Is Florida a Member of the Driver License Compact?

With places like the Zoological Wildlife Foundation, the American Airlines Arena, Vizcaya Museum and Gardens, Zoo Miami, Miami Beach, the Art Deco District, South Beach, and Little Havana, it’s no wonder why tourists flock to Miami.

Since Miami is a magnet for tourists and “snowbirds,” DUI attorneys see their fair share of out-of-towners who are arrested for DUI.  If you were arrested for driving under the influence while visiting Miami, you’re probably wondering how a Florida DUI will affect your driving privileges in your home state.

Will your home state find out about the DUI? Will your license be suspended back home? It depends if your home state is a member of the Driver License Compact.

What is the Driver License Compact?

It is an interstate compact used by all but five states to exchange information about the traffic violations and driver’s license suspensions of nonresidents.

The theme of the Driver License Compact is “One Driver, One License, One Record.” This means that if you get a DUI in Florida, your home state would treat the DUI as if it was committed back home. This means that your home state would apply its state laws to your Florida DUI offense.

In other words, your home state would treat the Florida DUI as if it happened at home. So, you would face the same penalties as if the DUI was committed in your home state. This would apply to an alcohol-related DUI, a DUI involving prescription or illegal drugs, a hit and run, a DUI accident, a DUI with injuries, or DUI manslaughter.

The five non-member states are Massachusetts, Michigan, Tennessee, Wisconsin, and our neighbor Georgia.

Under the Driver License Compact:

• Your Florida DUI will be reported to your home state.
• The DUI laws in your home state will apply to your Florida DUI.

Regardless of what state you live in, you can’t ignore your DUI criminal court hearing. Plus, if your DUI case goes to trial, your presence may be beneficial since juries tend to be more understanding when they can look a defendant in the eyes.

Will an Administrative License Suspension be Reported?

Interestingly, pre-trial administrative license suspensions (done immediately upon arrest) are not reported to the National Driver License Registry. Under the Compact only convictions from a court will be transmitted.

Under the Compact, a "conviction" means a conviction of any offense related to the use or operation of a motor vehicle which is prohibited by state law, municipal ordinance, or administrative rule or regulation, or a forfeiture of bail, bond, or other security deposited to secure appearance by a person charged with having committed any such offense, and which conviction or forfeiture is required to be reported to the licensing authority.

The good news is that if your DUI charges can be reduced or dismissed, your home state may not take any action against you. To discuss your options and legal strategies, contact my firm, Jonathan Blecher, P.A. for a free consultation!

Can I Represent Myself?

If you have ever been arrested on criminal charges, such as a DUI, you should recognize the line in the Miranda Rights that states that “if you cannot afford an attorney, one will be appointed to you.” Even if you have never been in handcuffs, you’ve probably heard a movie or television character say this exact phrase. But why is it so popular? Why do we all have a right to a lawyer? Can’t you just skip all that and represent yourself in the court of law? Does a man who represents himself have a fool for a client?

The short answer is: Maybe. Just as you have every right to a state-appointed attorney, if you qualify financially, you also have the right to act as your own lawyer. For small civil disputes that don’t involve thousands of dollars, seeing a professional attorney may not be required. But, when you begin considering all the details and pitfalls of a criminal case, the answer becomes much less straightforward.

Representing Yourself Can Be Extremely Difficult

In a criminal case, there is so much at stake, it doesn’t really make sense to go it alone. An experienced criminal defense attorney will be able to analyze your case, gather evidence, and begin to deconstruct the prosecution’s claims with much greater success than the Average Joe. Not to mention they will be able to do it much faster. Sometimes you lose track of time and the court date is only a few weeks away – without an attorney, you could be sunk.

Even if you are 100% confident in your innocence, and even if you feel you are charismatic enough to present a strong case in your defense, you should retain a criminal defense lawyer. If nothing else, brainstorming and reviewing evidence with someone who has dedicated their lives to litigation can be the grain of sand that tips the scales in your favor.

Lastly – paperwork. There’s going to be a lot of it, and it will vary depending on the court you’re dealing with. Simply filing a lawsuit or receiving a sentence requires attention to detail and proper procedures that can be a real headache if you lack familiarity with them.

In summation, yes, you can represent yourself in court but it is not highly recommended. If you have been arrested for a DUI, contact me, Attorney Jonathan Blecher, to be your Miami criminal defense attorney. With my help, you can take the guesswork out of your case and step into court with confidence.

Jonathan Blecher, P.A. to be Guest on Local Radio Show

For another holiday season, I have been asked to appear as a guest on a local radio program. Each year, I have the pleasure of appearing on Fried on Business, which airs every Thursday from 5:00 – 6:00 p.m. on 880AM-The Biz, which is Miami’s Bloomberg Radio affiliate. Fried on Business is Jim Fried’s radio program where I speak with his listeners as a legal consultant on criminal law and DUI defense. My next appearance will air on December 4, 2014.

The theme of this episode will focus on charges of driving under the influence (DUI) and the business aspects related to it since, with the holiday season ahead, DUI enforcement will increase. During this broadcast, I will discuss various aspects DUI charges in relation to this season of the year.

Listeners will learn about their rights pertaining to:

·         Chemical testing (blood, breath, and urine testing)

·         Driver license suspensions

·         Roadside sobriety tests

·         DUI sobriety checkpoints

On a previous episode, listeners were curious about the DUI penalties in Florida and what will take place if they are arrested. Another topic that I will likely discuss is the long-term effects of a DUI conviction on an individual’s life, such as the impact on:

•          Future employment opportunities
•          Increased insurance premiums
•          Deportation (If not a U.S. citizen)

If you have been arrested during the holidays, or are taking proactive measures to avoid a DUI arest, you will want to tune in to 880AM-TheBiz on December 4, 2014 from 5:00 – 6:00 p.m. 

How Do I Get Out of Jail after an Arrest in Florida?

After an arrest, you will be placed in custody, initially in a holding cell at the police station, and later transferred to another facility. After your arrest, you must be arraigned, which is when formal charges are filed against you. At the arraignment, the issue of bail may also be addressed. For some crimes, there is a special hearing to set bail. It is not advised that you appear at your arraignment or a bail hearing, or any court appearance without a lawyer, as the bail amount set by the judge could be too high for you to afford.

Your lawyer can submit information about you, your character and why you could be released on your own recognizance – with no bail amount due. If bail is required, you want it to be as low as possible so you can afford it and return to your home and family. The only way to get out of jail in these cases is to post bail. There are bail bondsmen that are in the business of providing the amount of bail you need, and expect about 10% of the amount to be paid to them to provide this service.

Under the Constitution, bail cannot be excessive, or to punish you for the crime it is alleged you committed. Bail amounts vary, and a good lawyer can usually negotiate it down to a reasonable amount, and can also connect you with a bail bond service so you can get out as quickly as possible.

Contact Jonathan Blecher, P.A. in Miami for more information about getting out of jail after an arrest.

How Can I Find Out if There Is a Warrant for My Arrest?

Are you worried that there is a warrant for your arrest? If there is, you are at great risk, as you can be picked up anywhere, anytime, and taken into custody. To find out if there is an outstanding arrest warrant, you can search the Miami-Dade police website.

Not everything is listed on this site. Most people worried about arrest warrants get help from an attorney who will find out if there is a warrant, and if so, take action to get it resolved before an arrest is made. A warrant could be issued for unpaid fines and tickets, a failure to appear in court when ordered, and probation violations, as well as for misdemeanor or felony crimes.

There can be some trouble finding a warrant that actually exists, as there are many ways there could be an error in spelling a name, and all data entered in a computer is done by human hands. You could search the site and believe there is no warrant, only to be picked up later. It isn't worth taking a chance.

If you are concerned and believe there could be a warrant for your arrest, you know there is some kind of situation that needs to be resolved. Make the choice to contact a lawyer to find out for you, and to take any defense action that could assist you to avoid an arrest and charge for a criminal offense. Early intervention by a lawyer could be what saves you from a very unpleasant and dangerous legal situation.

Click here to get help from a Miami lawyer from Jonathan Blecher, P.A.

Pot Sales Legal in Colorado

In Colorado this past January, cannabis retailers licensed by the state began selling of legal pot to people over 21. Adults who are of age can now legally possesses and grow limited quantities of marijuana in Colorado. Licensed retailers may also cultivate, produce, and sell cannabis and cannabis-infused products. In addition, the cities in which a shop opens must approve of the operation of the marijuana business within that city.

In November 2012, over 55% of voters statewide approved the authorization for adults to possess, grow, and commercially sell cannabis.

All cannabis sales must comply with state regulations regarding the commercial production and retail of pot to adults. So far, over 300 businesses have been approved by state regulators to sell marijuana. Dozens of businesses opened within the first few days that cannabis retail sales were made legal, and many more began sales over the next few weeks. The industry continues to grow.

NORML Executive Director Allen St. Pierre is quoted as saying the following:

"For the first time in modern history, a state is regulating cannabis as a legal commodity in a manner similar to alcohol. Colorado is the first, but it certainly won't be the last, state to treat cannabis as a legal, adult retail product rather than as a prohibited, criminalized substance. The genie is out of the bottle and it isn't going back in."

U.S. Attorney General Eric Holder announced early on that the Justice Department would not interfere with legal sales in individual states where there was adequate regulation. To put the pot sellers at ease, Colorado Deputy Attorney General James Cole affirmed that the Justice Department would not interfere in the regulation of marijuana sales by the State. His written opinion made clear that the Colorado state regulations do not make the substance available to children and do not allow cannabis to be diverted to states where the use of cannabis is not legalized.

Under Colorado's law, you can grow your own pot, but you can't sell it if you're not licensed by the state. Public display of marijuana and consumption are not legal. You can't smoke marijuana in the street or at any bars, clubs, or even where you bought it. Public smoking is also against the law and you're looking at a $100 fine or up to 15 days in jail.

You could face a much greater penalty under federal prosecution, however, especially for cases involving smoking on public property. Possession of marijuana on federal property is punishable by up to six months in jail and a $5,000 fine. Do not ever carry cannabis onto federally-regulated property, such as a park or federal facility, even if you have the right to carry cannabis elsewhere.

Jonathan Blecher is a member of the NORML Legal Committee, and has been defending pot possession cases for decades. Charged with marijuana possession or with driving under the influence of marijuana in Florida? Call or write for a free consultation.

Back on Track Miami Diversion Program Changes

The Miami-Dade State Attorney's Office met with Mothers Against Drunk Driving representatives recently to discuss the Back on Track Program, a DUI diversion program for first offenders in Miami. As usually happens when political forces are brought to bear, the MADD Mothers got their way and forced prosecutors to beef up the conditions of the program.

Program participants in Tier One (under .15 BAC) will be required to install an ignition interlock device on their car for 90 days. Tier Two participants will be required to install the device for 180 days.

The program was designed to focus on first time DUI offenders, with no aggravating circumstances surrounding their cases, such as minors in the car, accidents or very high breath/blood test results. It's creation followed the path of successful programs Alachua County (Gainesville) and Orange County (Orlando), the focus of which was to educate first-time offenders, sting their pocketbooks, but not saddle them with a DUI conviction for life—all very reasonable pursuits.

Enter MADD, who tried to force additional program conditions that demonize first offenders. First, they proposed adding a SCRAM alcohol monitoring bracelet for defined time periods. Then they tried adding a "no drink order" during the entire period of program participation, 6-12 months.

Zero tolerance has long been the goal of MADD, starting from the time when they changed their slogan from "Don't Drive Drunk" to "Don't Drink and Drive."

"We believe the best practice is not to drink and drive and that means zero. If that's neo-prohibitionist, then we are." – Chuck Hurley, Former MADD CEO.

"MADD's stance is that ONE drink is too many." – Kelly Larkin, Executive Director of MADD Southern Arizona.

"While a lot of attention is paid to the serious problem of the repeat offender we don't want to overlook the casual drinker." – Karolyn Nunnalee, Former MADD President in USA TODAY.

MADD has pushed for Ignition Interlock Devices for all people convicted of DUI and, at last count, has been successful in doing so in 20 states, most recently Maine and Tennessee. In Florida, the IID is required after a first DUI conviction, if the BrAC is .15 or greater or a minor is in the car.

Fortunately, reasonable minds prevailed at the Miami-Dade State Attorney's Office.

All You Need To Know About Roadside Sobriety Exercises

Undergoing Sobriety Examinations

It's going to be a shock when you're driving home from the bar or a party and all of a sudden you see the flashing lights of a police car in your rear view mirror. If you know you've had one too many drinks that night, your first feelings are usually of panic, fear, and regret. But if you feel as if you've done nothing wrong, regardless whether you've had something to drink or not, then you're more confused than anything else.

In most cases when the police officer pulls you over and asks you to step out of your vehicle, there's a good chance that you may be asked to perform some exercises to dispel the officer's suspicions that you may be driving under the influence of drugs or alcohol. These tests are called Field Sobriety Exercises.

What does a Field Sobriety Exercise entail?

Standardized field sobriety exercises are at the police officer's discretion and are usually administered if they feel that there's enough physical observation evidence to suspect a DUI.

In my opinion, these tests were designed with an unfair advantage over the subject; ultimately resulting in failure in one or several areas. There are many factors aside from being intoxicated that can lead to a failed sobriety test. 

Here are a few things that can negatively affect your outcomes.

• Over-the-counter medication that can make you sleepy or groggy
• A drink or two, though under the drinking limit, can still impair your ability to pass the test to some degree
• Naturally lacking coordination and balance
• Physical disabilities, injuries experienced in the past or limited mobility of limbs
• Poor roadside conditions
• Over 60 years of age
• More than 50 pounds overweight

There are many parts to a sobriety test which can include both standardized and non-standardized testing. The entire process can last for several minutes depending on how many of the following you're asked to do.

National Highway Traffic Safety Administration standardized tests are:

• One-leg stand
• Walk-an-turn
• Horizontal Gaze Nystagmus (HGN)

Other tests may include the following non-standardized tests:

• Finger-to-nose
• Finger-count
• Reciting the alphabet (forward or backwards)
• Number counting (forward or backwards)
• Rhomberg Balance

While the tests are being administered, the police officer will be closely observing and scrutinizing your every move; looking for wobbling, swaying, falling, stumbling, flailing of the arms, slurred speech and other signs of intoxication.

What happens after you refuse a sobriety exercise?

A lot of people are under the impression that a field sobriety test is a requirement if and when a police officer asks you to perform them, but in fact it's not. If you ask an officer if the sobriety tests are "voluntarily" then an overwhelming percentage of them will have to say yes, giving you the right to politely refuse to take them. In that event, unlike breath, blood or urine tests, refusing to do a sobriety exercise will result in no penalties and will not be used against you in court.

Have Questions? Call An Experienced DUI Lawyer.

Have more questions about your DUI case? Call Attorney Jonathan Blecher, P.A. to discuss your situation during a free case evaluation. Attorney Blecher has been defending DUI cases in Miami for over three decades and has the knowledge you need on your side.

Building the Best DUI Lawyer

There's a growing, and necessary, trend for lawyers to specialize/concentrate in a niche area of law, giving clients the most effective and experienced representation for their case. Strong DUI laws and sinister law enforcement techniques require a high level of training in DUI practice.

There is a blueprint for becoming an excellent DUI lawyer. Just like anything else, it requires effort, discipline and a genuine desire to focus on that area of criminal defense practice.

The most effective DUI lawyer is someone who makes the commitment to practice almost exclusively in DUI defense. A lawyer who takes on Divorces and Real Estate Closings and Personal Injury Cases absolutely cannot be effective doing all of those things at a high level. A "Jack of all trades, Master of none" cannot provide the type of DUI defense these cases require. Even criminal lawyers who defend murders and drug cases are not the best-suited to take on a DUI case.

A plastic surgeon and a gastroenterologist are both skilled doctors, but you wouldn't ask the surgeon to perform a colonoscopy, would you?

The most effective DUI lawyer will attend seminars on DUI practice; join organizations like the National College for DUI Defense; study scientific literature; and frequently speak on DUI-related topics. That lawyer will know what evidence to gather from the prosecution, the crime labs, the DMV and from the crime scene itself. The most effective DUI lawyer will know what to look for and know where and how to get it.

The most effective DUI lawyer is someone who will charge a good fee for their work. Traffic "ticket defense teams" and volume law practices cannot, and don't, provide the level of attention needed to properly and effectively defend a DUI case. Even law firms with several lawyers ought not to hand off their client's cases to whoever is available in court that day.

For over 30 years and over 3,000 DUI and DUI-related cases, I have been defending otherwise good people charged with DUI and other serious offenses. Call my office, Jonathan Blecher, P.A., to schedule a free consultation at (305) 707-0036 or my mobile at (305) 321-3237.

How Long Does It Take To Get Someone Out Of Jail In Florida?

The length of time it will take to be released from jail after an arrest will vary, based upon the type of criminal charge. Some crimes will require that bail is posted, which makes the process longer, particularly if a bail hearing is necessary. In other cases, a person may be released on his or her own recognizance, and the time spent in custody will be shorter.

Overview of the Criminal Process

The process starts with an arrest. You are then taken to the police station, booked and then placed in a holding cell. After the booking process is complete (which often takes hours), you be allowed to make a phone call. It is suggested that you get in touch with defense lawyer who can manage all the details, including finding you a bail bondsman so you can get out of jail and return home, if bail is required in your case. For more serious crimes, you could be transferred to a county jail.

It could take many hours to be released, even in the simplest cases. For example, if you are charged with DUI, and were arrested at night, you probably will not be released until the morning, and after appearing in court and being formally charged. The criminal justice system doesn't move quickly, and you have to be patient, as you may be in custody for a period of time before your release. You would be smart to get in touch with an attorney so you can get out of jail as quickly as is possible, based upon the facts in your case, and what bail amount the judge demands in your case. If too high to afford, your attorney can negotiate it lower in many cases.

Contact Jonathan Blecher, P.A. for more information about how to get out of jail in Florida.

My Offense Is Minor. Do I Really Even Need An Attorney Or Can I Just Handle This On My Own?

A minor offense might not seem too important, and you may be wondering if it is worth hiring an attorney. Some people choose to defend themselves, even in serious felony cases. The problem with this tactic is that even though you could save on legal fees, the consequences could last for a lifetime. For example, many misdemeanors may not appear to be very significant, but often carry a potential sentence of up to 12 months.

If the judge is having a bad day, you could seriously regret not having an attorney representing you. Judges are human, and can impose heavy sentences one day and lighter ones the next, based upon how they are feeling. Some judges are known for being tough, and imposing heavy sentences in most cases. Do you know the history of the judge you will be facing? An attorney will, and can approach the case correctly, based upon all the details.

If you are innocent, you can't assume that you won't have any problem getting off. If you have been arrested and charged, it means the prosecutor believes there is sufficient evidence to convict. Innocent people get convicted, and in some cases, it is merely because they could not or did not get an attorney that knows the system and how to get a result.

A minor criminal conviction, such as a misdemeanor, can impact you later, including increasing penalties that could be imposed upon you if you are ever convicted again in the future. Florida is known for the heavy punishments that are imposed upon offenders. It is advised that you have an attorney, no matter how minor the charge.

Contact Jonathan Blecher, P.A. for more information about defending against a minor charge.