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Author Archives: Morgan Constable
Once you are arrested for driving under the influence, you might be concerned about how the getting convicted with the pending charges might affect your record. You might worry that if convicted, you could lose your license for a period of time and suffer from losing your driving privileges. However, did you know that once you’re charged with a DUI, the Department of Motor Vehicles will seek to suspend your license for merely being arrested on a DUI charge? In case you weren’t aware, the DMV will pursue your license suspension after you’ve been cited for driving under the influence, regardless of whether you get convicted or not. This measure is entirely separate from the criminal charges the State pursues against you.
Although the certainty of facing a DMV license suspension adds more stress on top of defending a DUI conviction, knowing how to handle these circumstances is half the battle. Hiring an experienced DUI attorney, like those at the Law Office of Ameen and Shafii, can help you navigate through the obstacles that a DUI charge brings, and move you several steps closer to securing your license and your freedoms.
After you are arrested for a DUI, you only have 10 days to contest the DMV suspension of your license. Within this time span, you’re required to request a hearing with the DMV even if your criminal case is dropped, or your license will automatically be suspended. Seeking experienced DUI counsel is very important during this period, as time is of the essence.
Once a hearing is scheduled, a DMV appointed hearing officer will be appointed to your case. Like a standard court case, witness subpoenas and supporting documents are considered to determine whether or not the officer properly determined you were above threshold. The DMV has lower standards for what can be admitted during this hearing, so be aware that most supporting evidence will be considered to determine if the officer who cited you had probable cause. After consideration, the examiner will either uphold or rescind the suspension, and you will be notified of this outcome by mail.
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Imagine you’ve spent a night out with friends and you’ve had a few too many drinks. Everyone is leaving and you know that you probably shouldn’t drive, but you consider driving despite your instincts. Chances are your blood alcohol level is above Florida’s legal limit of .08, and as an experienced driver, you know that every time you decide to get on the road, you are at risk of getting pulled over. Perhaps your judgment seems fine by your standards, and you consider risking it. Before you commit to avoiding the cost of a taxi or the hassle of calling a trusted friend or family member, consider the costliness of a DUI that leaves you with court dates and the expense of hiring an experienced DUI attorney.
The first time someone receives their first DUI in the state of Florida, he or she faces up to 6-9 months in jail and may have to pay between $500 to $2,000 dollars. Additionally, they may also lose their license for 180 days to one year. This penalty can makes traveling to and from work very difficult and can result in losing even more money. Second time DUI offenders face jail time ranging from 9 months to a year. Fines and penalties for second time offenders range between $1,000 and $4,000, and a second DUI can cause someone to lose their license for up to 5 years. Finally, someone convicted of a third DUI can go to jail for up to 1 year and pay no less than between $2,000 and $5,000 in fines and penalties. Even worse, a third DUI conviction can cause a driver to lose his or her license for up to 10 years. These numbers should make someone previously convicted of a DUI especially cautious before getting behind the wheel after drinking anything.
Drunk driving can result in more than just negative personal consequences. Remember that getting behind the wheel while impaired can place more substantial burdens on society. Driving accidents caused by intoxicated motorists can also result in the fatalities of other innocent drivers. For instance, drunk driving on I-275 in Hillsborough County alone has caused two fatal collisions already this year. DUI convictions not only cost you time and money, but they put the valuable lives of our city’s residents in danger including your own. If you plan on going out and having drinks, make alternative transportation arrangements in advance. Aside from taxi services, the National Directory of Designated Driver Services offers a broad range of transportation options for those who plan on engaging in alcohol consumption.
Remember, if you are facing a driving under the influence charge, and you want the best chance of acquittal or lesser penalty, choose the experienced Tampa DUI attorneys at the Law Office of Ameen and Shafii. Call toll free 1-800-436-8332 for your free Tampa DUI attorney consultation.