Tuesday, April 25, 2017

Is It Possible to Reinstate My Driver's License After A DUI Conviction?

Yes, for most people it is possible to reinstate your driver's license.

If you make a mistake and only have one DUI conviction, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Sometime prior to the expiration of the revocation period, you may apply for hardship license.  In order to be approved for a hardship license, you must first complete DUI School and treatment, if required.

If you have a second DUI conviction outside of a five-year period, Florida statute requires the revocation of your driver’s license for 180 days to 1 year.  Unfortunately, you are NOT permitted to reinstate early for a hardship license.  You must wait the full period of time in which the judge suspends your license before applying for reinstatement of your driver’s license.

If you have a second DUI conviction within a five-year period, Florida statute requires the revocation of your driver’s license for 5 years.  You are permitted to apply for a hardship license after one year from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you have a third DUI conviction within a ten-year period, Florida statute requires the revocation of your driver’s license for 10 years.  You are permitted to apply for a hardship license after two years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you have a fourth DUI conviction, Florida statute requires the permanent revocation of your driver’s license.  You are permitted to apply for a hardship license after five years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you are convicted of DUI Manslaughter, Florida statute requires permanent revocation of your driver’s license.  You are permitted to apply for a hardship license after five years from the effective revocation date.  All required treatment and DUI School must be completed and you must have a recommendation from the Special Supervision Services Program.

If you are convicted of DUI Manslaughter after a prior DUI conviction, Florida statute requires a permanent revocation of your driver’s license and you are NOT permitted to apply for a hardship license.

If you never apply for a hardship license and just wait to reinstate your license, you will still be required to show proof of enrollment in the DUI school and treatment.  If you fail to complete school and treatment within 90 days, the Department of Motor Vehicles can suspend your driver’s license.

Also, when you are reinstated, you must take the required driver’s exam, pay all fees, and provide proof of bodily injury liability insurance in the amount of $100,000 per person and $300,000 per occurrence and property damage liability insurance in the amount of $50,000.

If you have been charged with a DUI, you need an experienced DUI attorney as your advocate. Contact Heather Bryan Law online or call 863-825-5309 for your personal and confidential consultation.

Monday, April 17, 2017

Defending Against Domestic Violence Charges

Domestic Violence abuse is a serious allegation and nothing to joke about.  The unfortunate truth is that many innocent people are falsely accused each year of domestic violence crimes. The reason is because all it takes is a phone call to 911 and an allegation, and someone is going to jail.

For example, the definition of domestic violence battery is any actual and intentional touching or striking of another person without consent, or the intentional causing of bodily harm to another person (a family or household member).  As you can see, nowhere in the definition does it say that the alleged victim must have actually been harmed.  The statute uses the word "or."  Because of this language, a "he said / she said" situation may occur, and someone ends up getting arrested and charged with domestic violence battery.

In addition, the decision to prosecute is not up to the alleged victim.  That decision is ultimately up to the State Attorney's office.  The State of Florida, and in particular, Polk County, aggressively pursues these charges.  The prosecutor may still file charges against a defendant and prosecute a defendant even if the alleged victim signs a waiver of prosecution. The State has even been known to go after alleged victims for not being cooperative.  If an alleged victim does not show up for court, the State may have the police pick them up and hold them in contempt for not abiding by a subpoena.

If you have been falsely accused of a domestic violence crime, it is imperative that you have an experienced criminal defense attorney by your side to fight for your rights.  In Florida, even if the judge withholds adjudication, with a guilty or no contest plea, you cannot seal or expunge your arrest, per Section 741.28.  The only way for the arrest to be expunged is for the charges to be dropped.

Contact Heather Bryan Law online today or call us at 863-825-5309 for your free and confidential consultation.  Let us fight for you.