If you or someone y?u know has been ?????te? for D??ving Under the influence, you are not ?lon?. ?t?s e?timat?d that 53,000 ?eo?l? were arrested fo? DUI in 2009. A DU? ?? mu?h more than just a tr?ff?c ticket. ?t is ? very serious crimin?l offense th?t can have lifelong ?ons?quenc??. The ?en?lt??? associated with the ???me ?f DUI h??? seen ? steady increase ov?? the past 20 y??rs as society has ?e?ognized the dangers ?f impaired drivers. ?owev??, contrary to ??pul?r belief, it is not illegal t? drink an? d?i?e; it is ill?g?l to drive wh?le ?m?a??e?. Consequently, m?n? people charged with DU? are simply not gu?lty Tampa Criminal Lawyer .
?f you are arrested and charged with a DUI, and it i? your fi?st offense, you w?ll be facing a man??tor? minimum ?enten??. Th?? means that if you ?le?? guilty ?? no contest, th? judge ha? no choice but to ??nt?nce y?u to the?e guidelines as ?stabli?he? by l?w. Further, the court is n?t allowed to w?thhold adjudication on ? DUI conviction. ?h?? means you will not be eligible t? have your ????rd sealed or ?x?ung??; it will ?ta? with you for lif?.
??n?mum ??ndatory Penalties f?? a first time DU?:
6 month? of probation (R?ughly $60 per month in costs)
?ttend?nc? at DUI scho?l. ($231)
50 h?u?s of c?mmunity service
Impoundment of ?our ??hicle for 10 da?s
$500 fine plus court costs (This ?nd up costing over a th?usan? dollars)
6 months drivers license ?u???n???n
Fl?rid? Law on Driving Under th? Influence:
316.193 Dri?ing under the influence; ?en?lti??.?
(1) ? ??r?on is guilty of the offense of driving und?? the influence an? is subject t? ?unishment ?s provided in subsection (2) ?f the person is driving or in a?tu?l physical ?ontrol of a vehicle within th?s ?tate and:
(?) The p??son is under the ?nfluen?? of alcoholi? beverages, an? chemical substance set forth in s. 877.111, o? any substance controlled und?? chapter 893, when ?ff??ted to the extent th?t the ???son?s normal faculties are impaire?;
(b) ?he person has a bl???-alcohol level ?f 0.08 or more grams of ?lc?h?l per 100 m?llil?te?? of blood; ??
(?) The pe?s?n has a b??ath-alcohol level of 0.08 or m??? grams of alcohol ??r 210 liters of breath.
(2)(?) Except ?? provided in paragraph (b), ?ubs??tion (3), or ?ubs?ct??n (4), any ???son who i? ?onvict?d of a violation of ?ub???tion (1) shall be ?un??h??:
1. ?? ? fine of:
a. Not le?? than $250 ?? m?re than $500 fo? a first conviction.
b. Not less th?n $500 or more th?n $1,000 for ? second conviction; an?
2. ?? ?mp??sonment for:
a. Not m??? than 6 months f?? a first ??n?i?ti?n.
b. Not m??e than 9 months f?? a second ??nvi?tion.
3. Fo? ? second conviction, by m?nd?t??? placement f?r a period of ?t least 1 year, ?t the c?n???te? per??n?? s?l? expense, of an ?gniti?n interlock ?ev?ce approved by the d??artment in ??c?rdance with s. 316.1938 upon all vehicles th?t are ?n?i??du?lly or jointly l?a??? or owned ?nd routinely operated b? the ??n???t?d person, when th? convicted ?e???n qualifies for a ?e?manent or ?e?t??ct?d license. The installation of ?u?h device may n?t occur b?for? July 1, 2003.
(b)1. ?n? ???s?n who is con???t?? of ? third v??l?ti?n of thi? section for an offense that ??cu?s within 10 year? after ? ?rio? conviction for a v?ol?tion of thi? section commit? a fel?ny of the thi?? degree, punishable as provided in ?. 775.082, s. 775.083, or s. 775.084. In addition, the court shall order the man?at?ry plac?ment for a period of not less th?n 2 years, at the ??n??cte? p?r??n?s sole ???ens?, of ?n ign?t?on ?nterlo?k device approved b? the department in ?ccor??n?e with s. 316.1938 u??n all vehicles that ar? individually o? jointly l??se? or owned and routinely ?p??ate? by the convicted person, wh?n the convicted pe??on qu?lif??? for a ?erman?nt or restricted license. ?h? install?t?on of ?uch device may n?t occur before ?uly 1, 2003.
2. ?ny person who ?s convicted of a thi?d violation of this se?t?on for an offense th?t occurs more than 10 ye?rs after the date ?f a ??io? conviction f?? a ??ol?t??n of th?? section shall b? punished by ? fine of not les? than $1,000 or more th?n $2,500 ?nd by imprisonment for n?t more than 12 m?nths. In addition, the c?urt ?h?ll order the man?at?ry ?lac?ment for a period of at least 2 ?????, at th? c?nvi?te? person?s sole expense, of an ign?t??n ?nt?rl?ck ?ev??? approved by the d????tment in accordance with ?. 316.1938 u?on all vehicles that are individually or jointly leased or owned and ??utin?l? operated by th? con???te? person, when the ??nvi?te? per?on qualifies for a ??rm?nent or r?st?ict?? license. The installation ?f ?u?h ??v?ce may n?t occur before July 1, 2003.
3. ?ny person who is ?on??cted of a fourth or subsequent violation of this ?ect?on, regardless of when any pr?o? con?i?ti?n for a v?olat?on of th?? ???ti?n occurred, commits a felony of the third degree, puni?hable ?s provided in s. 775.082, s. 775.083, ?? s. 775.084. ??w???r, th? f?ne imposed for ?uch fourth or subsequent ?iol?tion may b? n?t less than $1,000.
(3) ?n? ?e???n:
(?) Who is ?n violation of subsection (1);
(b) Wh? operates a vehicle; ?n?
(?) Who, b? reason of such o??ration, causes or c?ntr?but?? to causing:
1. Damage to the ?r??ert? or per?on of another commits ? misdemeanor of the f??st degree, punish?bl? as ?ro?id?d in ?. 775.082 o? s. 775.083.
2. S?rious bodily injury to an?the?, ?? defined ?n s. 316.1933, c?mm?ts a f?lon? of the third degree, ?un?shable as provided in ?. 775.082, s. 775.083, ?? s. 775.084.
3. ?h? ??ath of any human being or unborn qu??k child commits DU? man?laught??, and commits:
a. ? felony of the second degree, ?uni?hable as pro?id?? in ?. 775.082, s. 775.083, ?r s. 775.084.
b. A felony of the fi??t degree, punishable as p??v?de? in s. 775.082, ?. 775.083, or s. 775.084, if:
(?) At the time ?f the crash, the person knew, ?? should have known, th?t the crash occurred; and
(??) The person fa?led to g??e information and ??n?e? aid as r?qu??ed b? s. 316.062.
Fo? purposes ?f thi? subsection, th? d?fin?t?on of the term ?unborn quick chil?? ?h?ll b? determined ?n accordance with the ?ef?n?tion of viable fetus ?s set forth in ?. 782.071.
(4) Any person who is convicted ?f ? violation of ?ubse?t?on (1) and who h?s a blood-alcohol l?vel or breath-?lc?hol level of 0.20 ?? higher, ?r any person who is convicted ?f a violation of subsection (1) an? who at the time of the offens? was accompanied in the vehicle b? a person unde? the ag? of 18 years, ?h?ll b? punished:
(a) By a fine of:
1. N?t l??? than $500 or mo?? th?n $1,000 for a f?rst conviction.
2. Not less th?n $1,000 or more than $2,000 fo? a second c?nv??t??n.
3. ?ot l??s than $2,000 f?? ? third ?? subsequent conviction.
(b) ?? imprisonment for:
1. ?ot more th?n 9 months for a first conviction.
2. N?t more than 12 m?nths for ? second conviction.
F?r the purposes of th?? subsection, only the ?n?tant offense is required t? be a ?i?lat??n of subsection (1) by ? person who has a blood-alcohol level ?? breath-alcohol level of 0.20 or high??.
(?) In addition t? the ??n?lt?es in paragraphs (a) and (b), the ??u?t shall ???e? th? m?n??t?r? placement, at the ?on?ict?d person?s ?ole expense, of an ignition ?nt??l?ck device approved b? the department ?n ?c?or??n?e with s. 316.1938 up?n all vehicles that ??e individually or j??ntly leased ?? owned ?nd routinely operated by the convicted person for up to 6 m?nth? for the first offens? ?nd for at least 2 yea?? for a second offense, when the ??nv?cted person qualifies f?? a permanent ?r r??t??cte? license. ?he installation of such ?e?i?? may n?t occur before July 1, 2003.
(5) ?he ?ou?t sh?ll place all offenders ??nvi?t?d of vi?l?ting this section on m?nthly reporting probation ?nd shall require completion ?f a substance abuse cou?s? ?on?u?ted by a DU? p??gr?m licensed b? the department under s. 322.292, which mu?t include a psychosocial ?v?luat?on of the offender. ?f the DUI program ??fer? the offender to an authorized substance abus? tre?tm?nt provider for substance ?buse treatment, in addition to any sentence or fine imposed under this ??cti?n, completion of all such e?uc?tion, evaluat?on, and treatm?nt is a ??ndit?on of reporting probation. The offender ?h?ll assume r?as?nable costs for su?h ??ucat?on, e?aluat??n, and treatm?nt. ?h? referral to t??atm?nt resulting from a psychosocial evaluation shall n?t b? waived without ? supporting independent ?sych????i?l e?aluat?on conducted by an auth???z?d substance abuse t??atm?nt provider appointed by the court, which ?hall have access to the DUI program?s ?sy?h?so???l ?v?luati?n before th? ?n????n?ent psychosocial evaluation is c?n?u?te?. The court shall review th? results and recommendations ?f both evaluations b?fo?? determining the request f?? waiver. ?h? ?ff?nd?? shall bear the full cost ?f this procedure. ?h? term ?substance ?bu??? means the abuse of alcohol or ?n? ?ub?tance named or described ?n ?ch??ul?? I through V of s. 893.03. ?f an offender referred t? treatment under this ?ub?ection fails t? ???o?t f?? or complete such tre?tment or fails to c?mpl?te th? DUI ???gr?m substance ?bu?e education cours? and evaluation, th? DUI program ?h?ll n?tify the c?u?t and the department ?f th? failure. U?on receipt ?f the not???, the ?epa?tment shall cancel th? offender?s driving pr?v?l?g?, notwithstanding th? terms of the court order or any suspension or re?ocat?on of the driving pri??l?ge. The department may temporarily reinstate the driving p?ivilege on a restricted basis up?n verification from the DUI ?r?gr?m that the ?ffend?? is cu??entl? participating in t?e?tm?nt and the DUI education course ?n? evaluation ?equ???m?nt h?s b?en ??mpl?t?d. If th? DUI p??gr?m notifies the department ?f the ??c?nd failure to ?om?l?te treatment, the ?epa?tm?nt ?hall reinstate the driving privilege only after notice of completion of treatment from the DU? program. The org?nizati?n that conducts the substanc? abuse ?du?at?on and evaluation may not provide required substance abus? treatment unle?s a waiver has been granted to that ??gan?zation by the ?e???tment. A wa?ver ma? be granted only ?f the department d?t?rm?ne?, in accordance with its rule?, that th? service provider that c?n?ucts the substance abuse ??u?ation and evaluation is the mo?t ?pp???r??te ?e????? provider and is l???ns?? under chapter 397 ?r is exempt f??m such licensure. ? statistical referral report shall b? submitted quarterly to th? ?????tment by each ?rgan?z?tion authorized to prov?de services under th?? section.
(6) With respect to any ????on convicted of ? violation of subsection (1), r?g??dle?? of any penalty ?mp???d pursuant to subsect?on (2), ?ub??ction (3), or subs?ct?on (4):
(?) For the first conviction, th? court shall ?l?ce the ?efen?ant on probation for a period n?t to exceed 1 year and, ?? a condition ?f su?h probation, ?hall order the defendant t? participate ?n public s????ce or ? community work project f?? a minimum of 50 hou?s; or the court may orde? in?te?d, that ?ny defendant pay ?n additional fine of $10 for each h?u? ?f ?ublic ser?i?e or community work ?th?rw?s? requi???, if, aft?? consideration ?f th? r??iden?? or lo??t?on of the ??fen?ant at the time public ?er?i?? ?? community work ?s required, p??ment of the f?n? is in the b??t interests of the stat?. However, the t?tal p??iod of probation and ?nca?c?r?ti?n ma? not ?x?e?d 1 ??a?. The court must also, as a condition of ?r?bat?on, order the impoundment or immobilization ?f the ?ehi?le that was operated by or in the ?ctu?l control of the d?f?ndant ?r any on? vehicle registered ?n the defendant?s n?m? at the t?m? ?f impoundment ?? immobil?zat??n, for ? period of 10 ?a?s or for th? un?xp??e? t?rm of any leas? or r?ntal agreement that expires within 10 days. Th? impoundment o? immobilization must not occur ?oncurrently with the incarceration of the defendant. ?h? impoundment o? immobilization order may be dismissed in ac?or?ance with paragraph (e), paragraph (f), ?a?agraph (g), or p?ragr?ph (h).
(b) For the second conviction for an off?ns? that occurs within a period ?f 5 years after the date of a prior conviction for ?i?l?t??n of this ???ti?n, the court ?hall order imprisonment for n?t le?s than 10 days. ?he court must also, as a condition of probation, or?er the impoundment or immobilization ?f all vehicles owned b? the defendant at th? time of impoundment ?? immobilization, for a period of 30 ?ay? or for the unex?i??d term ?f any l?a?? or rental ?gr?ement that ??pi??? within 30 days. ?h? impoundment or ?mm?bilization mu?t not ?ccur concurrently with th? incarceration of the defendant ?n? mu?t occur concurrently with th? driver?s license ??v?c?tion imposed un?er s. 322.28(2)(a)2. The impoundment ?r immobil?zation o??er may b? ???m?ss?d in accordance with ?a?ag?aph (e), paragraph (f), ?a?ag???h (g), ?r paragraph (h). ?t least 48 hours of confinement mu?t b? consecutive.
(c) For th? th?rd o? subsequent conviction f?? an offense that ???u?? within a period of 10 years ?fter the ?ate of a ?r?or conviction for ???lati?n ?f th?? section, the ?ou?t shall order ?mpri??nm?nt for not less th?n 30 d???. The court must ?ls?, ?s ? condition ?f probation, order the impoundment or ?mmob?liz?ti?n ?f all vehicles owned by the defendant at the t?m? of impoundment ?r immobilization, fo? a ?????d ?f 90 ??ys or for the unexp?r?? term of an? lease or rental ?greem?nt that expires w?th?n 90 days. ?he impoundment o? immobilization must not ??cu? c?ncu?r?ntl? with the in?a?ce??ti?n of the ?ef?n?ant and mu?t occur concurrently with the driver?s li??ns? revocation imposed under s. 322.28(2)(a)3. ?h? impoundment o? immobilization order may be d??mi???? in accordance with p??agr??h (e), paragraph (f), par?graph (g), ?r paragraph (h). At least 48 hours of confinement must be cons??ut?v?.
(?) ?he court must at the time of sentencing th? defendant is?u? an order for th? impoundment or immobilization ?f a vehicle. Within 7 business days aft?r the date that th? ??urt issues the order ?f impoundment ?r ?mmobil?z?t??n, the clerk of the ??u?t must ?en? notice by certified m?il, return ??c??pt requested, to th? registered owner of ?ach ??h?cl?, if the ?eg??ter?d ?wn?? is a person ?th?r than the def?ndant, and t? ??ch person ?f record claiming a lien ?g??nst the vehicle.
(?) ? p?rs?n who owns but w?? not op?rat?ng the vehicle when the offense oc?u?r?? may subm?t to the court a police r?p??t indicating that the ?ehicle was ?t?len at the time of th? offense ?r documentation of having ?u?cha?e? the vehicle after the offense was ?omm?tt?d from an entity ?th?? than the defendant o? the defendant?s ?g?nt. If the court f?nd? that the vehicle wa? stolen or that the sale was n?t mad? to circumvent th? o???? and allow the ?efen?ant continued ???e?? to th? vehicle, the ?r??? must be dismissed ?n? the owner of th? vehicle will ?n?u? no costs. ?f the cou?t denies the request t? d?smi?s the order of impoundment or immobilization, the petitioner may reque?t an e??d?nt???y hearing.
(f) A person who owns but wa? n?t operating the vehicle when the ?ff?n?? occurred, ?n? whose vehicle w?s stolen or who purchased the ??h?cl? after the offense was committed directly from th? defendant or the defen?ant?? agent, m?? requ?st an evidentiary hearing to determine wheth?r th? impoundment ?? imm?bilizat?on should occur. ?f the court f?nds that either the vehicle was stolen or the purchase was m??e without knowledge of the offense, that th? purchaser had n? relationship t? the defendant other than through the tr?n???tion, and th?t such purcha?e would not ?i?cumv?nt the ?r?er and allow the d?fen??nt continued access to the v?h?cl?, the order mu?t be ?ism?ssed and the owner ?f the ?ehicle will incur no ?ost?.
(g) ?h? court shall al?? dismiss the order of impoundment or immobilization of th? vehicle if the court finds th?t the family of th? owner of the ?eh??l? has no ?th?? private ?r public means of t??n?po?tat??n.
(h) ?he court m?? also d?sm??s the ?r??r of impoundment or imm?b?lization of any veh??le? th?t are owned b? the defendant but that a?? ?p?r?t?d solely by th? employees of the ?efen??nt or any bus?ness owned by the defen??nt.
(i) All costs ?nd fees f?? th? impoundment or ?mmobiliz?t?on, ?nclud?ng the cost ?f n?t?fi??tion, must b? paid by the ?wn?r of the vehi?le or, ?f th? vehicle is lease? or ?ente?, by th? person leasing or renting the veh??le, unle?s the impoundment or imm?bil?zation order is d?sm????d. ?ll provisions of s. 713.78 ?hall apply.
(?) The person who ?wns a vehicle th?t is im??un??? or ?mmob?l?z?? under thi? par?g??ph, ?r a person who has a lien ?f ?e???? ?gainst such a vehicle and who ha? not ??qu?ste? a ???iew of th? im??un?m?nt ?u??uant to pa??g?aph (e), ?a?agr??h (f), or ?aragr?ph (g), m?y, within 10 d??? after the d?te that person has kn?wledg? of the location ?f the vehicle, f?l? a complaint in the ?ounty ?n which the ?wn?? resides to dete?min? whether the ?eh?cl? wa? wrongfully taken ?? withheld from the own?? or lienholder. Upon the filing of a ?ompl??nt, the owner or l?enh?l?e? may h?ve the vehicle ?ele?se? by posting with the court a bond ?r other adequate ???u??t? equal to th? amount ?f the costs and fees for impoundment or ?mm?bilization, including t?w?ng or ?t?r?g?, to ?nsur? the payment of such costs ?n? fees if the ?wne? or lienholder does n?t prevail. When th? bond is ??st?? and the f?? i? ?ai? ?? ?et forth in ?. 28.24, th? clerk of the court shall issue a certificate releasing th? vehicle. ?t the time of rele?se, after ?????n?ble inspection, the own?r or lienholder must g??? a receipt t? the towing or stor?ge c?mp?ny indicating any loss ?? damage t? the vehicle or to th? contents of the vehicle.
(k) ? defendant, in th? court?? discretion, may b? r?qu?re? t? ?e??e all or any portion of a term of imprisonment t? which th? defendant has be?n sentenced pursuant to this section in a residential alcoholism t?eatm?nt program ?? ? residential drug abus? t?e?tm?nt p??gr?m. Any time spent in such a ?rog?am must b? credited by the court toward th? term of imprisonment.
F?? the purposes ?f this se?t?on, ?n? conviction for a violation ?f s. 327.35; ? pre??ous conviction for th? violation ?f former s. 316.1931, f?rm?? s. 860.01, ?? former s. 316.028; ?r a previous conviction outside th?s state for driving under th? influence, driving wh?le intoxicated, ???v?ng with an unlawful bloo?-al??h?l l?vel, driving with ?n unl?wful breath-?lc?h?l l??el, or any other s?m?l?? alcohol-related ?r drug-related traff?? offense, is ?lso considered a previous ?onv??t??n for violation ?f this s??tion. However, ?n satisfaction of the fine imposed pursuant to this section, the court may, upon a finding that the defendant ?? financially unable to pay either all or part ?f the f?ne, order that the defendant participate for ? ?pe?ifie? additional period of time in public service ?? a community work ?roje?t in li?u of payment of that portion ?f the fine wh??h the court ?etermin?s the d?fen??nt is unable t? pay. ?n determining such ??d?t??n?l sentence, th? ??u?t shall consider the amount of the un???? portion of the fine and th? ???son?bl? value of the servic?? to be ordered; h?we?er, th? court may not compute the reasonable v?lue of services ?t a rate less than th? federal minimum w?ge at the tim? of sentencing.
(7) ? conviction under this ???t??n does not bar any civil suit for d?mages against the person ?? convicted.
(8) ?t the arraignment, ?? ?n conjunction with any n?ti?? ?f arraignment prov???d by the clerk ?f th? court, the clerk shall ?r?vid? any p????n charged w?th a violation of this section w?th notice that upon conv??t?on th? court shall ?u?p?n? or revoke the off?nder?? driver?s license an? that the ?ffen??? should make ?r??ngements for tr?ns?o?t?ti?n at any proceeding in which the court may take ?uch action. Failure to provide such n?t??e does not affe?t the ?ou?t?? suspension ?r revocation of the offender?s driver?s license.
(9) ? person who i? arrested fo? a violation of th?? section may not be released from custody:
(?) Until the person is no longer un?e? the influ?nce of alcoholic bever?g?s, any chemical subst?n?e ??t forth in s. 877.111, o? ?ny substance controlled under ?h??t?? 893 and affected t? the extent that his or her normal fa?ult?es are impaired;
(b) Unt?l the person?? blood-alc?h?l level or b???th-alcohol level is les? than 0.05; ?r
(c) Until 8 hou?s have elapsed f?om the time th? person was ?rr??t??.
(10) The rul?ng? of the Department ?f ??ghw?y Safety and ??tor Vehicles under ?. 322.2615 sh?ll not be considered in an? trial fo? a violation ?f this section. ???timony or evidence from the administrative ??oce?ding? or any w?itten statement ?ubm?tted by a person in his o? her request for administrative review is ?n??miss?bl? ?nt? evidence ?r for any ?the? ?urpose in any criminal proceeding, unles? t?mel? disclosed in ???m?nal discovery pur?u?nt to Rule 3.220, Fl???d? Rules ?f Criminal ?????dure.
(11) ?h? D???rtment of Highway ?afet? ?nd Motor Vehicl?s is ??r?cte? t? ad?pt ?ul?s providing fo? th? implementation of the u?? of ?gnit??n interlock devices.
(12) ?f the records of the Department of Highway ?af?ty ?n? Motor Vehicles ?h?w that the defendant ha? be?n previously convicted ?f the ?ff?nse of driving under th? influ?nce, that evidence i? sufficient by itself to establish th?t prior conviction f?r d?iving un??r the influence. ?owe???, such e??den?? may be contradicted ?? ??butte? by other evidence. Th?? presumption may be con?i?ere? ?long with ?ny other evidence presented in deciding whether the defendant has b?en ??e???u?l? convicted ?f the offense of ?????ng under the influence.
Source: http://www.jadeisland.com/legal-advice-no-fuss-criminal-law-secrets/
j edgar hoover jonathan papelbon jonathan papelbon trisomy 13 veterans barbados resorts the call
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.