Fort Lauderdale Criminal Defense Lawyer

Florida’s Juvenile DUI Laws

2011-06-17T05:28:00.000-04:00

Facing a DUI at any age can be life changing. Facing a Florida DUI when you are under 21 has particularly harsh consequences both short term and long-term.

You do not need a Ft. Lauderdale DUI attorney to tell you that it is illegal for any person under the age of 21 to drink. However, you do need a Fort Lauderdale criminal attorney if a Florida minor combines drinking and driving. A Florida DUI for an individual under 21 can result in serious sanctions, including jail time, fines, court costs, community service and a license suspension. Even more devastating can be the long term costs of a juvenile Ft Lauderdale DUI – increased insurance premiums and potential limitation of future employment opportunities. Additionally, a student may be suspended or expelled from high school or college.

It is estimated that 23% of teen drivers ages 15 to 20 who die in fatal car accidents have a blood alcohol level of .08 percent or higher. Compounding the problem, 30% of teenagers admit riding in the car with a minor who has been drinking during the last month.

We have all seen the gruesome headlines in the Fort Lauderdale newspapers about multi-car crashes involving underage drivers. In fact, in response to the increasing number of juvenile DUIs, Florida passed a “zero tolerance policy” in 1997 for young people under the age of 21 who drink and drive. The zero tolerance law provides for an administrative suspension of the driving privilege of any driver under the age of 21 who is found to have a blood or breath alcohol concentration (BAC) of .02 or greater. The .02 limit really means juveniles under the age of 21 cannot have a single drink and drive.

If you are under 21 and your BAC is measured above .05 percent, you will be subject to more severe penalties including the requirement that you complete a substance abuse treatment course. Additionally, law enforcement in the state of Florida does have the option to charge an underage drinker for minor consumption of alcohol or minor in possession of alcohol if the driver registers a BAC of .02% to .07%. These criminal charges will be on top of the administrative action imposed under the zero tolerance laws.

And if you’re a juvenile under 21 with a BAC of .08 percent or above, the sanctions just keep getting worse.

Drivers under the age of 21 with a blood alcohol level of .02% or more will have their license immediately suspended for six months, unless this suspension is challenged within 10 days. This administrative action is for a first offense; a second offense will result in a one year suspension. Refusal to submit to breath, blood or urine testing (first offense) results in a suspension of twelve months or eighteen months on a second offense.

There are some rules that apply before the Florida zero tolerance law can be applied. An underage driver must be stopped through a lawful contact, either a traffic stop related to a violation, contact at a sobriety checkpoint, contact at a crash site or consensual contact with the driver. In other words, the police officer must have reasonable suspicion for a detention and probable cause for an arrest.

Under Section 322.2616 of the Florida Statutes, a DUI officer in Broward County, FL, can request that any driver under the age of 21 submit to a breath test, urine test, or blood test if the DUI officer has probable cause to believe the driver is impaired or under the influence by alcohol or drugs (they need not believe the impairment to be the legal limit of .08 but even anything above a .02). Simply smelling alcohol on the driver's breath after a traffic stop coupled with any other indicator of impairment (i.e. red, bloodshot or watery eyes, flushed face, etc.) is often sufficient for further detention and investigation that may lead to the juvenile or under age of 21 driver’s suspension and arrest.

If the driver declines the arresting officer's request for a chemical test, or if the breath test reading is .02 or higher then an automatic administrative suspension will occur unless an administrative hearing is requested within the specified to invalidate the suspension. That request for a formal review hearing must be made in writing within the 10 days after the arrest of the under age 21 driver in Ft. Lauderdale, FL or the applicable county where the arrest and/or suspension was made. If the required hearing is not timely requested after the DUI arrest and/or suspension or if the driver does not prevail after the formal review hearing to invalidate the administrative suspension, then the following suspension will occur for any person under the age of 21 who took the breath test and blew over the .02 legal limit:

First under age 21 DUI Suspension: Six (6) months; or
Second or subsequent under age 21 DUI suspensions: Twelve (12) months.

If the juvenile and/or under age driver refused to take a breath, blood or urine test following the arrest for DUI and the officer had the right to request the specific test, then the driver will face the following penalties administratively in addition to potential criminal sanctions as well.

First under age 21 DUI Suspension: Twelve (12) months;
Second or Subsequent under age 21 DUI Suspension: Eighteen (18) months.

In certain DUI cases, if a driver under the age 21 blows over .05 they may be subject to additional punishments including a requirement that the driver's license suspension remain in effect until the driver completes a substance abuse evaluation and treatment course along with other penalties.

Let’s face it. Getting around in South Florida is not an easy task without a driver license. It is hard enough to get around taking care of your own needs let alone finding time to drive your juvenile or under 21 children to school, work or other activities.

And this is where a juvenile DUI lawyer will be invaluable. An experienced Ft. Lauderdale DUI attorney will make sure an administrative hearing is held to have the juvenile DUI charges either dismissed or potentially reduced. This hearing gives the DUI attorney a chance to review all the legal and procedural aspects of the case in order to try to avoid the painful ramifications the Florida DUI case imposes upon those who can successfully challenge their case. YOU ONLY HAVE 10 DAYS FROM THE ARREST AND/OR SUSPENSION TO CHALLENGE THE LOSS OF YOUR DRIVING PRIVILEGES. Do not delay and contact an experienced DUI defense attorney to begin strategizing a DUI defense. For instance:

Was the stop legal?
Were the officer’s observations of your intoxication accurate?
Was the field sobriety testing valid?
Were any technical errors made?
Was the equipment used a permitted device in compliance with all applicable regulations

These are just a few of the questions an experienced DUI lawyer will ask while assembling a Florida DUI juvenile defense. Very few laws are ironclad; most are subject to interpretation. A good juvenile DUI defense attorney will know the loopholes in both the zero tolerance laws and the juvenile DUI laws that can lead to mounting a vigorous defense. If not, a Ft Lauderdale DUI conviction can haunt a juvenile for the rest of his/her life.

Find The Best Traffic Ticket Lawyer Fort Lauderdale

2011-02-15T03:08:00.002-05:00

In all the states of the United States, one of the most commonly violated regulations is the traffic laws. As a result, in several states the laws have been made very strict. One such instance of revised regulation is "Driving under Intoxication". One of the most important changes made on this regulation is that for the new bargaining plea restriction, a district lawyer cannot decrease the charges into a DWI (Driving While Impaired) one. If a person gets convicted, needs to pay a high penalty and the period for license revocation is longer.

The state of South Florida bases every penalty on a point system. Certain numbers of points are connected with a particular traffic violation. Hence, it is most important for a person to keep these points to a minimum, for minimizing the penalties and charges. For DUI violations, a second conviction within a period of 10 years is now considered as a felony. It is therefore most important that the legal counsel representing a person knows this and relays this information to him. If the person wants to contest a VOP and steer clear from getting unjust penalties, should appoint an experienced and highly competent lawyer.

Actually the situation becomes quite difficult when it comes to finding good traffic ticket lawyer for representing a person in court. Numerous old school lawyers are from time to time not updated with the new regulations. As a result, both the lawyer and the client get caught off guard with the new law provisions.

Do you need a reliable and experienced traffic ticket lawyer Fort Lauderdale? Fort Lauderdale is a place in the United States, where the residents are getting benefited by the high quality services of Michael D. Leader and George N. Leader. If you want to know more about their services, log onto www.criminallawleader.com. This popular firm has been providing top grade legal services to hundreds of people for many years. Their experienced attorneys will ensure that you are treated fairly. They will ensure that your rights are protected, whether it is through negotiations or settlements in the court. This firm has gained outstanding reputation as providers of outstanding legal services by experienced attorneys. They don't charge you anything for consultation. Their lawyers also offer hospital and home visits, if you are physically unable to come. Their fees are also very affordable. So, you don't have to worry about burning a hole in your pocket. So, what are you waiting for? Contact them now.

Fort Lauderdale Criminal Defense Attorney Is There When You Need Them Most

2011-02-12T02:33:00.002-05:00

If you have been charged with any criminal activity; you need to help of criminal defense attorney for your defense. You are likely not to know what Attorneys are out there unless you have personal experience or have already retained a Fort Lauderdale Criminal Defense Attorney. With any defense, you do need help; it is not something that can be treating carelessly. Choosing your Fort Lauderdale Criminal Defense attorney based on their specific area of law could be the way to go.

As with most things in life, you don't really have any knowledge on specific things until you either, need to know or have a particular interest. Therefore, if you need to hire a Fort Lauderdale criminal defense attorney you are likely to be starting in a position of not knowing whom to turn to. Any arrest or charge for a criminal offence is a traumatic and upsetting time for all concerned. Your Fort Lauderdale criminal defense attorney should take into accounts your heightened stress and emotionality in their dealings with you.

You need to hire your attorney as speedily as possible so they can deal with any of the initial legalities of your case instantly. The faster criminal defense attorney Fort Lauderdale can act in your defense the better for the possible outcome. Numerous attorneys may advertise that they can get you off in any case this just isn't true. No Fort Lauderdale criminal defense attorney should state that they could get a case dismissed or a charge reduced. Until all of the facts of the case are gathered, no attorney can possibly have even an idea of the possible outcome.

Choose your Fort Lauderdale criminal defense attorney with care as your choice could mean the difference between a good and a bad outcome in your case. Choosing your criminal defense attorney Fort Lauderdale based on experience and reputation is possibly a good place to start if you're unsure of whom to choose. There are unluckily charlatans and attorneys that will misrepresent themselves just to get your business so be careful. There are very unscrupulous people out there just trying to make a speedy easy buck at your expense.

It may be worth checking out some firms that offer a free consultation. A face-to-face meeting with Fort Lauderdale criminal defense attorney can be the finest way of making your choice. You need to choose someone who understands your particular type of case, and you also need someone who will treat you with courtesy and respect. Some attorneys will use aggressiveness in their marketing, which they say will give them the edge in court. Do you really want to work with such a criminal defense attorney Fort Lauderdale?

If you have been arrested or charged, you are likely to be feeling vulnerable, confused and distressed and there are attorneys that will capitalize on you feeling that way. Don't be bullied or cajoled into choosing a criminal defense attorney Fort Lauderdale under those circumstances. You need to try to keep a clear head and some focus so you can give any Fort Lauderdale criminal defense attorney you hire all of the facts and crucial details of your case. A good attorney will take you through the facts and walk you through all of the processes involved in terms you can understand.

DUI Lawyer in Fort Lauderdale

2011-02-09T06:44:00.002-05:00

If you are arrested for a DUI in Fort Lauderdale, you’ll need to look for a highly qualified DUI lawyer in Fort Lauderdale for taking your case. Owning an advocate to navigate you through legal court system is going to be invaluable in your satisfaction and, ultimately, the outcome of this case. In case you have just been arrested for DUI it truly is to your advantage to master all of the applicable Florida DUI laws you will end up at the mercy of. These laws are discussed below.

So Why Do We Need Drunk Driving Lawyer in Fort Lauderdale?

In Fort Lauderdale Florida, the DUI laws are extremely tough. Listed here are the fees you’re probably facing; 23152(a) this is a misdemeanor to operate a vehicle ingesting alcohol and/or drugs.

23152(b) it’s a misdemeanor to drive with .08% or maybe more of alcohol within your blood.

In many instances, both 23152 (a) and 23152 (b) crimes will probably be charged. Instead only one act was performed what the law states clearly states a suspect arrested for DUI is generally (plus every instance is) convicted of the (a) and (b) crimes. Legislation also clearly states how the person could only be punished for Hands down the above crimes (the punishments are nearly identical though).

As you have seen, developing a South Florida DUI lawyer is vital towards the success of your case. As you can defend yourself inside your DUI case, a Fort Lauderdale DUI lawyer will assist you to navigate the tough local laws through experience and personal connections.

How do you know which DUI lawyer in Fort Lauderdale to decide on?

There are a variety of things to take into consideration in choosing a DUI lawyer in Fort Lauderdale. You’ll want to make appointments with several lawyers to interview them about their practice and relevant experience. A good DUI lawyer in South Florida should have a highly skilled good reputation for success with DUI cases and many important contacts to turn to. You must discover how many DUI cases the lawyer you select has defended and more importantly the final results of these cases within Fort Lauderdale.

A fantastic DUI lawyer in Fort Lauderdale will probably be your personal advocate in the courtroom and will also be capable of attend each of the required court proceedings for you. This will likely assist you to steer clear of the stressful, time-consuming court appearances unless the law requires you to specifically appear.

It’s also wise to find out how long your Fort Lauderdale DUI lawyer has been in practice. Naturally, the best option for just a good DUI lawyer can be an agent who has a lot of experience under his/her belt. Selecting your lawyer based on pricing is not usually the best choice because old adage ‘you get what we pay for’ is very true deciding on your DUI defense team.

Speak to Drunk driving Lawyer in Fort Lauderdale

If you are from the initial phases of seeking a DUI lawyer Fort Lauderdale, you should not ought to spend some cash. A professional Fort Lauderdale DUI lawyer will likely be thrilled to talk to you for a free consultation to go over your case. With this initial meeting you will discover out a little more about the fees in terms of your distinctive DUI charge. At the very least you need to speak to several DUI lawyers in Fort Lauderdale go over your case, find some good important free information and make your important decision about which will fully handle your case for this serious charge.

Useful Tips To Choose A Good DUI Lawyer

2011-02-08T07:23:00.003-05:00

Driving under the influence or DUI is a serious crime in a number of US cities like Fort Lauderdale (South Florida) and Davie (South Florida). Getting caught by the police in a DUI charge can have severe consequences however; most people are able to avoid serious penalties by hiring good DUI lawyers. Hiring the services of trustworthy and experienced DUI lawyers can help a lot in getting the best possible result from such charges.

Most US citizens residing in major cities like Fort Lauderdale (South Florida) and Davie (South Florida), who have been through the hassle of driving under the influence charges, would recommend first of all making a list of top DUI lawyers and then narrowing it down to a few which will help you decide whom to hire. Here are a few tips to help you select good driving under the influence lawyers:

1. Use the Internet for Research: Go to your favortie searche engine (Google, Yahoo, or Bing) and type in DUI Lawyer, DUI Attorney, Drunk Driving Defense, and the city you are in. If you lived in Fort lauderdale then you would type DUI Lawyer Ft Lauderdale in the search box to get a list of lawyers who are experts in handling DUI Defense Cases. Do a couple searches and see if you see some consistency of the DUI Attorneys or Law Firms who are appearing on the first page.

Related Coverage

• Some Useful Tips To Get A Good Fort Lauderdale DUI Lawyer

• FT Lauderdale DUI Attorney? Why?

• Fort Lauderdale DUI Defense Lawyer

• DUI Cases and DUI Lawyer Defense

It is vital to hire one who specializes in DUI cases since they will have the experience and knowledge necessary to deal with various drunk driving charges. It is usually recommended not to hire just any criminal lawyer. Many criminal defense lawyers have different areas of practice, ranging from drug defense to domestic violence, so make sure your lawyer specializes in DUI defense.

2. Ask about Success Rate: You will find many DUI lawyers who deal with numerous cases at the same time. However, it is important that know what their success rate it is in handling similar type DUI's.

3. Ask questions: Most of the lawyers offer consultation without any charges. You are likely to spend some hours with the lawyer whom you have chosen so it is always better to ask questions and clear any of your doubts. This will make you more confident with the lawyer.

If you are looking for reputable and experienced DUI lawyers - Fort Lauderdale (South Flroida) or Hollywood, Fl (South Florida) are examples of some of the cities in US where you can hire good lawyers, and two such lawyers exist at Leader & Leader Criminal Defense Law Firm. They have been in specialists in the field of DUI Defense for many years and represent their clients in each level of the South Florida federal and state court systems. Visit their website criminallawleader.com, where you can access further information about the firm and their contact details.