Bay Harbor Islands Crime

Bay Harbor Islands Crime

Crime, law and justice, and police blotter near Bay Harbor Islands, FL or anywhere in the US.

Recent Crime News

Bay Harbor Islands Law

Is DUI Dismissal equivalent to non-guilt?
So I took a breath test and it was over the limit (allegedly). My DUI case was Dismissed because of expiration of speedy trial date (yes I filed the motion for discharge and won, state didn't appeal it). Question: 1. Is this considered a dismissal with prejudice and therefore it's equivalent to "Not Guilty"? 2. Can I now get my License suspension invalidated pursuant to f s. 322.2615(16)? 3. Judge did not write or send me anything. How do I get a written order from the judge so I can show it as proof? Thank you very much for any input
The good news is your case is gone forever. It is dismissed with prejudice. However, a dismissal is not a verdict of...
What do I have to do to reinstate my license in FL & settle the DUI? Should I hire a lawyer to do it, or can i do this myself.
My inquiry is about a DUI (below.10) in South Carolina. I am a florida resident. I have done the mandatory 6 months suspension for the state of SC. I plead guilty. I received a letter in the mail stating what I believe is my sentence, which is a 6 months license revocation. It's been well over 6 months already. I received this DUI in Oct. 2014. My license never was suspended in the state of Florida. In April of last year my license expired and I tried to renew it. The admin at the DMV told me that I would be unable to renew my license in FL until I fixed what ever issue I had in SC. I contacted the clerks office in the county where I received the DUI. They informed me that I needed to plea guilty or take it to court. Since i am a FL resident. I am unable to go back and forth to court in SC. So I had the admin in SC send me the plea paperwork it took about 2 months to receive the paperwork. Anyways I plead guilty. About a month later i received the letter notifying me that my sentence was 6 months revocation of my license. Like I stated earlier, it's been well over 6 months. My license is now suspended in FL due to me being found guilty of drivin with a expired license over 6 months
Especially since you say you don't know what to do, the practical thing would be to retain an attorney.
Can you be arrested for a DUI later? Does consent need to be given for tox reports?
He had an accident while intoxicated. He was taken to the hospital and treated for his injuries. His story at the scene seemed to hold and he doesn't know if his blood was tested for alcohol at the scene or at the hospital. He cannot recall consenting to any exams. Advice given to us has always been if you're pulled over and intoxicated, don't agree to any field sobriety test or breathalyzer. He is home now but is wondering if he should seek representation. Would police show up later to his home if he is charged with a DUI? Or would he have been taken in immediately?
Yes, you can be arrested for a DUI later and no, you don't have to give consent for the cops to get the evidence.
Can he get exonerated for first charge so that he can be tried as a first time offender on the DUI case?
Friend was convicted of armed burglary (PBL) and took plea, received split sentence. Served 3 years, a couple months after being on probation due for 3 years violated with DUI / involuntary manslaughter so was now sentenced to 25 years on first charge for violating probation. There is new evidence on first charge (no gun powder residue) and other lab results which would clear him on the first charge. All cases are Miami Dade county. I know he needs an experienced criminal-defense attorney, just seeking a little guidance on the matter.
You have 2 years within which to file a motion for post conviction relief, so not likely. He will need defense counsel...
I have two Dui's in past, and i'm trying to obtain massage therapist license. Would my previous dui affect me getting my license
I have two Dui's in Miami Fl one in 2010 and othe dui in 2011. I currently have my drivers license reinstated with ignition interlock device installed in my car until November of this year. I was wondering if i go back to school to become massage therapist would my previous Dui's affect me obtaining my license as massage therapist
A reasonable question. You need to review the application for licensing. I'm sure you can find it on line. I doubt that...
How long can I expect DUI classes to take? Can I transfer classes from Colorado?
While in Colorado I was convicted of DWAI. I have priors. Colorado has a lifetime lookback so priors from 12 and 15 years ago count for both sentencing and for DUI class length. If I can move back to Florida how long can I expect DUI classes to be? My BAC was 0.09. Also will I be able to transfer the 6 months of classes I already took in Colorado?
FL treats out of state DUI's "as if" they occurred in FL. They will require that you complete all out-of-state...
Will I get jail time for DUI if I turn down the "Back On Track" program? What will be the ultimate consequences of a DUI charge?
February of 2015 I was pulled over for speeding and the officer smelled marijuana in my car and began to perform a roadside sobriety test which I failed. Since then, I got a lawyer and he said it would be best to try and get into the 'back on track program'. I was kicked out of BOT the day I went to sign up, it turns out I had a bench warrant for a misdemeanor cannabis possession charge I obtained after the DUI, and I got a bench warrant because the officer put my address down wrong. That misdemeanor ended up being dismissed. Now, to get back into BOT, the state is making me drug test. I took the first drug test in December and it came back positive, just took another one today and it still came back positive even though I've stopped smoking. Currently, I have another court date on February 11th for another drug test. At this point, this BOT program doesn't seem worth it and I would like to just take the DUI and pay whatever fines I have to pay, but today the judge said she could send me to jail for 6 months. So now I'm terrified if I tell the judge I'm not going to do the program, she'll send me to jail. What are the chances she will give me jail time?
The judge told you the maximum on your DUI. With a first time DUI there is an excellent chance that a negated plea will...