DUI Archives - The Law Offices of Travis Koon, PLLC

6th Amendment

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“We the People, in order to form a more perfect union…” Most of us today know that these are the first words of the Constitution of the United States. The Constitution established America’s government and laws, and it outlined certain basic rights for the citizens of our country.

Prior to the U.S. Constitution, the states operated independently, the goal was to bring together the states and ensure certain alienable rights of the people, not allowing the government to become too strong or powerful. It was signed on September 17, 1787, and was amended in 1789. These first 10 amendments are known as the Bill of Rights.

The 6th Amendment to the U.S. Constitution includes several provisions protecting those being charged with a crime. It states:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Let’s look at each one of these rights.

The Right to a Speedy and Public Trial
The right to a speedy and public trial, by an impartial jury of the State; this part of the amendment means that the defendant must be brought to trial for his/her alleged crime within a reasonable short time after the arrest. The defendant also has the right to be tried by a jury of his peers. This gives the person on trial the chance to stand before an impartial jury that is a representation of his community and declare his innocence.

To Be Confronted with the Witnesses against Him
This gives the accused the right to confront the witness who is testifying against him. Not a physical confrontation, but it does allow his defense attorney to cross-examine the witness. This part of the Constitution ties closely with the idea of “innocent until proven guilty”. If it is found that the witness’s accusations are false, then that person will then be charged with perjury – and could face up to 5 years in prison and fines. The penalties are harsh because it is believed that perjury can erode the foundation of the judicial system.

To Have the Assistance of Counsel for his Defense
We have all head the line in the Miranda Rights that states “if you cannot afford an attorney, one will be appointed to you.” This is not something that is offered by the state because they are being nice, it is a person’s right to have a knowledgeable attorney defend you in a court of law.

Having an Attorney
If you are given a court appointed attorney, be sure to tell him/her all the points of your case, and make sure they understand what happened and what you want from them. But if you can afford a Florida criminal defense attorney, then find one that has a proven track record of negotiations as well as court wins. At the Law Office of Travis Koon, we will take the time to completely discuss your case and the best way to approach your defense. We are defense attorneys located throughout the State of Florida, with offices located in Lake City, Gainesville and Miami. Call us regarding your case and we will work diligently to defend you.

Entrapment

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Every so often a case comes to one of our offices that just does not seem right, the facts don’t add up. We have seen instances of arrest being made, and our correct defense is entrapment. This defense is based on the universally accepted fact that it is unjust for law enforcement to encourage an individual to perform a criminal activity for the basis of arresting that individual.

Florida statute 777.201 defines entrapment as:

(1) A law enforcement officer, … induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

Basically, this says that law enforcement is not allowed to encourage or induce an individual into committing a crime.

Once the defense of entrapment has been shown, it is up to the prosecutors to prove entrapment did not occur. The prosecutors must prove beyond a reasonable doubt that the individual was predisposed to commit the particular crime.

There are several questions that need to be answered to determine if entrapment tactics were utilized:

• Was the individual ready to commit the crime they are being charged with?
• Was it a law enforcement officer or agent that inducted the individual to commit the crime?
• Did the individual engage in criminal conduct as a direct result of law enforcement engagement?
• Was the individual encouraged by law enforcement to engage in criminal conduct in order to obtain evidence?
• Did law enforcement provide the individual with the opportunity or means to facilitate the crime?

In Jacobson v. United States (1991) The Supreme Court of the United States found that Jacobson was induced into the crime due to entrapment. In 1985 government agencies became interested in Jacobson’s interest in child pornography and over the next 2 ½ years sent him mailings for fictitious organizations and one non-existent pen pal, all promoting sexual liberation and challenging censorship. Once Jacobson begin to show interest, they began to offer child pornography material, which he eventually purchased – for which he was arrested.

The prosecution was unable to prove that Jacobson would have committed this crime without their direct involvement, and Jacobson’s charges were reversed due to entrapment.

It is illegal for law enforcement or their agents (undercover, informants…) to induce or engage an individual to commit a crime for the sole purpose of arresting them; they cannot create criminals.

At The Law Office of Travis Koon, we understand that there are times when an individual is persuaded to do something they wouldn’t normally do, and we are here to protect those people. As Florida criminal defense attorneys, we will make sure your rights are not infringed upon. Call any one of our offices today (Miami, Lake City, and Gainesville) today to set up a meeting with one of our dedicated attorneys.

Criminal Case? Adjudication Withheld?

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EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

WHAT DOES ADJUDICATION WITHHELD MEAN? 

As sad and unfair as it may seem, a momentary lapse in judgment can have ripple effects for the rest of your life.  Having an open container of alcohol while on a Florida beach or a loud and frustrating argument in public that results in a disturbance or altercation can get you arrested in the state of Florida.

 

It seems all laws have a side note; one interesting fact is that it is possible that a person can be found guilty of a crime, but not convicted of committing that crime.

 

Once a person is arrested, the following sequence of events normally happens.  You would be formally charged, in which case you should hire a skilled Florida criminal defense attorney like The Law Offices of Travis Koon, PLLC. Thereafter, the judge will preside over your case and may have to make a ruling of either adjudicated guilty (found guilty), you plea bargain to a lesser sentence, the case is dropped or dismissed, or the judge withholds adjudication (depending on the crime).

 

Not all states follow this chain of events, but Florida is a state in which the judge is has the authority to withhold adjudication.

 

Basically, withholding adjudication is an interesting option that gives first time offenders, and sometimes those with a minimal history of prior convictions a second chance.  This is done by avoiding a formal conviction of the crime.  There are some crimes in which adjudication cannot be withheld, but hiring a strong Florida criminal defense attorney may help you understand if this is an option in your case.

 

Having a felony (or even a misdemeanor) conviction on your records can haunt you for life.  With a felony conviction, you may:

  • Lose your right to vote
  • Lose your right to possess a firearm
  • Never serve on a jury
  • Incur foreign travel restrictions (put in place by other countries)
  • Potential employers and housing authorities may conduct background searches and withhold employment or housing based on your past criminal record
  • Hold the social stigma of being a convicted felon

 

If the judge rules that adjudication is withheld, this normally means that if the person can pay any fines levied and successfully complete the terms of probation with no subsequent offense, no further action will be taken in the case and there will be no formal conviction of the crime.  Also, this offense is normally not considered a prior conviction in future cases.

 

But if the terms of the probation are not successfully met, a finding of guilty may be entered and the person may be sentenced according to the punishments defined for the offense.  So if the person had adjudication withheld for a 3rd degree felony, and failed the terms of probation, they could then face up to 5 years in prison and fines up to $5,000.00.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

 

Expert Witness

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Personal Injury | No Comments

The prosecutor is trying hard to make a case against the defendant; he/she is desperately explaining how the insignificant details actually do apply to the case.  But now it is the defense’s turn to take center stage and defend their client.  An expert witness is brought in to show why the prosecutor’s argument doesn’t make sense.  The expert witness is the turning point of the case and the trial is over.

So what makes this person an expert witness?

An expert witness is someone who specializes in a particular field or discipline who may present their opinion without having been a witness to any occurrence relating to the case; and they have become qualified in their field through training, accomplishments and special knowledge.  This is the only time when an opinion is admissible in court.

According to Federal Rules of Evidence, rule number 702 states that an expert witness may testify in the form of an opinion if the testimony is based on sufficient facts or data, the testimony is the product of reliable principles and methods, the experts knowledge will help the court understand the evidence or to determine the fact in issue, and the expert has applied the principles and methods to the facts of the case.[1]

A series of landmark decisions, commonly called the Daubert Trio (taken from the Daubert v. Merrill Dow Pharmaceuticals case), by the Supreme Court has established criteria for the admissibility of an expert witness’s testimony in federal courts.  All the following needs to be established:

  • The reliability of the techniques underlying a proposed testimony
  • Peer-reviewed publications supporting it
  • General acceptance of the thoughts and ideas in the relevant field

The attorney may inquire into the reliability in order “to make certain that an expert, whether basing testimony upon professional studies or personal experience, employs in the courtroom the same level of intellectual rigor that characterizes the practice of an expert in the relevant field.”[2]

How they can help you

An expert witness can help establish, beyond a reasonable doubt, that the defendant was not able to perform the crime they are accused of doing. The lawyers at the Law Office of Travis Koon are criminal defense attorneys who have the knowledge and skills needed find and properly use expert witnesses.  The opinion of these people can determine the outcome of a case.

Speak with one of our attorneys today to help fight your legal battles.  We are Florida criminal defense attorneys that will help you every step of the way.  We have offices in Miami, Gainesville, and Lake City; let our experience work in your favor.

[1] https://www.law.cornell.edu/rules/fre/rule_702

[2] http://federalpracticemanual.org/node/38

Talking About Your Case On Social Media

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If you have an open case, stop posting to social media.

Please believe me when I tell you this… posting on social media will harm your case!  If you are arrested and waiting trial, stop posting on all social media sites.  Never, never, never post anything about your case; I recommend you stop posting all together.

Even if you think you are saying something completely irrelevant, the prosecuting attorneys are watching your sites closely to find anything they can use against you; a picture of you with a drink, a picture of you with a friend, a comment on someone else’s photo… they will find it all.

If you have an open case, stop posting to social media.

Don’t kid yourself into thinking that only your friends will see these posts, nothing is private on social media; the entire reason for social media is to share information.  Several courts have ruled that even though the privacy settings are on, social media postings are not private.  Facebook and Twitter even warn users of this in their privacy policies.

Let’s say you are fighting a DUI case, and on your Facebook page there was a picture, taken years ago, of you holding a drink… maybe it’s a good picture and you decide to change it to your profile picture.  The attorney for the other side may see you holding the drink and now he will ask the judge for full access to all you social media accounts.

“A survey of over 1,200 police agencies around the country showed that a whopping 80 percent of officials said they’ve used social media to collect evidence in criminal cases––the majority of which indicating that the information they find there helps them solve crimes faster than they would otherwise.”[1]

Some information that can be obtained from social media is:

  • Background information, witnesses and suspects
  • What the suspect was doing in the weeks, days, or hours before the incident
  • A possible location of a suspect
  • Incriminating photos
  • Information that may support the argument that your actions were planned or thought about prior to the incident
  • Posts or pictures that may incriminate you in a more serious crime or illegal activity

Something so little can have huge ramifications on your case.

If you have an open case, stop posting to social media.

Some real-world universal laws also hold true in social media.  If you post something that may be damaging to your case and then delete it, you can be charged with destruction of evidence, this is a serious charge.

In the case Lester v. Allied Concrete Co., it was argued that Lester and his attorney had removed evidence from Facebook that showed his prior use of anti-depressants and his medical history.  The court granted a warrant for Facebook to release all information, and a complete search was done of Lester’s Facebook account.  A 32-page report was written and presented to the courts.  Imagine a detailed account of everything you have ever put on social media.

So I say to you one last time… If you have an open case, stop posting to social media.

If you need a Florida attorney, call us at The Law Office of Travis Koon.  We deal with criminal defense cases all throughout Florida with offices in Lake City, Gainesville and Miami, and may be able to help you with yours.

[1] http://stangllaw.com/facebook-posts-can-hurt-criminal-case-wisconsin/

Miranda Rights

Posted by | Attorney, Criminal Defense, Drug Crimes, DUI, Seizure | No Comments
DUI

Miranda Rights

If you ever watched a movie or TV show that showed an arrest, you have heard the Miranda Rights being read.  We all know the basics of it, but let’s look at this warning a little more, and dispel some of the misconceptions.

 

The Miranda Warning is simply and explanation of the person’s rights that are given before any interrogation can begin.

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

 

If a person does not understand these rights, then it is best to speak up and say so, have it explained.  But once it is understood, my best advice is to politely stop talking.  Do not explain anything or make any remarks that may be used against you.  Stop talking and call an attorney.

 

In 1963 Ernesto Miranda was arrested and charged with the kidnapping and rape of a woman, he had a prior record as being a peeping tom.  He confessed to the crime but soon recanted saying he was forced and coerced into confessing.  He was found guilty, but the ACLU picked up his case and appealed it.  In Miranda v. Arizona (1966) the Supreme Court found that his Fifth Amendment rights had been violated.  The Fifth Amendment to the United States Constitution covers several issues, which include the right to due process, double jeopardy, but significant to this case because it protects the individuals from self-incrimination.  Miranda was re-tried and once again found guilty – but the Miranda Rights were born.

 

An arrest can occur without the suspect being Mirandized, if the police later decide to question the suspect, the rights will be read at that time.  A person may still be asked common information such as name and age, and can be searched, for the safety of the officer. 

 

It is a myth that if a person is not read their rights that they will not be found guilty of any charges.  It only means that the self-incrementing confession may not be used against them; it has nothing to do with protecting them against the punishment as a whole.

 

If you are arrested and read these rights, please take the advice and do not say anymore.  Call us immediately at The Law Offices of Travis Koon.  We are criminal defense attorneys in Florida and can speak with you about your case.  We are located throughout Florida with offices in Miami, Lake City, and Gainesville.  Before you tell your side of the story, always call and attorney and tell it to us first.  We are here to help you through this trying time.

Breathalyzer

DUI? Field Sobriety Exercises? Attorney Travis Koon

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DO YOU HAVE TO PERFORM FIELD SOBRIETY EXERCISE?  HAVE YOU BEEN ARRESTED FOR DUI AND NEED TO SPEAK TO A CRIMINAL DEFENSE ATTORNEY? 

DUI-Don’t Walk, Talk or Audition for Your Freedom

Lake City, Miami, and Gainesville, Florida Attorney

The charge of Driving Under the Influence (DUI) is usually a misdemeanor, but depending on circumstances may be charged as a felony.  To be considered a DUI, the driver needs to be found with a Blood Alcohol Content of .08 percent or higher and be in control of a vehicle.  But other than that, each state differs in their charges and laws.

 

A DUI may be a felony charge if bodily harm is inflicted onto another person, having a child in the vehicle, having prior DUI convictions, or if driving on a restricted, suspended, or revoked license… again, these laws differ from state to state.  There are too many unknowns for a person to try to fight a DUI conviction alone, please don’t attempt to defend yourself.  If a person cannot afford to hire an attorney, the court will appoint one for you.

 

Because of the differences from state to state and that the ramifications of a DUI charge are severe, it is extremely important to hire a good criminal defense attorney in the state of the offense.  Attorney Travis Koon is a member of the Florida and Georgia Bar.  We encourage each individual to hire an attorney experienced with the laws in the State the person is accused of committing the crime.

ATTORNEY TRAVIS KOON-DUI & CRIMINAL DEFENSE ATTORNEY

Home

Florida law states that if a person is driving a vehicle, they have given consent to submit to a chemical test to determine the blood alcohol content, this is known as implied consent; but the driver does have the right to refuse the test.  If the driver refuses the test, the driver could loose his license up to one year.  On the other hand, if the driver does refuse to submit to the breath, blood or urine test, Attorney Travis Koon can assist the individual and help the person obtain a business purpose license in specific circumstances.  Just because a person fails to blow, provide a blood and/or urine sample does not mean the person is automatically going to jail and/or will not be able to drive forever.  Contacting a criminal defense attorney to advise you of your rights is recommended because the process is difficult to understand, the procedure is complicated and being properly advised as to how to fight your case are important.

[contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Website’ type=’url’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form]

 

There are consequences when refusing a breathalyzer test, the following are a possibility:

1st offense of refusal = driver’s license suspended for 1 year (you can obtain a business purpose permit to driver to and from work, to and from school and to and from church but you must follow a very strict procedure to do so in Florida)

2nd offense of refusal = driver’s license suspended for 18 months and minimum 10 days jail time (no hardship allowed in Florida.)

3rd offense of refusal = driver’s license suspended for 18 months and minimum 30 days jail time (no hardship.)

 

An arraignment is when the defendant appears before a judge to be formally charged with a crime and have the court appoint an attorney if the person cannot afford one on their own.  It is at this time the defendant, or their attorney, can enter a plea of either guilty, ask for a trial by judge, ask for a trial by jury, or try to plea bargain down the charges.

 

In some circumstances, a DUI can be pleaded down to a “wet reckless” charge.  This is considered a reckless driving involving alcohol charge and has less severe penalties than a DUI conviction.

 

On the flip side, if you are pulled over and the officer has the suspicion of DUI, but you know you have not been drinking alcohol, it is well within your right to ask for a breathalyzer test to assert your innocence.

 

A DUI conviction can have harsh and long lasting repercussions; it is in your best interest to hire a qualified criminal defense attorney.  The Law Offices of Travis Koon are highly qualified Florida attorneys that have the knowledge and experience you need.    We have attorneys in Miami, attorneys in Gainesville, and attorneys in Lake City – giving people several location options.  Being charged with a DUI is an intimidating situation to be in, let us help guide you through this trying time.

 

EXPERIENCED GAINESVILLE AND LAKE CITY, FLORIDA CRIMINAL DEFENSE ATTORNEY

 

At www.koonlegal.com and Attorney Travis Koon, we know that if found guilty, some of these charges can change your life completely.

 

At www.koonlegal.com , Criminal Defense Attorney Travis Koon, is a trained and skilled attorney that will assess your situation and argue the best defense for your case. Attorney Travis Koon has represented people charged with crimes his entire career. Criminal Defense Attorney Travis Koon has helped over 1,500 clients avoid jail time and the loss of their freedom. Attorney Travis Koon has conducted over 40 criminal trials and many of those trials were in the immediately area surrounding Live Oak, Florida, Lake City, Florida and Gainesville, Florida. Attorney Travis Koon is a member of the Florida Bar and Georgia Bar. In addition, Attorney Travis Koon is a member of the Federal Middle District and Northern District. Attorney Travis Koon is experienced in criminal cases in State and Federal Court.

 

Koonlegal

Travis Koon, Attorney

Criminal Attorney

Live Oak, Lake City & Gainesville, Florida

Live Oak and Lake City-386-597-0000

Gainesville-352-729-1211

traviskoon@koonlegal.com

www.koonlegal.com

Young woman pulled over by cop for DUI

DWLS Attorney

Posted by | Criminal Defense, DUI | No Comments

Have you or a loved one had your license suspended? In many circumstances, the individual never knows that the Department of Highway and Safety Motor Vehicles suspended their license. Have you been pulled over by a police officer and arrested for Driving While License suspended pursuant to Fl. Stat. 322.34? If that person is charged criminally, that individual will face up to one year in the county jail and a $1,000 fine. If that person is arrested for Driving While License suspended 3 times within a 5 year period that person will be deemed a Habitual Traffic Offender and subject to a five year Florida Driver License revocation.

I have provided the link so that you can look up a Florida Driver License to see if it is valid.

Attorney [contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email’ type=’email’ required=’1’/][contact-field label=’Website’ type=’url’/][contact-field label=’Comment’ type=’textarea’ required=’1’/][/contact-form] Travis Koon
352-729-1211 Office/Cell
386-597-0000 Office/Cell
1-866-497-1103 Fax
Lake City, Florida
Criminal Defense Attorney
https://services.flhsmv.gov/dlcheck/
http://flhsmv.gov/ddl/IID.html
http://flhsmv.gov/ddl/help.html
http://flhsmv.gov/ddl/dlfaqson2a.html#dui

Administrative Hearing Versus a Criminal Case

Posted by | DUI, Uncategorized | No Comments

When a person is arrested for DUI, there are two aspects to the case. The person has the right to fight their driver’s license revocation with the Department of Highway and Safety Motor Vehicles. On the other side, the person who has been arrested and faces criminal charges, the client has the right to contest those criminal charges.

An Administrative Hearing only takes place if the person arrested or the driver requests a hearing within 10 days of the date of the arrest. The hearing officer, who provides over the Department of Highway and Safety Motor Vehicle’s Hearing, is not a lawyer. Witnesses do not appear at the hearing, unless subpoenaed by the driver.

The paperwork submitted by the police officer may be sufficient to sustain the suspension. There’s no prosecutor or lawyer for the Department of Highway and Safety Motor Vehicles involved in the hearing. The Department of Highway and Safety Motor Vehicles only needs to prove the test result of .08 percent or above alcohol level or that the driver refused to submit to the test to sustain the suspension. Ultimate guilt is irrelevant. The ultimate guilt will be contested in the criminal case.

The driver’s presence is not required at the Department of Highway and Safety Motor Vehicle Hearing or even if desirable in most cases. Forms of evidence are relaxed and hearsay is admissable. Hearings must take place within 30 days of the date of the request. So basically within 40 days of the driver’s arrest.

Proof to sustain suspension is by a preponderance of the evidence. Resolution of the matter occurs anywhere from 45 to 180 days from the date of the arrest, meaning the driver will know whether his driver’s license will be suspended or revoked by the Department of Highway and Safety Motor Vehicles within 45 to 180 days. At this hearing, the driver is basically asking the Department of Highway and Safety Motor Vehicles to overturn the suspension. The decision rendered stands regardless of the result of the criminal case, unless it involves a breath test and an acquittal at trial.

In the criminal Case, a judge presides over all hearings. Witnesses must appear to testify at trial. The case is prosecuted by the State of Florida. The prosecution must prove that the defendant was either under the influence or had a breath alcohol level of .08 percent or higher. The defendant’s presence is required at trial, but not at soundings or calendar calls.

The rules of evidence are strictly enforced. While a speedy trial must take place within 90 days, it is rarely applicable. The prosecution must prove guilt beyond and to the exclusion of all reasonable doubt. Case resolution time’s vary widely, from 90 days bare minimum to several months or even years. The average time to resolve a criminal case is usually several months.

Please remember that the Department of Highway and Safety Motor Vehicle’s Administrative Hearing is completely separate from the criminal case in which the defendant has a right to confront all witnesses against him.

What type of criminal penalties do you face for a first time DUI Conviction in the State of Florida?

Posted by | Criminal Defense, DUI | One Comment
  1. DUI FIRST TIME CONVICTION FINES: For someone who is convicted of the criminal offense for a DUI and it is their first time being convicted the individual would face a fine not less than $500 or more than $1,000, plus mandatory court costs.  If the individual has a blood or breath alcohol level of .15 or higher or if the accused has someone in the car with them that is under the age of eighteen then they would face a fine ranging from $1,000 to $2,0000, plus mandatory court cost usually ranging from $150 to $600.
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