Reader’s Question:

After the arraignment of my sister’s DUI charge In Palm Beach, Florida, she’s already preparing for her trial. Before that, she told me that there would be a discovery motion first. What does discovery motion in a DUI case mean?

Mallorie

Palm Beach, Florida

During a discovery motion in a DUI case, the prosecution will be asked to release additional evidence. Discovery would be based on the idea that the defense is entitled to all the information that will be used by prosecutors in their attempt to convict. Most of the time, prosecutors would simply give your DUI lawyer the evidence that would make the discovery unnecessary.

There is actually an informal discovery process that often happens between the defense and the prosecution without the judge getting involved. Both parties provide the other with a list of the information that they would like to be given. The pieces of evidence that your DUI lawyer will receive in this informal discovery process include things such as the names and addresses of prosecution witnesses, statements made by you, relevant evidence seized or obtained as part of the investigation, results of scientific tests and all written or recorded statements of witnesses whom the prosecutor intends to call at a prospective trial. In your sister’s DUI case in Palm Beach, Florida, if both sides refuse provide the evidence that the other side requested, a formal discovery process begins. This would require filing motions so that the judge can decide whether or not to order that the prosecution give the DUI lawyer the evidence he/she wants.

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

I was charged with DUI in Florida and of course, I was asked to attend a traffic school. I don’t have the luxury of time to go to a regular traffic school. Would it be better if I just go to an online traffic school? How does this work?

Suzanne

Palm Beach, FL

The good news about taking up an online traffic school is that you can just do it in the comforts of your home. You wouldn’t have to sit in a physical classroom to take the traffic school because you can simply do it online.

It is not as difficult as it sounds to find a Florida online driving school. There a lot of providers who have made courses available for students. But don’t assume that all of these online traffic schools are Florida approved traffic schools. Be mindful that not all online traffic schools are approved for court use. I suggest you check with the courts to find out which online traffic schools in Florida are worthy of their seal of approval. The list of approved Florida online traffic school providers could probably be found at the State’s Department of Transportation website or other government web location.

If you have already found a provider that you and your court like, you just need to register on a web page and establish an account. After that, you will have access to the traffic school materials that have been customized to include laws and regulations in the State of Florida, and go through the course to learn all the state-mandated items that they feel a traffic violator would benefit from learning in a defensive driving class. After your course, you’ll take a final exam and you’ll be required to get a minimum percentage correct in order to pass the course. You will be receiving a certificate of completion in the mail and be able to bring it to court to show that you have satisfied the traffic school requirements.

Reader’s Question:

Is it possible that I was intoxicated at the time that I was tested in Palm Beach, Florida, but not during I was driving? And, does this make a disparity?

Janice

Palm Beach, FL

The answers for both your questions Janice is yes. Our Florida law only offers that the felony of DWI happens when a person has an alcohol concentration of .08 or more in his body or has lost normal use of his intellectual or bodily abilities at that time that he or she is driving. So, the timing of the particular test in question can present a significant problem for either the prosecution or the defense (depending upon the circumstances). This problem usually arises in connection with breath or blood tests tested approximately 45 minutes to 1 hour and 15 minutes after driving. In such delayed testing, absent other information about the quantity of alcoholic drinks used, the type of drinks used, and information of when the drinks were consumed, a person’s alcohol level at the time of driving may have been elevated, dropped or the similar.

In order to link the test result to alcohol level at the time of driving the prosecution may attempt to present expert testimony. The procedure the “expert” uses to tell the test result back to the time of driving is known as retrograde extrapolation. Depending upon the facts in your case, the expert may use his facts regarding alcohol assimilation, circulation and removal to have the State’s extrapolation evidence excluded or to raise issues of reasonable doubt in connection with that evidence.

READER QUESTION:

What’s the point of getting an AV rated New York DUI lawyer?

Samuel

HEY THERE, SAMUEL.

The point of getting an AV rated New York DUI lawyer is that you are getting a lawyer who is basically the top of his or her class. An AV rated lawyer has been evaluated by their peers who are also extremely knowledgable in their area of practice and have been found to be exceptional. These lawyers tend to have many many years of experience, low rates of failure, and higher quality of service for their clientele.

Some people may state that they cannot afford an AV rated New York DUI lawyer. While for some this may be true, for many it isn’t quite as out of reach as they may think. Lawyers want clients because they want money, and because of this, all those except for the ones that cater to the richest 1% are likely to have a sort of payment plan by which you can pay out what you owe them. Often you can pay minimum monthly payments, and also take an active role in deciding how much you are being charged during your case’s defense.

–Fashun.

READER QUESTION:

Should I hire an AV rated Palm Beach DUI attorney?

Maggie

Good question, Maggie.

An AV rated Palm Beach DUI attorney would definitely be your best bet if you’re looking for quality representation. Here are a few things you can get from an AV rated lawyer which wouldn’t be guaranteed among other lawyers.

• assurance of experience–AV rated Palm Beach DUI attorney will always be extremely knowledgeable in their field
• assurance of acclaim–lawyers receive an AV rating from their peers, meaning they are being rated by other experts, who should know a good one when they see them
• assurance of ability–lawyers with good AV ratings have excellent case record, ranging from high success rates to total success rates

There are some obstacles when hiring an AV rated Palm Beach DUI attorney, and most of these stem from the pricing, which tends to be hire when AV ratings are involved. You pay for the service you receive, though, so sometimes it’s best to just grin and bear it and arrange the ways you can. Most lawyers allow for you to make regular payments on your charged amount, and you can also control the amount paid for those who charge by the hour while you’re still in the middle of your case.

–Fashun.

READER QUESTION:

Can you explain to me how to know what to do when hiring a Palm Beach DUI attorney?

Chris

THANKS FOR ASKING, CHRIS.

When hiring a Palm Beach DUI attorney, it’s most beneficial to be as inquisitive as possible. ASK! About everything! Remember, you have center stage here, so don’t just take vague statements. You need to hire a lawyer you are comfortable with, and also one that knows their stuff.

Make sure your lawyer defines their experience. When they say they have however many years of experience, in what? In DUI law? If not, then get out. If yes, ask them how many DUI cases they handle, and what percentage that is of their workload. When did they last handle a DUI case, and how did it turn out? Do they stay on top of changes in current laws, do they attend conferences on DUI defense, and so on?

You also have to make sure that they have an understanding of your case and can communicate it to you. If they can’t get their point accross to you, then there’s nothing you can do. They also need to have fair fees for their services, and be able to explain them to you.

–Fashun.

Sometimes, hiring a Florida DWI attorney can be very serious. It could be the difference between probation and spending several years in prison. when you are part of a case such as the following, then not only do you need a lawyer, but you need a very good one. Don’t consider anybody short of a lawyer who practices only in DUI, and if you can’t afford one, there are other ways you can get representation.

Go get a Florida DWI attorney right now if…

• you were in a disastorous accident. You could be in terrible trouble if someone in the other car, or even your own, suffered injury because of your reckless driving. If somebody died, then you’re in even more trouble. Without a DUI lawyer, you’re pretty much screwed, and even with one it will be an uphill battle.
• if you’ve got a job that requires you to drive, such as a taxi driver or traveling salesperson, then losing your license could be the end of your world and put you on the street. Hire a lawyer to see if they can get you a special restricted license.
• if this is just another DWI on an already long list of them, then the court system’s patience is probably wearing thin with you, and you will need to fight extra hard this time.

Q: What can a Florida DUI lawyer do?

A: A Florida DUI lawyer can one up you the most on one thing–they know Florida DUI law much better than you do. You can’t really know what to do with your situation until you find out what the laws are, how serious an offense you are being accused of, what the evidence against you means, and what consequences could come to haunt you.

As someone who isn’t a Florida DUI lawyer, you also don’t know the system well enough to represent yourself well and court. You could end up losing a lot of money and time because of this. Since DUI isn’t your job, it will also be hard on you if you are required to deal with all of the essentials of your case, such as filling out the right paperwork, calling up the right people, juggling court dates, and all of the rest,

Before you get in the car after having some drinks, think about how much you care about money and not having debt. Yeah, it may be too late for you, but it’s important that you have a realistic view of the Palm Beach DUI lawyer cost. On top of fees and fines, bail costs, court costs, and higher insurance premiums, you’re going to have to choose what sort of rate plans you want for your Palm Beach DUI lawyer cost, and sometimes this can be steep.

• By the hour.

Some lawyers charge for their services hour by hour. While this may seem like the cheapest rate at first look, you need a good assessment of how complicated your case is, and how long it will take. The more complex the case, the longer it needs to be resolved, and the higher your price will be.

• Flat rate.

Other DUI attorneys charge by a flat rate, where you pay a single unchangeable amount for all of their services. Occasionally, they will cut this into two sections, one for preperation costs and another for court costs.