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EDWARD J. CHANDLER, ESQ. represents clients in state and Federal criminal defense cases in the following areas:
Federal Criminal Trials State Felony Trials Drug Trafficking Cases Conspiracy Cases RICO Cases Health Care Fraud Bank Fraud Money Laundering Security Violations IRS Violations White Collar Crime Asset Forfeiture Grand Jury Representation Business Fraud and Theft Battery DUI Grand Theft Battery on a LEO Burglary DUI Driving under the influence
If You Are Arrested In Florida
WHAT ARE YOUR RIGHTS AFTER YOUR ARREST?
WHAT RIGHTS DO YOU HAVE WHEN QUESTIONED BY THE POLICE?
Constitutional rights may be waived or given up voluntarily. Before you say or sign anything that might result in waiver of a constitutional right, weigh your decision carefully and consult with an attorney.
SHOULD YOU MAKE STATEMENTS TO LAW ENFORCEMENT?
DO YOU HAVE A RIGHT TO AN ATTORNEY?
CAN A LAW ENFORCEMENT OFFICER DETAIN YOU WITHOUT ARRESTING YOU?
CAN AN OFFICER USE FORCE WHEN MAKING AN ARREST?
WHAT PROCEDURES ARE USUALLY FOLLOWED WHEN YOU ARE ARRESTED?
WHAT HAPPENS TO PERSONAL PROPERTY WHEN ARRESTED?
HOW ARE YOU RELEASED FROM JAIL?
DUI FAQ's
What is "drunk driving"?
What do police officers look for when searching for drunk drivers on the highways?
(1) Turning with a wide radius;
Speeding, incidentally, is not a symptom of DUI; in some circumstances it may suggest quicker reflexes and sobriety.
What is the officer looking for during the initial detention at the scene?
(1) Flushed face;
What kind of evidence does an officer need to arrest a motorist suspected of "drunk driving"?
(1) gross observations of behavior in general;
A police officer may arrest a motorist if the cumulative effect of the evidence convinces the officer that he has "probable cause" or "reasonable cause" to make an arrest. This is a far lower standard than the one the state must prove at trial. There the case must be proven "beyond a reasonable doubt." Although this is a high standard, it is met every day in courts all over the country.
The officer never gave me a Miranda warning. Can I get my case dismissed?
(from www.FreeAdvice.com )
I use drugs, but I have never sold them. The police arrested me with some heroin and charged me with
possession for sale. Is that right?
I use drugs, but I have never sold them. The police arrested me with some heroin and charged me with possession for sale. Is that right?
I got busted with two rocks of cocaine and the first time in court prosecutor offered to let me plead to the possession for one day in jail and probation. Should I take it?
What gives? My buddy Reno gave me a drive downtown and the cops pulled him over. They found a balloon of heroin in the open ash try and they charge me along with him. Those were not my drugs. How can they do that?
I got stopped by a traffic cop for a busted tail light and then, without my permission, he searched my car and found some pot in the trunk. At the hearing he said he knew i had drugs because he saw seeds on the floor and they were in "plain view", but the drugs in the trunk weren't. Can a lawyer get the drugs excluded from evidence as illegally seized?
I have heard the term "unwitting possession". What does it mean and is it a valid defense?
I had been using drugs for some time. Right after I purchased new supply I was arrested and charged with possession with intent to sell. How can they do this when the police have no evidence that I ever sold any drugs to anyone?
The narcs planted a rock of cocaine on me when they arrested my buddy with his stash. The particular cop who did it doesn't like me because i refused to snitch for him and laughed when he said "looks like payback time." I do have a drug history but I've been clean for two years. I know the judge will believe the cops and not me. What can I do?
(from www.FreeAdvice.com )
Attorney Chandler also represents individuals charged with criminal offenses including:
Also offering representation in the following matters: DUI & DUI MANSLAUGHTER
Providing strategic advice on surrender, the bond process, the
withdrawal of warrants, and the resolution of underlying charges.
Providing representation at hearings to set or reduce bond, including
the preparation of witness testimony and the coordination of various
bond options.
Providing strategic advice to minimize the impact of a violation, as
well as representation for plea bargain and Evidentiary Hearings.
Causes of violations differ from “technical” to “new charges”; a
difference which can affect the defensive strategy to be applied.
Providing strategic advice
to protect the client’s freedom upon release from custody, as well as
providing representation at trial. The charge of domestic violence is
often misused by friend or spouse, as leverage to obtain an advantage
in related litigation.
Providing defense in civil court to what are often dishonest and
damaging allegations of abuse. Restraining orders are often linked
to criminal allegations of assault and battery and represent a threat
to a person’s reputation and freedom.
Providing strategic advice and trial defense to what is one of the
most damaging allegations in criminal law. Punishment for felony
sexual offenses frequently includes incarceration in the Dept. of
Corrections and can have a profoundly detrimental effect on a person’s
reputation.
Providing strategic advice for potential rehabilitative/treatment
alternatives to incarceration. The defense of drug offenses often
involves the application of laws related to search and seizure, which
if successful, can result in the dismissal of charges.
Providing investigative and trial representation for the charges of
Assault & Battery. Felony punishment of these charges can include
incarceration and should be taken seriously.
Providing strategic advice for alternatives to conviction and
incarceration, as well as providing representation at trial. Burglary
of a residence is automatically punishable by imprisonment in the
Dept. of Corrections, and therefore presents a significant threat to
freedom.
Providing technical assistance with the application process, involving
both the Fla. Dept. of Law Enforcement and the court system. The
sealing or expungement of criminal records offers an excellent
opportunity to guard a person’s reputation
from public view.
Providing representation in both misdemeanor and felony courts on a
wide variety of criminal charges. This includes representation in
traffic, county and circuit courts, throughout the South Florida, including Broward, Dade and Palm Beach Countoes..
Providing strategic advice for rehabilitative alternatives to
adjudication and commitment as a juvenile offender. Juvenile
offenders are being certified for prosecution as adults at an alarming
rate. All crimes, misdemeanor and felony, are represented at both the
adult and juvenile levels.
What are your rights after your arrest?
What rights do you have when questioned by police?
Should you make statements to law enforcement?
Do you have a right to an attorney?
Can a law enforcement officer detain you without arresting you?
Can an officer use force when making an arrest?
What procedures are usually followed when you are arrested?
What happens to personal property when arrested?
How are you released from jail?
You have a right to know the crime or crimes with which you have been charged. You have a right to know the identity of the police officers who are dealing with you. This is your right to statute and by custom.
You have the right to communicate by telephone with your attorney, family, friends, or bondsperson as soon after you are brought into the police station as practicable. The police have a right to complete their booking procedures before you are allowed to use the telephone.
1. You have the right to remain silent. If you choose to speak, anything you say can be used against you in court.
2. If you decide to answer any questions, you may stop at any time and all questioning will cease.
3. You have a right to consult with your attorney before answering any questions. You have the right to have your attorney present if you decide to answer any questions, and if you cannot afford an attorney, one will be provided for you or appointed for you by the court without cost to you before any further questions may be asked.
If you cannot afford a private lawyer, you should advise the judge of this fact at your first appearance or as soon after that as possible. The judge will ask you some questions to see if you are eligible for the services of an attorney at public expense. You will probably be asked to take an oath of indigency, which is a sworn statement as to your inability to afford a private attorney.
NO. 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 speak to one immediately.
YES. 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, a lawyer, 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 CONSTITUTIONAL right to remain silent. Asking for an attorney should stop all questions by the police.
YES, WITH LIMITATIONS! Under Florida law, based upon reasonable suspicion that you may be involved in criminal activity, a police officer may require you to identify yourself and explain your presence at a particular time, without arresting you. Under Florida law the officer may not remove you from the immediate vicinity without making an arrest, unless you voluntarily accompany the officer to some other location.
If the officer has reasonable grounds to believe that you are armed, he or she may conduct a limited pat-down of your outer garments for the purpose of detecting weapons. If this "frisk" results in reasonable belief on the part of the officer that you are carrying a weapon, the officer may remove the suspicious object for protection. The officers must return to you any unlawful object found unless they places you under arrest. Unless the officer places you under arrest, the frisk or search must be limited to suspected weapons.
The officer may ask you some questions in order to complete the field interrogation card. You have a constitutional right to not answer them, or give your name, unless the officer has an reasonable suspicion that you are involved in a crime. At the conclusion of this temporary detention the officer must either arrest you or let you go.
If you should enter a retail establishment where goods are placed on display and for sale, the merchant or the employees may detain you on the premises for a reasonable time for questioning if they have probable cause to believe that you have stolen or have attempted to steal goods for sale. Under such circumstances police officer called to the scene may make an arrest for shoplifting even though the alleged offense was not committed in the officer's presence.
Under Florida law, there are a few specified misdemeanors for which an arrest may be made without a warrant, even when not committed in the presence of the arresting officer. These exceptions to the general rule are shoplifting, carrying a concealed weapon other than a firearm, possession of not more than twenty grams of marijuana and a few others.
The officer may employ all reasonable and necessary force to overcome resistance in making a lawful arrest. The legality of the arrest has nothing to do with whether or not you are ultimately convicted. As long as the officer has reasonable grounds for making the arrest at the time for the arrest, you cannot claim later that the arrest was unlawful merely because you were found not guilty.
Resisting arrest with violence is a felony under Florida law. Resisting arrest without violence or offering to do violence is a misdemeanor. You could be convicted of either of these crimes, even if you were found not guilty of the crime for which you were arrested.
Obstructing an officer with violence is also a felony under Florida law. Obstructing or interfering with an officer on duty without violence is a misdemeanor. If you believe that your rights are being violated, make it a point to remember exactly what the police officer did and then advise your attorney concerning this at the earliest possible time.
1. The officer will take you to a police station.
2. You will be advised generally as to the charges against you. However, these charges may be changed later and stated in more detail by the office of the prosecuting attorney or in some instances by the grand jury.
3. You may be required to participate in a lineup, to prepare a sample of your penmanship, or to speak phrases associated with the crime with which you are charged, to put on certain wearing apparel or to give a sample of your hair. You should ask to have your attorney present during any of these procedures. You have an absolute right to counsel, if you are asked to participate in a lineup after you have been formally charged by the prosecuting attorney or indicted by a grand jury.
4. You also may be required to be fingerprinted and photographed.
5. You will be arraigned at a court session or your attorney will file a written plea on your behalf. An arraignment is no more than a plea of guilty, not guilty or no contest to the charge. If you plead not guilty, a trial date will be set. If you plead guilty or no contest, a sentencing date will be set, generally after the court has received a pre-sentence investigation report from probation and parole.
If you should be booked into a jail, the police may take money and property from you for safekeeping. They will carefully inventory your money and property and give you a copy of the inventory.
At the time of your release or at the conclusion of your case, such money or property that was not seized as evidence in the case may be returned to you, subject to your criminal status. You will be given an opportunity to sign the property list. You should make certain that the list includes all the items taken from you.
Upon arrival at the jail or shortly thereafter, you will be given an opportunity to contact your attorney. The attorney, in turn, may arrange for the posting of a bond and may appear with you in court and ask the court to lower the bail if it is believed to be excessive under the circumstances.
You may be released upon personal recognizance (your promise to appear in court when directed), or you may be released on bail, which involves the posting of either cash money or a surety bond as security for your court appearance. Bail bonds from licensed sureties are usually available at a cost of 10 percent of the amount of the bail.
If you are taken into custody and booked into the jail and remain there, you must be brought before a magistrate within 24 hours of your arrest. At that appearance, you may request that the magistrate lower your bail in consideration of your ties in the community, financial resources, employment record or any other factors, including your past criminal record and your past history of failure to appear in court when scheduled.
Legal Resources
Drugs / Narcotics FAQ's
What is "Drunk Driving"?
What do police officers look for when searching for drunk drivers on the highways?
What is the officer looking for during the initial detention at the scene?
What kind of evidence does an officer need to arrest a motorist suspected of "drunk driving?"
The officer never gave me a Miranda warning. Can I get my case dismissed?
If I was stopped for another traffic violation, can the police also arrest me for a DUI or DWI?
Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings:
Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The limit for adults is either 0.08% or 0.10%. As of October 2000, the following 19 jurisdictions used the 0.08% standard to define drunken or impaired driving: Alabama, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, Vermont, and Washington State. All other states used 0.10% except Massachusetts and South Carolina which do not use numerical limits.
You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
The following is a list of symptoms in descending order of probability that the person observed is driving while intoxicated. The list is based upon research conducted by the National Highway Traffic Administration:
(2) Straddling center of lane marker;
(3) "Appearing to be drunk";
(4) Almost striking object or vehicle;
(5) Weaving;
(6) Driving on other than designated highway;
(7) Swerving;
(8) Speed more than 10 mph below limit;
(9) Stopping without cause in traffic lane;
(10) Following too closely;
(11) Drifting;
(12) Tires on center or lane marker;
(13) Braking erratically;
(14) Driving into opposing or crossing traffic;
(15) Signaling inconsistent with driving actions;
(16) Slow response to traffic signals;
(17) Stopping inappropriately (other than in lane);
(18) Turning abruptly or illegally;
(19) Accelerating or decelerating rapidly;
(20) Headlights off.
The traditional symptoms of intoxication taught at the police academies are:
(2) Red, watery, glassy and/or bloodshot eyes;
(3) Odor of alcohol on breath;
(4) Slurred speech;
(5) Fumbling with wallet trying to get license;
(6) Failure to comprehend the officer's questions;
(7) Staggering when exiting vehicle;
(8) Swaying/instability on feet;
(9) Leaning on car for support;
(10) Combative, argumentative, jovial or other "inappropriate" attitude;
(11) Soiled, rumpled, disorderly clothing;
(12) Stumbling while walking;
(13) Disorientation as to time and place;
(14) Inability to follow directions.
Generally speaking, there are three kinds of evidence that a police officer will consider and gather in the investigation:
(2) specific observations of balance tests and the like (usually called "field sobriety tests"); and
(3) chemical test results of the motorist's blood, breath or urine.
No. The officer is supposed to give a warning of your right to remain silent and tell you that anything you say may be used against you in a court of law (your 5th Amendment rights) and that you have a right to consult an attorney, and if you can not afford one you have a right to have a lawyer appointed for you (your 6th Amendment rights) after s/he arrests you. Sometimes officers do not. The only consequence of failing to tell you is that the prosecution cannot use any of your answers to questions asked by the police after the arrest.
Of more consequence in most cases is the failure to advise you of the state's "implied consent" law, that is, your legal obligation to take a chemical test and the results if you refuse. This can impact the suspension of your license.
If I was stopped for another traffic violation, can the police also arrest me for a DUI or DWI?
The original cause for the officer's stopping you need not be related to driving under the influence of alcohol or drugs.
Routine detentions for equipment and registration compliance, such as a cracked windshield, inoperative taillight, headlights not turned on, and so forth, maneuvering and parking violations, and many other reasons have been held by the courts to constitute sufficient cause. If the stop was the result of racial profiling, that may give a lawyer more to work with in an effort to have charges dismissed or reduced.
I got busted with two rocks of cocaine and the first time in court prosecutor offered to let me plead to
the possession for one day in jail and probation. Should I take it?
What gives? My buddy Reno gave me a drive downtown and the cops pulled him over. They found a
balloon of heroin in the open ash try and they charge me along with him. Those were not my
drugs. How can they do that?
I got stopped by a traffic cop for a busted tail light and then, without my permission, he searched my
car and found some pot in the trunk. At the hearing he said he knew I had drugs because he saw seeds on the floor and they were in "plain view", but the drugs in the trunk weren't. Can a lawyer get the drugs excluded from evidence as illegally seized?
I have heard the term "unwitting possession". What does it mean and is it a valid defense?
I had been using drugs for some time. Right after I purchased new supply I was arrested and charged
with possession with intent to sell. How can they do this when the police have no evidence that
I ever sold any drugs to anyone?
The narcs planted a rock of cocaine on me when they arrested my buddy with his stash. The particular
cop who did it doesn't like me because I refused to snitch for him and laughed when he said "looks like payback time." I do have a drug history but I've been clean for two years. I know the judge will believe the cops and not me. What can I do?
The law does not require the police to prove you DID sell, just that your intent was to sell. This is done by the circumstances of the possession and by expert opinion of the police. Factors such as the way it is packaged (many small bindles -- "packaged to sell"), and what is found with it (such as scales) can fill in the person's likely intentions. In addition, experienced narcotics officers will be allowed to testify that from their experience these factors and the quantity found are consistent with an intent to sell the drugs.
That depends on a number of factors. Why did the prosecution make such an offer off the bat? Is there a problem with his case? Could it get thrown out on legal grounds? What are the consequences of prior convictions in your state? How much time can you serve if you are found in violation of probation? What are the chances of avoiding any conviction at all by trying the case? What effect will this conviction have on your immigration status? Your ability to get a government job? Your ability to get bonded, or to get a professional license? You could even lose your eligibility to receive public assistance or to drive, depending on your jurisdiction's laws. There may even be programs that allow you to do drug counseling and other things in exchange for an eventual dismissal of the charges. In other words, the issue is so complicated and far reaching that even if you want to plead guilty, you still need a lawyer's advice so you know fully what you are doing.
This is a common misconception: that ownership of the drugs controls. It's the POSSESSION that is illegal, and you do not have to have something in your hand or pocket to "possess" it. The police don't know that it was the driver who put the heroin in the ash tray (which sits right between the two of you). Unless your buddy talks and claims it, he's leaving the possibility open that he was innocent and they were yours. As a result the police will arrest everyone who was within arm's reach of it. This is a case you will certainly want to fight aggressively, but also be aware in the future that whom you hang out with can have serious consequences. Just being near illegal drugs is dangerous, even if you are not into drugs.
Not if you assume the fact that he did see the seeds. That would give him "probable cause" to search for drugs elsewhere. But did he seize any seeds from the floor to mark into evidence? Do you dispute his claim that there were seeds on the floor? If so, your lawyer might attack his testimony on the lack of physical evidence. In addition, there is the issue of whether you KNEW the drugs were in the trunk. You should see a lawyer. Any drug case has many issues that can determine whether you get convicted or the case dismissed.
Unwitting possession means that you possessed a contraband substance without knowing you had it. The classic case is mail carriers - they deliver a package containing cocaine but are not guilty of possessing cocaine because they didn't know (and had no way to know) that cocaine was in the package. The other classic case is borrowing someone's car and the owner had cocaine stashed in the door frame. Some states allow unwitting possession as a defense, some add the 'had no reason to know' element, some don't allow it at all. The defendant usually has the burden of proving unwitting possession by a preponderance of the evidence.
If you were charged with possession with intent to sell drugs the police do not have to prove an actual sale; only your intent to sell the drugs. If you had just purchased the drugs you might have more in your possession than required for one or two uses. Also it might be packaged in several small packages which might indicate you intended to sell it to others. It might be important where you were arrested: at home or in the vicinity of a drug market. Many times these charges are highly speculative. However, if you are successful in rebutting the charge of possession with intent to sell, the police would still have the conviction for simple possession.
This is a difficult situation. Many more people claim they were set up than actually were, but it does happen. There is a lot of research and investigation to do before you decide what to do. If the law allows it in your state, your lawyer should bring a motion to find out if this cop has had citizen complaints about lying and planting evidence before. Gather up witnesses who know you well and know you have been off drugs for two years, especially people present when you have refused offers of drugs. Your lawyer might have an investigator talk to the other cops involved in the operation, or do so himself. If one was not really comfortable with what happened, he might assist in some way, perhaps behind the scenes. Don't expect any officer to testify that he saw evidence planted.
Defending a DUI in Florida Law enforcement officers ("LEOS") are notorious for stopping a vehicle on a "hunch" that the driver has been drinking. Once stopped, the tools used by LEOS to evaluate a driver's possible impairment are crude and inaccurate. Many LEOS making DUI arrests have limited or no experience in evaluating the effects of alcohol on the body. In turn the machines relied upon by LEOS to test your breath, blood, or urine for alcohol are subject to error. Additionally, these machines are tightly regulated and often are not properly maintained. Before a trial is ever held, a DUI can be challenged on constitutional, legal, or administrative grounds. A successful challenge can result in key prosecutorial evidence being thrown out by the State. The primary areas for challenging a DUI are: * The Stop * Field Sobriety Tests * The Breathalyzer (Blood Alcohol Measurement Tests) * Your Statements
So what does all of this mean? Simply put, the State needs all of their evidence to prevent a Court from dismissing the case due to lack of evidence or in order to present a strong case to a jury. If I challenge one link in the State's case that results in evidence being thrown out (suppressed), the State may be prohibited from proceeding or forced to negotiate a deal to a lesser charge. In DUI defense, winning one battle can result in winning the war!
The law is very clear that a law enforcement officer may only stop you for one of two reasons: (1) If the LEO has a reasonable suspicion that your are committing a traffic infraction, or (2) if the LEO has probable cause that you are committing a crime. However, many times it can be shown that the officer was mistaken in his reason for stopping you. If this is proven, all of the evidence in your case will be thrown out and the State will be forced to dismiss your case.
A rather simple example would be if an officer stopped you for an expired license plate and subsequently arrested you for being under the influence. If I can prove that your motor vehicle license was not expired and that the officer was therefore mistaken, the Judge will find that the officer made an illegal stop and throw out all of the evidence against you.
Challenging Field Sobriety Test
In most DUI cases, law enforcement will administer Field Sobriety Tests to determine if you should be arrested. The officer's interpretation of these tests can be challenged or suppressed based on many factors. Does the officer know what your true balance and coordination is? Do you have any physical disabilities like a bad back or bad knees? Physical disabilities or injuries may affect your ability to perform the test, thereby making them unreliable and inadmissible. Is the officer qualified to perform the specific Field Sobriety Test? Some Field Sobriety tests, such as the HGN test (eyes following pen test), may only be performed and testified abut by certified alcohol recognition experts. Other tests, such as the reverse alphabet test are not deemed reliable by the courts.
As previously mentioned, the machines used by law enforcement are tightly regulated and subject to strict maintenance requirements to be deemed reliable. Additionally, the testing itself must be done in a very specific manner. The failure to either properly maintain the machines, or to conduct the tests in accordance with the standard testing procedures, can result in the breath test being thrown out altogether, no matter how high your test came back.
Did the officer observe you for a period of 20 minutes prior to taking the breath test? Did the officer tell you to "keep blowing" during the breath test? Did the officer calibrate the machine properly prior to beginning testing? Did the officer read you Florida's Implied Consent Law or did the officer incorrectly state the implied consent law to you? The failure of an officer to do any of these simple steps, or possibly other steps not mentioned, may result in the breath test results being thrown out. Throwing Your Statements Out
One of the most well known Miranda Warnings states: "Anything you say can be used against you in a court of law." However, contrary to popular belief, an officer does not have to immediately read you your rights when stopping you for a traffic infraction. Upon initially being stopped, an officer is free to ask you common questions such as where are you coming from, where are you going, have you had anything to drink. Therefore it is important you watch what you say, especially if you have been drinking.
Nevertheless, if you do say something incriminating to law enforcement, I may still be able to suppress your incriminating statements. Generally, statements are challenged for either being obtained without informing a suspect of their right to remain silent or because the statements were made under Florida's accident report privilege. Your Right to Remain Silent
An officer only has to read you your rights when you are under arrest, or if you are no longer free to leave. Once an officer reads you your rights you should politely decline to speak with him any further and request an attorney.
Florida's Accident Report Privilege
Many times, persons involved in an automobile accident are later accused of DUI. And in Florida, persons involved in an automobile accident are required by law to report the accident to authorities, raising the possibility that a person suspected of DUI may make incriminating statements to law enforcement regarding the accident. Fortunately, Florida law prohibits most statements given to law enforcement by drivers, owners, or occupants regarding an automobile accident from being used in a later civil or criminal trial. This is known as Florida's Accident Report Privilege and the purpose of the privilege is to encourage witnesses to cooperate with law enforcement in the investigation of automobile accidents.
However, the Accident Report Privilege is not absolute and there is one major exception. If a law enforcement officer suspects that you are were driving under the influence, or committed another crime related to the crash, he may "switch hats" and inform you that he is no longer conducting a crash or accident investigation and that he is now beginning a criminal investigation related to the accident. To continue questioning you, the officer must then read you your rights if he wishes to continue. At this point you should decline to answer anymore questions and request a lawyer.
CALL ATTORNEY CHANDLER TODAY (954) 788-1355
DUI Drivers License Suspensions in Florida
As a result of your DUI arrest, your Driver License is subject to two separate suspensions and it is important that you know the difference between each type of suspension. * The first is known as an Administrative Suspension. * The second is known as a Criminal Suspension. Most importantly, it is imperative that you are aware of Florida's Ten Day Rule regarding your right to fight the Administrative Suspension. Administrative Suspension The first Driver License suspension you are subject to is known as an Administrative Suspension. This suspension is imposed if, after your DUI arrest, you either 1. Refused to submit to a breath, urine or blood test, or 2. Submitted to a breath, urine or blood test and your blood alcohol level was found to be .08 or higher. If you refused to submit to a BAC/BAL test, or if your BAC/BAL was over .08 your Driver License will be suspended for either 6 months, 1 year, or 18 months from the date of your arrest. If your license if suspended for either reason, you will be issued a temporary driving permit that expires at midnight on the 10th day following the date of your arrest. Florida's Ten Day Rule You only have 10 days from the date of your arrest to request a formal review hearing with the Department of Motor Vehicles to contest the Administrative License Suspension and attempt to get your license back. If you fail to request the hearing with the 10-day period, your license will be suspended for either 6 months, 1 year, or 18 months depending on the circumstances. It is important to contact me within the 10-day period. If a formal review hearing is requested within the mandatory 10 days of your arrest, you will be issued a temporary license that is good until seven days after the hearing. The hearing will be set approximately 30 days after your arrest. At midnight of the 7th day after the hearing, however, until we either receive notice that we won, or if the suspension is upheld, your license is suspended. Otherwise, you only have 10 days to drive after you are arrested using your citation as a driving permit. Obtaining a Hardship Driver License If attorney Chandler is unable to successfully challenge the administrative suspension, you may still be eligible for a hardship license. To be eligible for a hardship license you must: (1) enroll in a DUI School, (2) serve the first 90 days of your one year of the administrative suspension, and (3) provide proof of enrollment in a DUI school to your local DHSMV Administrative Review Office. The review office will then process your hardship license application. If the review office gives you approval to reinstate your license early for hardship purposes, you must then present this approval to your local driver license office. Finally, you must complete the DUI school within 90 days of being given the hardship license. Failure to complete the DUI school will result in cancellation of your hardship license until the DUI school is completed. At the time of your license reinstatement you must take the required examination, and pay an administrative fee and a reinstatement fee and any license fee required. Additionally, proof of liability insurance on the arrest date, proof of current liability coverage, and a reinstatement fee will be required.
Criminal Suspension As previously mentioned, there are two suspensions involved with a DUI charge, the administrative suspension and the Criminal Suspension. Unfortunately, if you are eventually convicted of DUI, another mandatory 6 or 12 month suspension begins on the date of conviction and the judge will suspend your hardship license. Therefore, if there is a strong possibility of a DUI conviction, it may not be worthwhile get your hardship license until the Criminal Suspension has been imposed. Otherwise, you would then have to pay another fee to reinstate your hardship license. However, you would not be required to re-enroll in the DUI school. Nevertheless, if you eventually beat the DUI, your license will not be suspended a second time and you will only have to complete the administrative suspension. Criminal Suspension Periods Depending on the degree of DUI you are charged with, the following criminal suspension periods would be imposed if eventually convicted. After that are the eligibility requirements for a hardship license if your were to experience a Criminal Suspension. 1. First Conviction: Minimum 180 days revocation, maximum 1 year. 2. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above. 3. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above. 4. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement. 5. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years. 6. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3 year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above. Eligibility for Hardship License Depending on the degree of DUI you were convicted of, the following requirements must be met in order to be eligible for a hardship license following a criminal suspension. * First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for six months for BAL of .20 or higher, effective 07/03. * Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03. * Second Conviction Within 5 Years: (5 Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. * Third Conviction Within 10 Years: (10 Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years, effective 07/03. * DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met: (1) Has not been arrested for a drug-related offense for at least 5 years prior to the hearing; (2) Has not driven a motor vehicle without a license for at least 5 years prior to the hearing; (3) Has been alcohol and drug-free for at least 5 years prior to the hearing; and (4) Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). * Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.
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Violation of Probation in Florida When you are placed on probation or community control you are advised of the conditions of that supervision. Should you violate those conditions by intentionally and materially breaking the rules, you run the risk of having that probation or community control violated. A judge will be asked to sign a warrant for your arrest and you may be kept in the County Jail pending the results of the violation hearing without bond. A judge has the authority to set bond, but the judge is not required to set a bond. " You have the right to an attorney to represent you at the violation hearing." Violation of probation proceedings are much different than a new law offense: * There is not a statute of limitations for a violation of probation ("VOP"), meaning that if you violate your probation you can not wait out the VOP charge. * You do not have a right to a trial by jury on a violation hearing. * The burden of proof is by preponderance of the evidence, rather than beyond a reasonable doubt. * You can be called as a witness by the State at your own hearing.
As you can see it is much easier for the State to prove a violation. Nevertheless, there are defenses to accusations of violation of probation, and I have successfully defended hundreds of clients accused of violating their probation.
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