Reader’s Question:

I heard my parents talking about my father’s DUI case in Palm Beach, Florida. My father said that they should take the advice of the lawyer to plea bargain. In a DUI case, what does plea bargain mean?

Wally

Palm, Beach, FL

As how it sounds, plea bargain is pretty much a type of a bargain. In your father’s DUI case in Palm Beach, Florida, your father and the government would make a specific arrangement whereby he agrees to plead guilty to a lesser charge in exchange for the prosecution to not prosecute him any further. An example is if the prosecution has just approached your father and his DUI lawyer about accepting a lesser charge of reckless driving instead of having a DUI charge. Of course, this would mean that your father wouldn’t have to face such harsh penalties. This is considered usually if he has an exemplary criminal record.

After your father consults with his attorney and understands your father’s specific case, they may both find it best to plea bargain. Although plea bargaining is rare in many DUI cases, this arrangement may be appropriate for your father as the defendant and the government or the prosecution depending on the seriousness of the DUI case and the strength of the evidence against your father.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

Nearly two years ago, I have a DUI conviction here in Palm Beach, Florida. Like other people convicted with DUI, I had a really hard time going back to my old life. I just wanna know, how long does a DUI conviction stay on my record?

Harper

Palm Beach, FL

Since you have a DUI conviction in Palm Beach, Florida almost two years ago, that DUI conviction stays on your record effectively for life and some other states have similar laws as well regarding DUI conviction. A DUI conviction in the state of Florida is not always a misdemeanor. If a person has the third DUI charged and his/her last DUI is within the past 10 years, the person may be charged with a felony DUI. Moreover, motorists with multiple, serious, driving convictions are declared “habitual traffic offenders.” An individual who is driving after being declared a habitual traffic offender commits a felony merely by driving unless that individual has obtained a valid business purpose license from the Department of Motor Vehicles.

A DUI conviction can result in possible restrictions on credit or denial of job opportunities because the conviction is a public record and is typically retrieved by credit reporting agencies. Also, a DUI conviction can cause an increase in premiums or cancellation of your car insurance. In the past 10 years, many rental car companies have begun denying rental privileges to a person with a DUI conviction for as long as 6 years after a DUI conviction.

Tags: drunk driving laws, DUI, DUI lawyer

Reader’s Question:

Hi. I have a 17-year old daughter who has been arrested for drunk driving last Sunday. What is the process for first-time offenders of DWI in Palm Beach, Florida?

Harry

Palm Beach, FL

Being charged with DWI is stressful especially for first-time offenders. At the time of arrest, the law enforcing officer will most likely require the DWI offender to take some form of chemical test or field sobriety test to determine the approximate Blood Alcohol Concentration (BAC) level.

After the arresting officer puts the DWI offender in jail, the DWI offender will go through the booking process. This process includes finger printing and mug shots. She will be kept in jail until it is time for her jail release hearing, also known as bail hearing. During the bail hearing, the judge will review your daughter’s past offenses as well as past arrests and will make a decision as to how high or low the bail should be.

As for drunken driving in Palm Beach, Florida, a person who is committing this crime for the first time could be sentenced for six months along with a fine. The prison sentence and amount payable will increase based on the number of times this offense is repeated. The DWI offender’s driving license could also be suspended if she refused to undergo an alcohol test after being found guilty of a DWI felony. I would suggest consulting a Palm Beach, Florida DWI attorney to help you get out of this situation with a minimum amount of punishment.

Tags: advice, drunk driving laws, DWI lawyer

Reader’s Question:

The arraignment for my DUI charge in Palm Beach, Florida was scheduled yesterday. The police officer didn’t show up at the hearing. Will my DUI case be dismissed and is it true that I should have refused the breath or blood alcohol test?

Kathleen

Palm Beach, FL

No, it is not true that you should have refused the breath or blood alcohol test. In Palm Beach, Florida, you must never refuse to submit to a chemical test. Even if your DUI charge is entirely dismissed, your driver’s license will automatically be suspended for one year pending a refusal to consent to a breath or blood alcohol test. Although a good DUI defense lawyer would attempt to refute an allegation of “consciousness of guilt” for refusing a chemical test, the prosecution will likely use your refusal against you and they would claim that your refusal was due to high blood alcohol content.

In regard to the officer not showing on court on your first court date, your DUI case will not be dismissed. That’s because a DUI is not considered a traffic infraction, rather a misdemeanor crime. Incidentally, the presence in court of the arresting officer is only required during the trial phase of your DUI case, not for your initial court hearing.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

My cousin was charged with DUI in Palm Beach, Florida. I want to help him as much as I can because we were together when he got arrested. I’m doing online researches regarding defenses can be used in a DUI case. I was also told that a strong odor of alcohol does not really make a person driving under the influence. How true is this and can we used this as a defense?

Hannah

Palm Beach, FL

Yes, it’s true that an alcohol on the breath does not mean that a person is driving under the influence. In some DUI cases in Palm Beach, Florida, this can actually be used as a defense. Police officers always mention that they believe that a person is drunk driving because they smell “a strong odor of alcohol on the suspect’s breath.” But these officers look foolish on cross-examination when he admits that alcohol itself (ethanol) has no odor. It is actually the mixing agent or flavoring that produces the odor we associate with alcohol. A non-alcoholic beer tastes and smells just like beer, but it doesn’t contain alcohol.

Indeed, laboratory studies show that the perceptions of the police officers of how strongly a person’s breath smells of alcohol simply doesn’t correlate with his/her actual blood alcohol level. All that can be assumed from the “odor of alcohol on the breath” is that a DUI suspect probably consumed some alcohol recently. But it actually does not provide evidence that the person drank enough to be driving under the influence or to have a .08 percent BAC or higher.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My brother has been convicted for DUI in Florida and he asked me to help him find a cheap SR22 auto insurance. Will we ever find cheap SR22 here in Palm Beach, Florida?

Toni

Palm Beach, FL

You may have a hard time finding cheap SR22 auto insurance in Palm Beach, Florida. That is because the very term SR22 insurance means your brother is considered ‘high risk’ in the auto insurance industry because of his DUI conviction.

As far as SR22 insurance providers are concerned, there are actually some that are more expensive than the others. Your brother can follow some key points to ensure that he doesn’t pay more than you need to when you get his policy. Make sure that he doesn’t shop by price alone because some policies aren’t worth the paper they’re printed on. They may show a cheap price but don’t offer any coverage that your brother actually needs. He can go with a reputable DUI source when you shop for SR22 insurance. Insurance companies that specialize in this type of high risk auto insurance are in a better position to help your brother than a more generalized provider. You also have to get as many free quotes for your brother as you possibly can as this would help you pick the better SR22 insurance policy.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

I was charged with DUI here in Palm Beach, Florida and this is already my second arrest but the first one was dismissed. I didn’t hire a lawyer the first time I was arrested because I knew it will cost me too much money but I was lucky that I was not convicted. Now, could you tell me how important is having a DUI lawyer on my side?

Nick

Palm Beach, FL

If you have been arrested for driving under the influence, a Palm Beach, Florida DUI lawyer could help you to minimize the penalties imposed if convicted or even help you to successfully defend yourself against the charges. DUI lawyer responsibilities range from consulting clients when they are initially charged to seeing clients through their criminal trials and any administrative proceedings that take place. Qualified DUI lawyer would be able to counsel DUI defendants and educate them about what will take place. Knowing what constitutes DUI in Palm Beach, Florida and the penalties you may face is important for all drivers, so keep this information in mind.

The DUI lawyer would help you prepare for your case by reviewing evidence and gathering information that can be crucial to your situation. Having a qualified DUI lawyer on your side gives you a better chance of a positive outcome than representing yourself or working with a lawyer who does not specialize in DUI cases. Specialized DUI lawyers have more experience in handling DUI cases and also have access to a number of experts that can provide testimonies during your criminal trial.

Tags: DUI, DUI lawyer

Reader’s Question:

I’ve been following several DUI cases here in Palm Beach County, Florida since my sister has been a victim of a DUI-related offense. Is it true that a person can also be charged with DUI without actually driving? Are there people who have already been convicted of this kind of a DUI charge?

Dean

Palm Beach, FL

As strange and funny as it may sound, an individual could be charged with DUI in Palm Beach, Florida without actually driving. In the State of Florida, a person can be convicted of DUI if driving or in actual physical control of the vehicle.

Actual physical control arises in a variety of different ways. There have been many DUI cases in Palm Beach County, Florida where the police officer arrives at the scene and discovers that the defendant was asleep behind the wheel, either with the engine running or not. There are also DUI cases where the defendant had passed out while waiting on the traffic light to change. This means that actual physical control is where the individual has the ability to readily exercise control over the vehicle. Examples would include if the driver fell asleep behind the wheel and the car keys are in the ignition or if the driver is lying down asleep in the front seat and the keys are in the ignition.

There are several people reported to have been actually convicted for DUI without actually driving the vehicle during the arrest. Most of them have pulled the car off of the roadway, turned off the automobile and then proceeded to sleep it off and the police officers stumbled upon them. The issue of actual physical control is decided by a jury, not by a judge unless it is a non-jury trial.

Tags: DUI

Reader’s Question:

My sister has just been recently charged with DUI here in Palm Beach, Florida. She has not decided whether or not she will get a DUI lawyer. In case she wants to hire one, what are the questions she needs to ask the lawyer she is considering?

Amy

Palm Beach, FL

Getting arrested for DUI in Palm Beach, Florida can have very serious repercussions which include imprisonment and driver’s license suspension. Because of that, people who are facing a DUI case would do well to get the legal advice that they need in defending their DUI charge.

Asking the lawyers your sister is considering to represent her in her DUI case the right questions can help her decide on a lawyer who will aggressively represent her in the DUI case. Some of the most important questions your sister should ask are about his or her experience in practicing law, in handling DUI cases, and his or her familiarity with laws and the judges. Knowing these can help her gauge if the lawyer has gained the necessary experience he or she needs to go about the case. In addition to this, your sister should also consider a number of things, including the lawyer’s reputation not only among clients but among other lawyers as well. She should also try to get a lawyer that carries malpractice insurance just in case of any problems that can occur during the DUI trial. Lastly and more importantly, she should also ask about the lawyer’s fees.

Tags: DUI lawyer

Reader’s Question:

There is a possibility that my sister would be convicted of DUI here in Palm Beach, Florida. She is already very much aware of the penalties that could be put on her. What she isn’t fully aware of is the impact of her DUI on her auto insurance. If she will be convicted, what are the effects of DUI on her auto insurance?

Taylor

Palm Beach, Florida

Driving under the influence is a serious, yet quite a common offense. As we know, a DUI conviction can be humiliating and expensive for the individual involved. Some of the short-term consequences include attorney fees, fines and license suspension. The long-term consequences are often the most expensive due to the effects on car insurance rates and coverage.

If your sister would be convicted of a DUI charge in Palm Beach, Florida, her insurance company may not likely find out. But they might uncover it through their annual driving record investigations. Another way of finding out about a DUI is that the she may have to file form SR22 (Proof of Insurance Certificate) when she re-instates her license. She might have to consider other options such as changing companies because not all insurance companies will file an SR22 form.

There can be two basic outcomes if the insurance company finds out about a DUI conviction. More often, the insurance company that accepts SR22 forms would specialize in “high-risk” driving auto insurance. Even if the insurance rates may increase, filing with a smaller company usually makes the switch less expensive than attempting to file an SR22 with a major firm. The other outcome is that they may drop your coverage completely and you would have to find a new company to insure you.