DUI/DWI - Pinellas County, FL
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DUI/DWI - Pinellas CountyWhy was I charged with three violations for one DWI?Over the years drunk driving statutes have evolved not only to increase penalties for repeat offenders but to add additional charges. These additional charges increase the DWI conviction rate and make it more difficult for persons arrested on drunk driving charges to defend against the charges. Initially anyone arrested for drunk driving was charged with "operating" or "driving" a motor vehicle while "under the influence of alcohol" (OUI or DUI) or "while intoxicated" (OWI or DWI). In each, the influence of alcohol on driving conduct had to be shown to support a conviction. This was an important issue from a defense attorney's point of view. The construction of the law required a prosecutor to demonstrate the individual's alcohol consumption, no matter how great, affected driving conduct. In short, if the individual's intoicication was not apparent from driving conduct, an acquittal was likely. Responding to public pressure for harsher drunk driving penalties, state legislators went straight to work to simplify the prosecutor's burden. A second offense was added to state statutes which is charged "IN ADDITION" to the DWI. This second charge makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) greater than a specified statutory limit. In most states, including Minnesota, the BAC limit is 10. Many states have lowered this limit in recent years to .08. Tactical defense attorneys' challenged prosecutors in court arguing that urine, blood or breath tests to determine a driver's BAC were not tested at the time of the "driving conduct" but at some point after the driver had been arrested. As a result, the driver's BAC may not have been beyond the legal limit at the time the driving conduct. With this defense, Prosecutor's were tasked to find qualified medical experts to testify regarding the absorption rate of alcohol in each individual driver in order to prove the driver's BAC would have exceeded the legal limit at the time the motor vehicle was being operated. In response, State legislators again went to work to simplify the prosecutor's burden. A third statutory offense was added which makes it illegal to test with a blood alcohol concentration of .10 or more within two hours of operating a motor vehicle. No longer is it necessary for the prosecutor to call an expert regarding absorption rates and weight ratio's if a driver tested with a BAC of .10 or more within two hours of being stopped. This offense is charged IN ADDITION to DWI and operating a motor vehicle with a BAC above the legal limit. Good defense attorneys act swiftly when a driver charged with an alcohol related offense comes to their office. Vigilant attorneys analyze police reports to determine whether officers followed proper procedures while stopping or arresting DWI suspects. Police reports of the arrest are reviewed to find deviations from which might impair testing accuracy. Weather and road conditions, as well as the attire and medical condition of the driver at the time of arrest are also noted. After all of the evidence and each element of the case has been reviewed, effective defenses are discussed and devised. Today, more than ever, with changing laws and increasing penalties for alcohol related driving offenses, it is important to discuss your case with an experienced DWI attorney. Getting a clean slate Jeff Burns (not his real name) is a reputable engineer. He is married and lives with his wife and three children in their comfortable home in the suburbs. Things for Jeff were not always so nice.When Jeff was 21 years old, he was arrested for stealing money from his employer to finance his then out of control drug habit. In court, an agreement was reached to temporarily stay the court proceedings. In essence, jeff was given another chance. He was placed on probation for a period of two years conditioned on his repayment of the money he had stolen and further conditioned on remaining law biding. Well, Jeff cleaned up his act, attending treatment and repaying the money. Now, seven years later, Jeff is applying for a position in management. His employer wants him to sign a routine approval to obtain his criminal record. Jeff knows that if his employer learns about the theft, he won't get the job. What can he do? One answer may be an expungement. Minnesota allows all records relating to an arrest, indictment or information, trial, or verdict to be sealed so that they are inaccessible except by a court order. Expungements are available in only a limited number of situations. Under Minnesota Statutes Section 609A, an expungement may be available for certain controlled substance offenses, juveniles prosecuted as adults, or criminal proceedings not resulting in a conviction.In Jeff's case, prosecution was stayed conditioned on repayment of the money he took and that he remain law abiding. Jeff qualified for an expungement when he completed the conditions of his probation. A petition was filed to seal all arrest records prior to Jeff s job interview. By the time his job application was processed, his criminal records were sealed. Jeff received the management position. Even if an expungement is not available initially, a person convicted of a criminal offense may consider other options including reopening the criminal case or a petition for a pardon. Automobile Insurance What will happen to my automobile insurance?
If you received a DWI or other ticket, insurance companies are not
automatically notified of the offense. They must run a driving record
check to become aware
of the ticket. Insurance companies generally do not check driving
records on a regular
basis. Instead, random driving record checks are performed. Moreover,
when a new client is seeking insurance or when an old client request a
change in their policy, a driving record review may be performed.
If the insurance company discovers a DWI conviction, insurance rates
skyrocket. Often
drivers with DWI convictions will be placed on "risk" insurance where
the rates may be as steep as $600 per month. In some cases, the
insurance company will drop the driver as an insured on the first
renewal date.
In order to keep your insurance rates down, it is important to keep your
driving record as clean as possible. Different insurance companies offer
different rates. In fact, there are some insurance companies that
specialize in "risk" insurance. As a result, it is important to shop
around to determine the best rates and coverage possible. Driving
without proper insurance is an offense in itself and may result in the
suspension of your drivers license.
If you recently received a DWI or other traffic ticket, you may decrease
the likelihood of
increased insurance rates by keeping a low profile with the insurance
company:
* DO NOT buy a new car
Though taking these steps is not a guarantee, it may help to prevent the
insurance company from reviewing your driving record. In some cases,
your rates may be lowered again if you complete a required amount of
time with no further traffic violations. Ten things to do in the ten days after your arrest.
Ten.
Nine.
Eight.
Seven
Six
Five
Four
Three.
Two.
One DWI Charges
A DWI first offense with a Blood alcohol content less than .20 is a
misdemeanor punishable by a $700 fine and/or up to 90 days in jail.
A DWI is a gross misdemeanor if you have two offenses within 5 years or
three offenses in ten years or if your blood alcohol content is .20 or
greater. It is also a gross misdemeanor if you receive a DWI with a
child under the age of 16 in the vehicle if the child is also more than
36 months younger than the driver. A gross misdemeanor is
punishable by a $3000 fine and/or up to one year in jail.
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