Tuesday, October 14, 2014

DWLS / Driving With Suspended License / DUI / Driving Under the Influence / Driver License / Suspension / Penalties / Sentencing / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:   What if I didn't realize my drivers license was suspended for failure to pay traffic ticket a year ago?  And now I was just arrested for DUI in FL - how much more does the DWLR make my case (Florida).


Michael Adam Haber


Contributor Level 20


Lawyers agree
Answered There is no virtually no defense to DWLS. You were either driving or you weren't and you DL was either suspended or it wasn't. FL law contemplates a difference between DWLS-knowingly (a crime) and DWLS-without knowledge (an infraction).

Either way, rack up 3, in any combination, and you become a habitual traffic offender (HTO) and then your 4th is a felony (prison time - 5 years - becomes a real possibility).

That said, if you get into the PBCty DUI Diversion program then they may well dismiss the DWLS upon your successful completion.

Similarly, if you plea out your DUI case then your DWLS will probably be dismissed.

If you try your DUI and lose then you will be sentenced for both. 

In addition, you do not have the right to have a permit to drive for the initial 10 days after your arrest nor can you get an extension while requesting a hearing.

You must immediately get a DUI lawyer within 10 days of your arrest to file a petition for a formal review of your license suspension to attempt to get that invalidated. otherwise, you are facing a hard license suspension plus the rest of your license suspension for the administrative portion.

On top of that you are facing criminal sanctions and an additional one year revocation for DUI, if convicted. This means up to six months in jail for a simple first offense. 

That said, 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.

Florida has 20 different Judicial Circuits, each of which deals with cases in its own manner. Moreover, each of those Judicial Circuits has a given number of criminal court Judges (each of whom is unique), as well as its own State Attorney's Office (each of which has its own policies and procedures), and a bunch of Assistant State Attorneys (who, although they operate on guidelines as established by their office, are each sentient and independent persons), and each case has its own set of variables ("free radicals" if you will) all of which combine to make it impossible to predict what will happen in a given case.

You may or may not enjoy viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case, I do not know and the forum to find out is NOT on line; rather it is in the sanctity of attorney's offices, where your statements are privileged and cannot be used against you.

The best way for you to get competent advise is going to be to consult with an experienced and local criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and whatever evidence that you may provide and then offer an informed opinion.

My advise: Locate an experienced 516 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.

Follow Michael A. Haber, P.A. on Facebook by going to the following link and clicking the "Like" button:  www.facebook.com/haberpa 

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