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An arrest for DUI (Driving under the Influence) in Florida is not an uncommon occurrence. A 2009 study by the Century Council found that roughly 53,000 men, women and minors under 21 were arrested for DUI in Florida. In 2009, there were 770 drunk driving accidents that resulted in fatalities. This figure does not include the hundreds of accidents resulting in serious bodily injury and property damage.

Given Florida’s high rate of drunk driving and the serious damage it can produce, it is not surprising that Florida’s Legislature has put in place consequences to ensure that the offense is not taken lightly. The Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for handling the administrative aspect of a DUI arrest, namely the license suspension. After a DUI suspect fails the breathalyzer test or refuses to take the test, the arresting officer will immediately confiscate their license. This is done even before the guilt or innocence of the driver is determined in criminal court.

Many people arrested for a DUI offense are deeply concerned with the fate of their driver’s license. Since people rely heavily on automobiles to commute to work, school and to perform necessary tasks for dependent family members, the loss of a driver’s license for any period of time is unthinkable for many. Fortunately, there are official processes that may be used to avoid an administrative license suspension or obtain a special limited license in the event of a criminal conviction.

After an arrest for DUI, a person has 10 days to challenge their administrative driver’s license suspension with the Florida DHSMV in writing. Law enforcement officers are required to explain this fact to those arrested for DUI, but it can be easily forgotten with the shock and confusion of the arrest. Note that this option is not available for a Commercial Driver’s License (CDL), though CDL holders may still challenge the administrative suspension of a non-commercial driver’s license.

The Florida DHSMV will schedule a formal hearing within 30 days after receiving the request to challenge the license suspension. This hearing is administrative in nature and is distinct from the criminal hearing. This hearing determines if an individual can keep their driving privileges, and if these privileges should have limitations. This is done by determining if the arresting officer had probable cause to stop the driver, examining whether the officer properly advised the alleged offender of the suspension for refusal or failure to pass an intoxication test, and reviewing the results of the blood or breath tests.

Many people facing this complex situation choose to hire an experienced DUI attorney. A competent criminal defense attorney can help a person through both the criminal and administrative aspects of the case. In fact, it is often advisable for the attorney to represent their client in the administrative hearing as well. During the administrative license suspension hearing, the prosecutor is not present, which can be beneficial to a person’s defense. Certain information may also be revealed in the administrative hearing that can prove useful during the criminal trial, especially details from uncoached witnesses or the arresting officer.

If the outcome of the case is that the person’s license is revoked or if the person did not request a formal license review hearing, the following Florida license suspension laws apply:

Driving a non-commercial vehicle with alcohol level of.08 or above

* 1st suspension – 6 months
* 1st suspension (refusal to submit to blood, urine, or breath test) – 1 year
* 2nd or subsequent suspension – 1 year
* 2nd or subsequent suspension (refusal to submit to blood, urine, or breath test) – 18 months

Driving a commercial vehicle with blood alcohol level of.04 or above or under the influence of drugs

* 1st disqualification – 1 year disqualification
* 1st disqualification (refusal to submit to blood, breath, or urine test) – 1 year disqualification
* 2nd disqualification – permanent disqualification
* 2nd or subsequent disqualification (refusing to submit to blood, breath, or urine test) – permanent disqualification

Driver under the age of 21 with a BAC of.02 or above

* 1st suspension – 6 months
* 2nd or subsequent suspension – 1 year
* 1st suspension (breath test refusal) – 1 year
* 2nd or subsequent suspension (refusal to submit) – 18 months

The administrative suspension is effective immediately. However, if the driver is eligible, the arresting officer will issue a temporary permit. This permit is valid for 10 days from the date of arrest, the same length of time that the driver has to challenge the license suspension.

There is also the option to apply for a special hardship license with the Florida DHSMV before the end of the license revocation period. This license is extremely limited in nature, allowing only for commute to work, school and other pre-determined locations. Should a law enforcement officer discover the driver outside of these locations, the temporary license privileges will be immediately revoked. Eligibility is not easy as proof must be submitted that the lack of driving privileges impose a severe hardship on current employment or education enrollment. Additional restrictions may apply.

In order to reinstate a driver’s license after the end of the license suspension period, an individual must also pay a license reinstatement fee.

The processes described above to mitigate a suspended license are not easy, automatic, nor do they come with a guaranteed outcome, but they can help a person retain their driving privileges after a DUI in Florida. With the potentially severe consequences of a revocation, it is often in the best interests of the DUI driver to pursue every available option, preferably with the aid of a criminal defense attorney.

Though the public may abandon and persecute sexual assault suspects before a conviction is ever reached, sexual assault attorneys believe that all individuals, regardless of the crime they may have been charged with, are entitled to their legal rights, as outlined in the U.S. Constitution. This includes due process of the law, a fair and speedy trial overseen by a jury of peers, and exemption from cruel and unusual punishment.

What are sexual assault crimes?
Sexual assault generally refers to any crime when an individual uses actual or threatened force to coerce another person into non-consensual sexual activity. These crimes can range from sexual harassment to sexual groping to assault/battery to attempted rape. Sexual assault accusations can also result in federal sexual abuse charges.

Why should I hire a sexual crime lawyer?
It can prove to be extremely difficult to “start over” once a person has been convicted of sexual activity. The consequences for sexual assaults can be life altering, and include jail time, probation limitations, and mandatory registration as a sex offender.

By summoning the strength to confront those who wronged you and file a claim against them for damages, you will be taking a major step towards moving on with your life. There may be instances in which the alleged victim appears to be consenting, but in actuality may not be, can create a gray area when a case is being tried. This ambiguity can result in a case dismissal before the charges are ever brought to court. Therefore, for the best chance of obtaining a successful case resolution, you need a lawyer with an exhaustive understanding of the legal system.

Hire an aggressive and qualified sexual assault attorney
Not all sexual assault attorneys are alike. In many instances the outcome of your case may hinge more on having the right sexual crime lawyer rather than the case law in your favor. Ask these questions:

1. Does your attorney have experience in this type of case?
2. Has your lawyer been to trial in a sexual crime case?
3. Is your lawyer fully informed of each and every step involved in the legal process?

You can answer these questions by checking the attorney’s website, which often lists the attorney’s experience, education, and speaking engagements. You can also ask the questions over the phone. A skilled attorney will aggressively defend the rights of individuals accused of any sex crime, including child molestation, and they provide effective representation to those accused of assault and battery, drug offenses, and federal and state crimes.

If you or someone you know is facing potential sexual assaults charges, it is critical that you work with a defense team that has specific experience and proven results in these types of cases. Don’t let just anyone try your case; consult someone you can trust. Because of severe sentencing guidelines and the requirement to register as a sex offender, it is critical that you aggressively fight this charge. To have the best chance of obtaining a case dismissal, sentence reduction, or acquittal, you or a loved one needs a sexual assault lawyer who will aggressively defend you in court.

If you or a loved one has been accused of any sex crime, our Los Angeles sex crimes lawyer can help. The consequences for a conviction on sex crimes can be severe and life-changing. At the Manuelian Law Firm, our Sexual Assault Attorney Los Angeles will see that your legal rights are protected and that you receive a fair trial.

Sometimes I’m approached by folks who want to fight their DWI charge tooth and nail. They’re convinced they were driving impaired, and they are dead certain that a jury of their peers will find them “Not Guilty.”

Whether a client – also known as the Defendant or the Accused – wants to go to a jury trial is always a question for them to make. It’s their life.

Where the case is right to take to a jury, I am happy to fight that fight. Even where a case is difficult, time-consuming, or tough to litigate, I am happy to argue a case to a jury. After all, I’m a trial lawyer.

But here’s what someone should know about how a DWI is handled in North Carolina.

1. Before you reach a jury, you will first need to go through a bench trial. Depending on various factors, it may take anywhere from 6 to 9 months to have you trial heard in District Court.

2. If you win after a trial on the merits in District Court, your case is over. The State of North Carolina may not appeal a Not Guilty verdict by a judge in District Court. (The State may appeal lost motions to suppress where the individual was not arraigned.)

3. If you lose after a trial on the merits in District Court – that is, if you are found guilty – you at your option may appeal the verdict.

4. You or your attorney may give the Notice of Appeal in open court. This is the simplest way of making an appeal. In most cases, a judge will not impose an appeal bond. If no appeal bond is imposed, you may walk out of court with your license in hand (assuming you were otherwise able to drive to court) and proceed on with your life until your case reaches trial in Superior Court.

5. If you fail to give Notice of Appeal in District Court, you must give Notice of Appeal within 10 days of your District Court judgment if you wish to appeal. Notice should be given in writing to the Clerk of Court. In Wake County, the Clerk of Court for criminal court can be found in room 102 of the courthouse.

6. Once you give Notice of Appeal, a new court date – this time in Superior Court – will be set and you will need to appear in Superior Court to be given a trial date. In Wake County so many cases are appealed that there are literally hundreds of people who line-up every other Monday in courtroom 3D.

It’s important to keep in mind that just because you lost your case in District Court does not mean that you will necessarily lose your case in Superior Court. This is because a jury may be more skeptical of the State’s case. Or this is because the State’s case may weaken over time.

It’s important for you to discuss all your options with your lawyer both before you hire the lawyer, but also in the event you should lose in District Court.

North Carolina’s prosecutors – District Attorneys – control the criminal calendar, whereas in most other states, the calendar is controlled by an independent judicially authorized administrator.

While formally each judicial district is supposed to have a docketing plan pursuant to N.C.G.S. 7A-49.4, the docketing plans aren’t always binding.

Through their control of the calendar, prosecutors can effectively decide when and in front of which judges matters are heard. Since judges are not interchangeable, the choice of judge can greatly affect the outcome of a matter.

Through their management of the calendar, prosecutors can decide which judges hear which cases. One would think this practice would be unconstitutional.

However, since prosecutors in nearly all other states don’t have such power, very little case law has been created about this issue because most lawyers in the country don’t practice in such a regime.

While prosecutorial control of the calendar is rare today – confined to a few states – it used to be more common. Eighty years ago it was the case that prosecutors in most states controlled the calendar.

As Andrew Siegel notes in his article on South Carolina’s calendaring system, many states featured prosecutorial control of the calendar in the early 20th century. As the criminal justice system evolved in the 19th century, judges would ride circuit. They would literally ride from judicial district to judicial district. In a given week, for instance, they might be in Raleigh. Or Wilson. Or Pittsboro.

Not only would judges ride circuit, but defense lawyers would ride circuit behind the judges. Consequently, the only people who permanently worked and resided in a single location were prosecutors (and sheriff’s) who would look after the cases and defendants located in a particular location.

Judges therefore relied upon prosecutors to maintain the list of cases that needed to be resolved in a given location so that when judges rode into town, the calendar was easily available.

At the same time, in the 19th century prosecutors were regarded as neutral. Over time, prosecutors, however, became associated with zealous advocacy of the state’s position, as opposed to neutral officials.

Siegel, in his article, notes that even as the criminal justice system took on a more modern shape in the early 20th century, prosecutors clung to their special powers to set the calendar and call the calendar in the order of their choosing.

While nearly all states have abandoned this practice – recognizing the inherent unfairness – North Carolina continues to feature prosecutorial control of the calendar.