The Boston Globe recently published an interesting article discussing a Tallahassee, Florida case involving driver’s licenses. Under normal circumstances, repeatedly driving with a license that’s been revoked will result in potential felony charges here in the state of Florida. However, it seems that may not be the case if the person behind the wheel never bothered to obtain a driver’s license in the first place.
Recently, the Florida Supreme Court ruled a driver cannot be penalized for repeatedly violating traffic laws if the driver never obtained his or her license. State lawyers believe this argument makes little sense.
The case involves a man who faced up to five years in prison after allegedly and repeatedly violating a law that makes it a third-degree felony should the driver be caught at least three times or more driving a motor vehicle with a license that’s been suspended or revoked. It turns out that the man never obtained a license. Hence, the unusual scenario is not covered in the law. Instead, the man will likely be charged a second-degree misdemeanor for each infraction.
This update is brought to you by the Miami traffic ticket lawyer team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and we are ready to answer your questions. Please call 305-665-1000 to speak with one of the Miami criminal traffic lawyers today.
This information is provided for educational or informational purposes only and should not be construed as legal advice. The information is not provided in the course of an attorney-client relationship and is not intended to substitute for legal advice.
Driving while under the influence is never a wise decision, and that is especially true in the state of Florida. A DUI is not only a major risk for the driver, it also puts the lives of fellow drivers at stake. A recent study shows that Florida is among the top twenty states when it comes to the strictest penalties involving DUI.
In 2015, nearly thirty percent of motor vehicle accidents were caused because of a drunk driver per the National Highway Traffic Safety Administration. Thousands of lives are lost each year, and Americans are forced to shell out over $40 billion annually. However, these fatalities have seen a considerable drop of more than fifty percent if we take a look at the period between 1982 to 2014. This sharp drop could be attributed to drunk driving penalties that are significantly harsher.
Florida does not have a specified amount of jail time for drivers committing a first time DUI offense. A second offense does carry the possibility of spending at least ten days in jail, and a third offense will result in an automatic penalty. After a DUI, a Florida driver risks having their license suspended for 180 days and their vehicle may also be impounded, along with a fine of $500 for an initial conviction. A second conviction carries an even higher fine of $1,000. There is also a strong possibility of car insurance increasing by as much as forty percent.
This update is brought to you by the Miami traffic ticket lawyer team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with one of the Miami criminal traffic lawyers today.
If you are arrested because of a Florida DUI or a different charge, you may be concerned about the long-term ramifications and whether it will follow you around for the rest of your life. There is a possibility you may be able to have your record sealed or even expunged, provided you have never been found and/or adjudicated guilty due to a misdemeanor or felony.
A DUI expungement will depend on several factors, including whether or not your case resulted in one of the following:
- The state chose not to file formal charges.
- Nolle prosequi
- The state dropped the charges after they were filed.
- Not guilty verdict
Should your DUI case result in something other than a non-file, nolle prosequi, or a not guilty verdict, but your case ended with a finding of guilt whereafter the court withheld adjudication, there is still the possibility of having your record sealed. However, your eligibility may change if you have had a previous arrest record sealed and have been convicted of a felony or misdemeanor.
If you’d like to look into possibly having your record sealed or expunged, the experienced team at Hochman & Goldin is here to help.
This update is brought to you by the Miami traffic ticket lawyer team of team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with one of the Miami criminal traffic lawyers today.
With the spring having arrived and the summer soon to follow, Miami continues to be a popular destination for tourists looking to enjoy its beaches and sultry temperatures. However, unlike cities such as New York where public transportation is highly efficient, most tourists choose to drive in Miami.
Sometimes a stay in Miami can result in more than just memories of a fantastic vacation. A driver could end up with a DUI probation. Because the individual is from out of town, such a scenario can potentially make things a little more complicated in terms of what proper legal steps the person should take. Should they return to Florida? Will they risk losing their license? Could a warrant be issued for their arrest if they fail to do anything?
Should an out of town driver receive a DUI, the first step they should take is to consult an experienced DUI attorney. The attorney will review the case and provide options. Anything could happen in court, and the last thing a driver should do is admit guilt as this could result in major consequences that will likely follow the driver back to his or her home state. The driver may return to their home state only to find out that their license has been suspended or even revoked.
This update is brought to you by the Miami traffic ticket lawyer team of team of Hochman & Goldin, P.A. We can assist you with criminal traffic violations and are ready to answer your questions. Please call 305-665-1000 to speak with a Miami criminal traffic lawyers today.