Stuart Florida DUI
In the world of criminal law, any good news for an accused is always welcome. So knowing that following the rules of probation may give you good cause to seek a shortened probationary term is important to know. It is also important to know not every request may be honored. There are many pitfalls on the probation road, and protecting your rights by using a competent attorney is essential to avoiding a stumble. The attorneys at Ferraro Law Group are accomplished in criminal law matters and have experience in probation issues.
A probation case in the spotlight, nationally and locally is that of Debra LaFave. In that case, the teacher accused of an inappropriate relationship with an underage student:
● Successfully argued for a shortened probationary term, and enjoyed a short period of time of freedom
● The Court later reversed that decision, deciding that Debra LaFave must complete the term of probation as originally ordered
The case is currently on appeal, and the result of the Florida State Supreme Court is likely to have far reaching effects on probation cases statewide. The law is fluid and ever changing and it is critical to assemble a legal team that is up to date and knowledgeable about changes in the law. The legal professionals at Ferraro Law Group make it a part of their daily tasks to keep on top of new rules and Court rulings that affect you. We analyze the rationale used by Courts when making their decisions, so we can apply them to the facts of your case accurately.
If you have questions about the terms of your probation, call our office to schedule a free initial consultation. Make an appointment with a skilled criminal defense attorney in Stuart and the Treasure Coast to make sure your case is handled properly.
The percentage of alcohol in your blood is referred to as the BAC (blood alcohol content). DUI charges rely on the BAC at time of arrest, which is measured by the arresting officer by methods such as a breath test. When you blow a BAC above the legal limit, the officer is required to make an arrest for DUI. Refusing to submit to the breath test can have serious consequences, such as loss of driving privileges for one year. If you are charged with DUI, you must act quickly to protect your rights and driving privileges. The attorneys at Ferraro Law Group are skilled in dissecting the arrest and the field sobriety test results. Successful attacks on these procedures can lead to reduced charges or dismissal.
In Florida, the legal limit for blood alcohol content is 0.08 for drivers over 21 and 0.02 for drivers under 21. These results can be attacked, and it is possible to fight DUI charges. This fight is one you should undertake, to protect your driving record and keep insurance rates low. There are a number of scenarios available to you when it comes to attacking the BAC result. Among the common methods of fighting a DUI are:
● Equipment malfunction: when the mechanism used to measure your BAC is not working properly, it is possible the test result is inaccurate
● Test administration: when the officer does not follow the proper procedure to administer the field sobriety test, results can be attacked as inaccurate and may lead to reduced charges and in some cases dismissal
● Lack of probable cause: the initial traffic stop that resulted in a BAC test should be examined to see if the officer had reason to make the traffic stop, and when probable cause does not exist to make the stop the resulting field sobriety test may be in appropriate evidence to present the Court
One or more of these circumstances may apply to your case. Each case is different, and it is these differences that make it critical to use a defense attorney that has experience in defending DUI charges. Our competent DUI defense attorneys carefully analyze the circumstances of your traffic stop, breath test and arrest. We attack your case at every possible step so the facts of your case are favorable to you. A successful defense of DUI charges can help keep your insurance premiums low and maintain your good driving record.
Ferraro Law Group provides defense in Stuart for DUI cases. Call us today to make an appointment with a skilled DUI defense attorney; the first visit is a free consultation. Minimize the damage done to your driving record and insurance rates and fight for your right to drive.
How will a Stuart Florida DUI Affect Me?
A DUI in Stuart Florida can have lasting impacts on your criminal record and your life. A DUI in Stuart Florida will result in the suspension of your driver’s license, which can make it very difficult to find and maintain employment. In Stuart, there is really very little in the way of public transit. The financial consequences of a DUI in Stuart Florida can be long lasting.
How will a Stuart Florida DUI Affect my License?
A conviction for a first DUI in Stuart Florida will include a driver’s license suspension for 6 months. If you blew into the breathalyzer, you can get a hardhsip license after 30 days without a license. If you refused to blow in the machine, you will have to wait 90 days for a hardship license. If you get a Stuart Florida DUI, you can only use a hardship license for work or necessities of life. A Stuart Florida DUI should be taken very seriously. No license for 30 to 90 days can often mean no work, no paycheck and no way to pay the rent.
A conviction for a second Stuart Florida DUI within 5 years of the last one will normally exclude you from obtaining any kind of hardship license for at least one year.
The Ferraro Law Group has Stuart Florida DUI Attorneys that are experienced in handling Stuart Florida DUI cases. We are not afraid to fight Stuart Florida DUI cases aggressively for you. Call us today to represent you in your Stuart Florida DUI.
A Stuart Florida DUI is no different than a DUI anywhere else in the State of Florida. Whether the State can prove the elements of a Stuart Florida DUI is up to the jury that is deciding the case. That is why it is important to hire a Stuart Florida DUI lawyer that is experienced in handling DUI Trials. A Stuart Florida DUI must be proven by the State Attorney beyond and to the exclusion of all reasonable doubt. A Stuart Florida DUI can be proven in either or both of 2 ways:
Stuart Florida DUI Normal Faculties
First, you can be convicted of a DUI if you are intoxicated to the extent that your normal faculties are impaired. Normal Faculties that are considered in a DUI case would include but are not limited to a person’s ability to walk, talk, follow directions, physical appearance and ability to operate a motor vehicle. Every Stuart Florida DUI Case is different and some normal faculties may appear more impaired than others in each Stuart Florida DUI. Usually there is a video tape in a Stuart Florida DUI case of at least the roadside tests and often of the driving pattern as well. The Stuart Florida DUI Video is often the best or worst evidence in a DUI case. Most people have seen an impaired person and most will be able to look at a Stuart Florida DUI video and form an opinion on whether or not the driver is DUI.
Stuart Florida DUI, Breath or Blood Alcohol Level
Another way that a Stuart Florida DUI can be proven is by establishing that a driver has a blood or breath alcohol level of a .08 at the time that they are driving. This .08 is the same calculation that is used whether it is breath or blood being tested. The means of testing is very different. In a Stuart Florida DUI case, Blood can be drawn by consent, by warrant or even without a warrant in certain circumstances. But most commonly, a breathtesting instrument is used to determine the breath alcohol content. If you have been arrested for a Stuart Florida DUI, contact the Ferraro Law Group and let us put our experience to work for you.
In Stuart Florida DUI is across the board one of the most heavily enforced and prosecuted laws. A Stuart Florida DUI is Driving Under the Influence of Drugs or Alcohol. You can get a Stuart Florida DUI, even if you are not driving, as long as you are in actual physical control of a motor vehicle. Actual Physical Control could even include sleeping in a vehicle with the engine on or the keys in the ignition. The State Attorney’s Office and the local Martin County judges take Stuart Florida DUI very seriously.
Get an Experienced Stuart Florida DUI Lawyer
It is important to hire a competent and experienced trial lawyer if you feel that you are Not Guilty of a Stuart Florida DUI, because it is very rare that a Stuart Florida DUI case gets dropped or dismissed completely. Sometimes the State will agree to reduce the charge to a reckless drving charge or a wet reckless. Speak with your lawyer with regard to the consequences for a reckless driving as they are often not much different that the mandatory minimum sentence for a Stuart FLorida DUI.
Penalties for a Stuart Florida DUI
A first Stuart Florida DUI requires a mandatory sentence that includes probation, DUI School, the Victim Impact Panel, 5o hours of community service, a 10 day vehicle impound and a 6 month driver’s license suspension. A second Stuart Florida DUI requires most of the same penalties, however if that second Stuart Florida DUI is within 5 years of the first, 10 days in jail is required. Here in Stuart, Martin County, St. Lucie County and Okechobbee County, the judges usually require even more than 10 days in jail for a second DUI within 5 years. The penalties are even higher if the DUI is accompanied by a charge of driving with a suspended license. A 3rd DUI within 10 years of the last DUI can be charged as a felony with a maximum sentence of 5 years. A 3rd DUI within 10 years also includes a 10 year drivers license suspension. A Fourth DUI requires a lifetime revocation of your driver’s license. Besides the DUI Criminal Case, the DUI arrest also spurs an Administrative case with the DMV. If you have been arrested for a DUI, get a lawyer. If you have been arrested for a DUI in St. Lucie County or Martin County or Indian River County or Palm Beach County, contact the Ferraro Law Group. We have tried many DUI cases and we are prepared to let our experience work for you.