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Violation of probation from DUI
Hello all. My husband got his first DUI charge in 2012. He went to his classes, they put him on probation and put an interlock machine in his car for 6 months. One day - at almost the end of his 6 month period - he had a cocktail at lunch around 1pm with the company, his shift was over at midnight, but the machine still read it as a violation. I'm no even sure what ensued after that because he turned the interlock machine in, but since he blew dirty that one time, it was considered a violation of probation. He's had an open warrant out since march of 2013. He retained a lawyer and has a court date on Monday. Will he have to do time - a day, a week, a month - considering the original charge was DUI and he violated probation and this is a warrant that's been open for 3 years...??? I'm nervous about his court date...just wanting to get some advice on some of the possibilities to expect. He does have priors but that was over 20 years ago when he was in his late teens, early 20s. Thank you!
You have good reason to be nervous, but can't accurately predict any potential jail time at this point as it depends on...
How do I get my license back after a DUI conviction?
I was arrested for a DUI (over 0.15), and completed all of my conditions of probation. I was arrested while driving a friend's vehicle - I don't own one. I was court ordered to get an Ignition Interlock device installed in my vehicle. I have saved up enough money for a down payment (already approved financing), get the appropriate insurance coverage, get the Interlock device installed, and pay all fines to get my license reinstated.
Here's the problem, and I no one seems to be able to help. I'm stuck in a perpetual loop of insanity, and it's aggravating as all get out. I cannot purchase a vehicle or insurance without a valid driver's license. However, I cannot get a valid driver's license until I show proof of the SR-22 insurance coverage and proof of the Interlock installation. I can't get one without the other, or the other without the one. I go to the dealership and they tell me I can't get a car without a valid driver's license. My insurance company won't even cover me if my license isn't valid. But I can't get my driver's license reinstated until I have those two. I'm out of ideas. Can an attorney help with this at all?
As crazy as it sounds, one way around this problem is to use a friend's vehicle to get your license and then once you...
Can I receive a driver's license after completing a sentence for DUI Manslaughter in Florida?
I am currently completing a 10 year prison sentence at a work release facilty in Florida. I am being told that I cannot receive a driver's license until 5 year after my release. I am immediately moving back to the state I am from (Michigan) to finish off my probation there. Will different state have different rules regarding obtaining a driver's license? Michigan does not give hardship license so even if I get that in Florida after 5 years it wont help me in Michigan? Right? Plus if I am living in another state how am I supposed to go through dui monitoring and testing from Michigan? Any help will be appreciated!
You need to arrange for the move back to Michigan before you get released, through the interstate compact for transfer...
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).
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...
How do you get a DUI dismissed when the charges were issued passed the statute of limitations in our state. 4 years
My husband was arrested for DUI and driving on a revoked license in our neighboring county. When I posted his bail we were told there was a bench warrant for his arrest on a DUI in our county. He had been arrested in 2012 for driving without a license. He refused to take the Breathalyzer test and was released from jail ROR the following day. He wasn't given a court date or any DUI charges. It wasn't until his arrest in another county that we found out about the bench warrant. We did move to a home we purchased in 2013, but we filed a forwarding address with the post office. At no time did we leave the state or country. Since this DUI charge was not delivered until nearly 4 years later it is past the statute of limitations for a 3rd degree felony DUI in Florida. We informed the court appointed attorney of this and he has not put in a request to have the charges dismissed for this reason. What can we do?
Ask your attorney why he is not pursuing it. Likely he has a good reason, but we should not second guess him here.
If I have a 3rd DUI arrest, but this is the first one I have had in more than 10 years. Can the other 2 be counted against me?
I was arrested in February 2016 for DUI and driving while my license was revoked. My last one was in 2002. I thought the law was that if you get more than one in 10 years it's a felony. The States Attorney wants to put me in jail for 3 years, followed by 3 years probation.
A third DUI offense within 10 years of the last conviction is a 3rd degree felony. It is punishable by up to five years...