Tuesday, November 11, 2014

DUI / Driving Under the Influence / Accident / Hospital / Blood Draw / Medical Blood / Speedy Trial / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     If I am going to serve 5 days in Jail for my DUI soon will I have to serve probation too?  Got in a car accident 5 months ago where I woke up in the hospital. No dui was mentioned just received a ticket for careless driving. It was only my car involved in accident, no one else involved. Blood drawn was obviously done and a month ago I received post card in the mail that stated a warrant was out for my arrest. I turned myself in and had my first hearing today where it was mentioned I was getting 5 days of Jail and an enhanced fine for a high blow and car accident. (I did not do a breathalyzer so not sure why she said blow).

Michael Adam Haber


Contributor Level 20


Lawyers agree


Answered If you are convicted of DUI then probation is mandatory and jail would be in addition to probation (which will start once you get released from custody).

That said, before you dig the hole and begin to nail down your coffin consider that you might not enjoy viable defense(s) to your charge, affirmative or otherwise, or that there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges in your unique case. DUI cases, especially blood draw cases, are extremely complex and have many potential pitfalls for the prosecution. There are extremely technical issues in regard to the blood draw in your case, from the manner in which it was collected to the manner in which it was acquired to the manner in which it was tested to its admissibility into evidence against you; and blood is but 1 issue in your DUI case.  DUI cases are complex, and if you are thinking of throwing in the towel or if you have a loser on your hands then, in addition, there are a variety of aggravators or mitigators which can effect an adverse sentence. There are just too many factors to consider to venture an educated guess on line.

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 Bradenton area criminal defense lawyer WHO'S PRACTICE CENTERS AROUND DUI DEFENSE (caps intentional), 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, effective and zealous 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.

"Like" Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com

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