Monday, October 20, 2014

DUI / Driving Under the Influence / Defenses / Appeals / Time Limits / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:    I got pulled over for following to closely. I was arrested because I failed the field sobriety test because of having Multiple sclerosis. I just had a pipe in my car. I had a public defender that helped me as much as a goat could. The judge suspended my license for a year along with $1560 in fines. Can I hire a lawyer to help me with this?

Michael Adam Haber


Contributor Level 20
Answered Help you with what?

It appears that the "guilt" phase of your case is closed.

You either pled (admitted the violation) or were found guilty, so all that's left is a possible, appeal, but, in order to successfully appeal you must have a legal or procedural basis for doing so.

I am not an OH lawyer (and therefore cannot comment on matters of OH law or procedure), but had you asked this question in FL (where I have been a practicing criminal defense lawyer for 23+ years) then I would say that, apart from the requisite legal / procedural basis there are strict time limits associated with appeals.

in FL, if there is legal cause to do so then you can file a motion to withdraw your plea under Rule 3.170. This motion must be filed within 30 days of your sentence. However, if you are beyond that 30 day time frame for filing under Rule 3.170, and, again, if there is legal cause to do so, then you can file a motion to vacate the judgment and sentence under Rule 3.850. In this case you have 2 years from the day that the sentence became "final" in which to file.

Florida Rule of Criminal Procedure 3.800 allows a defendant to file a motion to reduce or modify their sentence, but this motion has to be filed within 60 days from the date of sentencing. If a judge denies the motion you typically cannot appeal the decision.

That said, again I am not an OH lawyer and you are best advised to find a Van Wert, OH area criminal defense lawyer, engage in a meaningful consultation and get yourself some advise which is legally sound and has been custom tailored to meet your needs in your case.

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)

When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  "Don't do it!  Get a DD (Designated Driver), not a DUI".

Be smart: Don't drink and drive, but, if you do, just say "NO{thing}", don't blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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