Florida DUI Test Refusal

Like every other state in the country, Florida law states that drivers give their implied consent to chemical testing when they are suspected of driving under the influence (DUI). Florida Statute § 316.1932(1)(a)1.a reads:

Any person who accepts the privilege extended by the laws of this state of operating a motor vehicle within this state is, by so operating such vehicle, deemed to have given his or her consent to submit to an approved chemical test or physical test including, but not limited to, an infrared light test of his or her breath for the purpose of determining the alcoholic content of his or her blood or breath if the person is lawfully arrested for any offense allegedly committed while the person was driving or was in actual physical control of a motor vehicle while under the influence of alcoholic beverages.

This means that if a driver is stopped for suspected drunk driving, a police officer is required to tell the alleged offender, “I am now requesting that you submit to” a test of either “your breath for the purpose of determining the alcoholic content of your breath,” “your urine for the purpose of determining the presence of any chemical or controlled substance,” or “your blood for the purpose of determining its alcoholic content and/or the presence of any chemical or controlled substance.” After reading that one sentence, the officer then simply asks, “Will you take the test?”

If a person refuses, the officer is further required to say the following:

If you fail to submit to the test I have requested of you, your privilege to operate a motor vehicle will be suspended for a period of one year for a first refusal, or 18 months if your privilege has been previously suspended as a result of a refusal to submit to a lawful test of your breath, urine or blood. Additionally, if you refuse to submit to the test I have requested of you and if your driving privilege has been previously suspended for a prior refusal to submit to a lawful test of your breath, urine or blood, you will be committing a misdemeanor. Refusal to submit to the test I have requested of you is admissible into evidence in any criminal proceeding.

The officer will then ask a person if he or she still refuses knowing that his or her driving privilege will be suspended for a period of at least one year and that he or she will be criminally charged for the refusal. As the language in that warning indicates, a driver can have his or her license suspended for one year for first refusal or 18 months for a second or subsequent refusal. Additionally, a person who refuses for the second time can also be sentenced to a minimum of 10 days in jail or a minimum of 30 days in jail for third or subsequent refusals.

A driver has only a mere 10 days to request a Formal Review Hearing to challenge any suspension. It may be possible to raise any number of potential defenses as to why a person refused to testing. These may include, but are not limited to the police officer having no probable cause to suspect the person of DUI, the alleged offender being physically unable to provide a sample, or confusion about having the right to an attorney.

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How To Find An Experienced Marijuana Lawyer?

If you have been charged with the malicious acts of cultivating and selling weed, then it is a very serious crime. All state governments have made laws to curb the cultivation and selling of Marijuana and you will find many government agents that are very keen to handle these types of crimes and work really hard to catch drug lords that try to sell drugs in the neighborhood. People who are caught selling the drugs face severe consequences, as the law is very strict in the US. They may have to spend a decade or more in the jails as the punishment. If you have been caught selling marijuana, then it won’t be easy for you to sneak out of it easily, but if you have a good marijuana lawyer standing in your defense, then you can significantly decrease the severe punishment and jail time.

Marijuana attorneys have a special ability to prevent the possible hampering of the constitutional Law that compels tough punishment for the drug peddlers and all those who involve in drug activities. This is where an experienced lawyer comes into the picture. He/she will try to find the loopholes in the law and focus on those points in order to lower down the punishment. He/she will go through the case and try to find out the exact things that happened along with a full investigation.

It is your fundamental right to get protection against any unreasonable searches and seizures is a. If the officer on duty has made a move during the arrest that was not conforming to the proper procedures, then it will help you to get discharged from the jail easily. If there is any doubt regarding the validity of the arrest, then you can be pardoned easily from the possession of marijuana charges with the help of your lawyer. There are many ways by which you can decrease the level of your punishment. It is important for you to find such a lawyer who knows about all these measures.

A drug defender can find a number of ways to save yourself from the penal burden. The lawyer can support you by proving to the court that you were just taking the drug as the doctor prescribed it to you. To back this claim, he/she can plant some documentary proof from the doctors as well. If your lawyer has been able to prove that you were taking the drug as a self-medication and not for personal use, then your punishment could be reduced up to a huge extent. If you really have a medical problem for which you need to consume a drug, then the work can be done in a lot easier way. There are several consequences if the charges upon you have been proved.

1. You will have to deal with people calling you criminal all the time.
2. You won’t be able to get good jobs, the ones you will get will be of the less wage.
3. Your family will suffer along with you.
4. In case, you are arrested again, then the police will consider you as a serial offender and increase the penalties.
5. This will change your life and make it worse.

There are many people who commit different crimes, so the governments have to be strict and agile in order to maintain the law and order. If you have made the mistake and pledge not to do it again, then you should take the help of a marijuana attorney and defend your case in the court. Though you will get some punishment, but at least you’ll be saved from getting the severe punishment that the offenders get.

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Relevance of DUI Attorneys in the Criminal Justice System

Driving under the influence is a dangerous choice both, for the driver and innocent bystanders. It is important to follow proper guidance and regulations with respect to the driving regulations for the personal safeguard and societal wellbeing.

A DUI brings additional consequences that may include injuries, property loss and even death. Moreover, it affects one’s education, career licensing, and social stigmas. The cost of a DUI is generally overwhelming. These costs include attorney’s fees, license reinstatement fees, higher insurance costs attorney fees and fines.

Significance of DUI Attorneys

Driving under the influence (DUI) cases are generally complex depending on whether it is 1st DUI, 2nd, 3rd, 4th, or DUI with injuries. In some situations, the consequences are severe including jail and prison time. An experienced lawyer with relevant expertise in dealing with specific details of the law will thoroughly investigate every aspect of the DUI arrest:

  • Field Sobriety procedures
  • Maintenance records of Breathalyzer used during the arrest
  • Re-analyze the blood samples for potential errors
  • Challenging the evidence
  • Review the evidence for any potential flaws
  • Challenge the license suspension
  • Address issues of reduced sentencing and penalties

Penalties for a DUI Depend on Other Relevant Factors

  • Prior DUI convictions
  • Presence of any kind of noted drug in one’s body at the time of the accident
  • Driving with a suspended license
  • Causing injury to a third party’s injury

General DUI Consequences:

  • Probation
  • Fines and penalties
  • Completion of a DUI classes
  • AA Meetings
  • Driver’s license suspension
  • Jail sentence & prison

It is Highly Recommended to Hire a Competent DUI Lawyer

Before hiring a lawyer one should consider the knowledge and expertise of the attorney. Some of the relevant factors related to the attorney, include:

  • Number of years practicing DUI Law
  • History of successful results
  • Knowledge of local courts, judges, district attorneys and probation officers
  • Is the attorney guaranteeing results? If this is the case ask for the guarantee in writing
  • A good attorney will evaluate your specific legal issue to determine what defenses and legal approaches are best suited to resolve your case. Always ask your attorney for possible options.

Some individuals choose to represent themselves in Court. This is often to their disadvantage because individuals representing themselves would find almost impossible to know the very specifics of the law. Many criminal law rules are hidden away in court interpretations of federal and state constitutions. Choosing to represent yourself can result in receiving higher sentencing and higher consequences. Hiring a DUI lawyer is essential, as they are experts in these legal proceedings.

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Homicide Vs Murder

Between the social media and the television, many individuals do not know the difference between a murder and a homicide because they are constantly being used interchangeably. Even though others may use them interchangeably does not mean they have the same meaning. When discussing a murder this means that the death of an individual consists of malignant intent and had prior thought about this. When an individual dies at the hands of another, this is when a crime emerges.

When discussing a homicide, it is known as the act of killing an individual regardless if it was done unintentionally or deliberately. Homicide is categorized into different degrees and types when regarding the crime.

Some of these include:

  • Justifiable homicide
  • Homicide in self defense
  • Vehicular homicide
  • Criminally negligent homicide

In the court of law, every one of these types of homicides is weighed differently.

Other types of homicide consist of:

  • Manslaughter – The unlawful killing of an individual without premeditation or malice either expressed or implied.

The difference between expressed and implied malice:

  • Implied malice is if at the time of a crime an individual injured or kills another.
  • Expressed malice is in a circumstance where the individual states that they have the intention to commit the crime against another.

Malice generally consists of deliberately harming an individual physically, financially, or psychologically.

Unlike manslaughter, murder requires malice, regardless if it is implied or expressed. There are various amount of legal definitions on murder, however they all consider malice to be the basis of the crime. When an individual’s life is taken through cognizant and deliberate actions, is when the murder is emerged.

Regardless if the individual who committed murder only thought about it for a second, it is still considered to be thought as murder. This is what creates malicious intent.

Intent is generally classified by the actions of the individual.

Another way that is similar for both homicide and murder is they that are both classified by degrees. Due to the fact that it is measured in degrees, this reflects the predetermination and cruelty with afterthought. Some of these classifications include:

  • First degree murders
  • Second degree murders
  • Third degree murders

Not every jurisdiction uses the three classifications, with the third degree being used the least.

First degree consist both premeditation and cruelty with afterthought. Many states consider first degree murder to consist of:

  • Rape
  • Arson
  • Robbery

Second degree murder is comparable to first degree murder, but without premeditation. Homicide and premeditated murder have the possibility of acquiring the maximum allowable sentence after a conviction.

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