Friday, October 24, 2014

DUI / Driving Under the Influence / Penalties / Punishment / Time Frame / How Long Does the Case Take / Driver License Suspension / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     How long from the date you get pulled over for a dui until the ramifications start affecting you?  Recently got a dui. First court date is middle of November. Spoke to an attorney and he said most likely have to go to trial to get it reduced to a dwai. It's my first time arrested for anything in my life. Wondering how long it will take to actually affect my life. I have a family, annual, trip to vegas the second week of December and very curious how it affects that trip and how long things like driving privileges and foreign travel will be affected. Will I be put on probation right away after my first appearance and not be allowed in a casino? I wouldn't even ask this question if I wasn't already committed to the trip and people dependent on me taking them. 

Michael Adam Haber


Contributor Level 20
Answered I am not a NY lawyer so I cannot comment on matters of NY law or procedure. However, had you asked this question in Florida, where I have been a practicing criminal defense attorney for 23 years, then I would say that "the ramifications" of a DUI start effecting you immediately.

First, in Florida, upon a DUI arrest, although you get a 10 day "grace period", you suffer a mandatory driver license suspension, and there are acts that need to be taken immediately if you are planning on either challenging the suspension or admitting so as to get a work-permit.

Second, your arrest is a matter of public record and your mugshot, your arrest report and the fact of your DUI arrest is immediately available to the public. Some, not all, jurisdictions even go further and actively publish such information or contact employers or other concerned folk, but either way the fact of your arrest is immediately disseminated and therefore effects you.

Finally, you must seek counsel to discuss your rights, to settle upon a reasonable litigation objective and to get those mechanics working on your behalf. This will effect your wallet, mind and, unless you are unemployed, not in school, have no children or other responsibilities, then nthis will also effect you.

As for how long does a case take to resolve? That depends upon the case and the court. Again, I am not a NY lawyer (and even if I were I would have to first know as much as possible about the facts and circumstances of your case and yourself before I offered an informed and responsible opinion) but in Miami, where I have been defending DUI cases for 23+ years, I can say that there is no "absolute" time frame: some DUI cases are resolved in 3 months and others take 3 years.

While Avvo (and similar sites) are wonderful sources of generic information it is critical to bear in mind that each case, and each Defendant, is /are different, and as every case is also a fluid experience, there is only so much that any lawyer can tell you about your case on-line; in short there is no substitute for an in person face-to-face consultation.

My advise: Don;t ask questions like this online. Instead, locate an experienced Rochester, NY area criminal defense lawyer, make an appointment, show up on time, bring whatever evidence, documents or witnesses that you may have, engage in a meaningful face-to-face consultation and get yourself some advise which is legally sound and has been custom tailored as possible to meet your specific reasonable needs in your unique 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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