that physical force might be used against another by virtue of committing the offense. The Court distinguished a DUI offense from burglary, which "involves a substantial risk that the burglar will use force against a victim in completing the crime."
- Kate Lynn:
If you are arrested in Florida, the decision whether to answer any questions is entirely your own. You should give this matter your careful consideration because oral statements, as well as, written statements will be received as evidence in court against you.
If you are offered any inducement to sign a document or if you are threatened, coerced, or forced to sign anything, advise your attorney immediately and the senior police official in charge. If you do not have an attorney, you may ask to see one immediately.
If you are unable to afford an attorney, you have a right to be put in touch with the Public Defender immediately. The Public Defender is a lawyer and is available to give you important legal advice following your arrest. If you are in doubt about whether you should talk with the arresting officer or other law enforcement officers, you should wait until you have spoken with an attorney before giving up your right to remain silent.
- Sue Foreman:
Whether you are facing misdemeanor or felony charges, in state or federal court, there is one guarantee: the government will do what they can to try to convict you. You need an experienced and skilled criminal defense attorney to defend you.
- Christopher Haddad:
List of Miranda Rights
1. You have the right to remain silent and
refuse to answer questions.
2. Anything you do say may be used against
you in a court of law.
3. You have the right to consult an attorney
before speaking to the police and to have an
attorney present during questioning now or
in the future.
4. If you cannot afford an attorney, one will
be appointed for you before any questioning
if you wish.
5. If you decide to answer questions now without
an attorney present you will still have the
right to stop answering at any time until you
talk to an attorney
6. Knowing and understanding your rights as
I have explained them to you.
- Ronald
Chapman:
By accepting the privilege extended by the laws of most states to
drive, the courts have determined that you have given your consent to
submit to an approved chemical or physical test of your breath for the
purposes of determining your BAC, and to a urine test for the purposes
of detecting the presence of drugs. Therefore, when you sign your name
on your license, you are saying that if stopped for a possible DUI, you
will accept to take the test.
- Richard Springer:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury must be convinced beyond a reasonable doubt that the
person's blood alcohol content (BAC) exceeded a certain amount. In most
states the legal limit is .10 percent. Therefore, if it is proved that
the person's BAC at the time of the incident was .10 percent or
greater, he or she can be convicted of drunk driving, regardless of how
much alcohol was actually consumed. As a practical matter, one drink
would almost certainly not lead to a BAC of .10 percent or greater;
generally, a person needs to have five drinks in an hour to develop a
BAC of .10 percent. However, if there was something unique about the
person or the drink, or other circumstance, one drink could raise the
BAC above the legal limit.
In contrast, the second definition does not refer to any particular
BAC. It focuses on the driving behavior of the person; if it is
impaired by the person's consumption of alcohol, he or she can be found
guilty of drunk driving. Instead of presenting evidence of the BAC to a
jury, the prosecution seeking a conviction under this definition
generally presents testimony about the person's driving and consumption
of alcohol. A police officer will often describe the impaired driving
that lead him to pull the person over and the person's ability (or lack
thereof) to perform field sobriety tests, such as walking a straight
line. Evidence is also usually presented concerning the person's
consumption of alcohol and if the jury then concludes that the
prosecution has met its burden of proof, it will convict the person of
drunk driving. A susceptible person may exhibit impaired driving after
one drink and therefore be convicted of drunk driving.
- Timothy Foster:
In Florida, a conviction on a 1st D.U.I., can result in 6 months in
jail, probation, a $500.00 fine, license suspension, community service
hours, attendance at a substance/alcohol course, attendance at D.U.I
driving school. And a D.U.I conviction remains on your record for life.
Not to mention, that your automobile insurance may double if you are
lucky enough not to have the company cancel you.
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