Florida Warrants for Old DUI Probation Violations

On occasion, a person will find out that they have a warrant in Florida for a probation violation on a DUI that they got years earlier. Let’s say that “John” thought his case was closed back in the early 1990s, which is when he contacted Broward County and they had him pay a $500 fine.

At that time, the court told John that everything was clear. Like many people, John didn’t stay in Florida his whole life. He eventually moved out of state and got his driver’s license there.

It’s been over 20 years since John’s Florida DUI; he hasn’t so much had a speeding ticket since then.

Now, it’s 2015 and John just found out that he has a warrant for his arrest in Broward County, Florida. What should he do? He contacted Broward County and they told him to send them a letter explaining his situation; they refused to give him any kind of “legal advice” over the phone.

If you’re in a similar situation and dealing with the Broward County courts, first I want to say that they can be difficult to deal with. I know this from having to deal with their court system for over three decades.

If you have an outstanding warrant like John, you can’t expect the Clerk’s Office staff to be helpful, but they may be more helpful to a DUI lawyer who “speaks their language.” Such an attorney can determine the nature of the problem and find the appropriate solution.

In my experience, a great way to get information in these situations is to have a DUI attorney go through the judicial assistant who works for the judge on the case.

If you’re dealing with a similar scenario in Miami-Dade County and you have a warrant out for your arrest due to a DUI probation violation, I strongly suggest that you contact my office to schedule a free case evaluation. I’d be glad to get to the bottom of this so it can be resolved as quickly as possible.

Just a few of my qualifications include being a member of the National College for DUI Defense, selected for inclusion in Florida’s Super Lawyers®, and the AV® Rating from Martindale-Hubbell®.

Can I Get a Hardship License After a 2nd DUI?

Were you arrested for your second DUI offense in Miami? Let’s say it’s been less than five years since your first DUI, and now you’re facing a five year license revocation. Are you eligible for any type of license before the five years are up?

When a person is given a five year suspension for a 2nd DUI within five years, they can apply for a hardship/business purposes license after one year has passed.

So, if it’s been more than one year into your five-year suspension period, you may be eligible for a business permit, assuming you haven’t been charged with any driving-related offenses since the five-year suspension took effect.

If that’s the case, you may be allowed to participate in the “reinstatement program,” a costly program, which involves monthly monitoring by the DHSMV, or by a program of their choice.

Even if you’re at least one year into your five-year license suspension, it doesn’t mean that you’ll automatically be granted a hardship license, but it does mean that you are eligible to apply under your DUI suspension.

To be eligible for a hardship license, you must meet the following criteria:

• If referred, you must complete DUI school and treatment.
• You must have a favorable recommendation from the Special Supervision Services Program.
• You must stay in the Special Supervision Services Program for the duration of your revocation in order to keep your hardship license. 

If you receive a hardship license, you must complete the required examination, pay an administrative and revocation reinstatement fee, and any license fee required.

Ignition Interlock Device (IID) Requirement

Florida law states that certain persons convicted of DUI are required to install ignition interlock devices (IIDs) on their vehicles. Under Sec. 322.271, F.S., anyone convicted of DUI who applies for a restricted license for work or business purposes is required to install an IID.

If you are facing charges for a second DUI offense in Miami-Dade County, reach out to my firm to work with a Miami DUI lawyer who is selected to Florida’s Super Lawyers®,AV® Rated by Martindale-Hubbell®, and a proud member of the National College for DUI Defense!

Click here to request your free case evaluation! 

DUI for Prescription Drugs

While many simply associate a DUI with driving drunk, a person can also be arrested for DUI if they are under the influence of prescription drugs. Regardless of whether or not the driver legally had access to their prescribed medication, Florida DUI laws cover any sort of impairment that stems from an unnatural substance, providing no special treatment for prescription drug users and subjecting them to the same penalties of any other DUI charge.

Drugged driving cases can be quite complex and much more difficult to prosecute due to the complications involved in proving a person’s intoxication. Unlike alcohol where a breathalyzer test can be administered, there are no set standards for measuring a person’s level of prescription drugs in their system. This is set to change, however, as the National Highway Traffic Safety Administration (NHTSA) has convened an expert panel in an effort to figure out a way to assess a person’s level of impairment.

What Types of Prescription Drugs Can Cause a DUI Charge?

A variety of prescription drug types can lead to a DUI charge. Simply put, any drug that causes drowsiness, impaired motor skills, or has a label that says “do not operate a vehicle or heavy machinery” can cause you to be pulled over and accused of DUI.

Among others, the following drugs can all lead to a DUI charge:

• Vicodin
• Percocet
• Xanax
• Valium
• Over-the-counter medication

If you have been arrested for a prescription drug DUI, I, Attorney Jonathan Blecher, can provide you with a powerful defense. Having been providing exceptional DUI defenses in Miami since 1982, I have gained invaluable knowledge that can be instrumental in securing a not guilty verdict on your behalf.

Call my office today at (305) 707-0036 to get started towards a results-driven defense.

Florida Man Hits Pedestrian, Charged With DUI Manslaughter

COOPER CITY, Fla. – A Cooper City man who was arrested for driving under the influence is now facing additional charges after allegedly running over a pedestrian who was out late walking his dog.

The victim’s ex-wife called the victim a great father, a great son, and a “great guy.” Everybody loves him, said B. Ledesma.

A man suspected of drunk driving struck R. Wimpey, 52, as he walked his dog just steps away from his Cooper City apartment.

As Wimpey was receiving treatment at the hospital, his family was hopeful that he would survive his injuries, but now that his body succumbed to them, they are devastated.

Ledesma said Wimpey’s mother is 80 years-old and his daughter is 18. His daughter is already asking Ledesma about who’s going to walk her down the aisle when she gets married. She’s asking, “Who’s going to see my grandchildren?”

The accident happened in the early morning hours of Sep. 11, shortly after 1:00 a.m. Wimpey took his dog, Ana, out for a walk, and he made sure that she was wearing a yellow, reflective vest so as to be seen by motorists.

According to police, Wimpey’s neighbor, M. Smith was driving under the influence of alcohol when he struck Wimpey at the corner of SW 52nd and 90th Way.

One of the neighbors, E. Gonzalez, told CBSMiami that she heard a skid around the corner and knew that someone was going a little bit too fast.

Another neighbor, M. Marcais, said that heard the screaming and crying, and that he noticed the dog, Ana running around.

Smith did not flee. Instead, he remained at the scene until he was arrested on DUI charges. Meanwhile, Wimpey was transported to a local hospital where he received treatment for a broken leg, a collapsed lung, and a traumatic brain injury. Eleven days after the accident, Wimpey died as a result of his injuries.

Smith was re-arrested on Sep. 30 on new charges and appeared at Broward County Court. Smith has been charged with DUI manslaughter and vehicular homicide.

Need a Miami DUI attorney?

If you’re facing DUI charges in Miami-Dade County, you need an aggressive defense attorney. As a former prosecutor who is not only a member of the National College for DUI Defense, but selected for inclusion in Florida’s Super Lawyers®, I have the qualifications you need for a strong defense!

Call Jonathan Blecher, P.A.to schedule your free case evaluation!

‘Fair DUI’ Creator in Cuffs at a DUI Checkpoint

Almost everyone has heard about the Boca Raton attorney who came up with a controversial method for getting out of a DUI checkpoint. Attorney Warren Redlich is the one whose technique requires that drivers do not lower their window or speak to officers at a DUI checkpoint.

He recently tried out his technique in Coral Gables and wound up in handcuffs.

Earlier this year, Redlich’s method for avoiding a DUI checkpoint was all over the news. Per his method, instead of rolling down your windows, you press a card to your driver’s side window that reads, “I remain silent, no searches,” and you show your license and registration through the window.

But when Redlich tried it in Coral Gables, he was repeatedly warned by the officer. The police weren’t going to accept the documents through the glass technique. A camera captured the officer opening the door and handcuffing Redlich.

Redlich said that they think he’s required to roll down the window and hand over his license and he thinks he’s not required by law to do that, he told CBS4.

To Redlich, DUI checkpoints are a waste of time. He calls them ineffective and says they’re publicity stunts. They don’t work, he told CBS4’s David Sutta in an interview.

Redlich also believes that DUI checkpoints violate people’s 4th Amendment protections against unlawful searches.

Redlich Wanted to Make an Example of Coral Gables

According to Redlich, he didn’t end up in Coral Gables that evening by chance, he deliberately went there to make an example out of Coral Gables.

After Redlich’s “Fair DUI” made the headlines, Coral Gables attorneys took a closer look. They adopted a policy that according to Redlich, was more extreme than anything he’d seen before.

If a driver refuses to open their window at a checkpoint, they could get arrested. The penalty is usually a ticket for a non-moving violation.

That night in Coral Gables, Redlich was handcuffed for three hours. He says he’s confident that he’s right and they are wrong. In the end the officers let him go. He was ticketed for failing to show his driver’s license.

Coral Gables City Attorney Craig Leen told CBS4 that the officer has discretion, and that Redlich could still be charged with obstruction of justice. Leen called the situation sad and said that he’s playing a game, that he’s not here for any purpose but to obstruct a DUI checkpoint and that, he said, is wrong.

As Redlich considers taking his argument to federal court, the city is ready to fight back. Leen said that he will defend his view and they will prevail.

If you were arrested for DUI, contact my firm to get your legal questions answered by an experienced Miami DUI attorney who is a former prosecutor. 

Alternative Sentences for DUI in Miami

As a resident of Florida, you’re likely well-aware that Florida has a reputation for being harsh on crime and DUI is no exception. If the prosecutor has a strong case against you, you may be nervous about spending up to six months of your life behind bars – and that’s only for a first DUI offense without any aggravating factors.

As a Miami DUI attorney, my primary goal is to get my clients’ charges dismissed. However, if the odds are against a client, I aim for more favorable alternatives to a jail sentence.

Under special circumstances, a DUI defendant has sentencing alternatives available in lieu of jail; if this is possible, I do everything within my power to pursue one of these options.

In Florida, most DUIconvictions involve a period of incarceration, whether it’s for a misdemeanor or felony DUI. For example, a first DUI is punishable by up to six months in jail, a second DUI is punishable up to 9 months in jail, and for a third DUI, the jail sentence can be as long as 12 months.

Alternatives to Jail

If you’re like most people I work with, you simply can’t afford to go to jail. That is especially the case if you’re employed or have a family to support. In short, most people can’t afford an extended interruption in their income, and such absences put their jobs at stake.

Under Sec. 316.193(6)(k) of the Florida Statutes, judges have the discretion to order alternative sentences, such as a residential drug abuse treatment program or a residential alcoholism treatment program, and the court must credit the time served towards jail time.

Alternative sentences are usually available to individuals with misdemeanor DUI convictions, in the absence of a violent criminal record. Low-risk offenders may be eligible for the House Arrest program, in which case they are required to wear a passive GPS anklet or an electronic monitoring device.

Another option for low-risk offenders is enrollment in the Day Program. This is a less restrictive form of supervision, however, the offender is required to report to their house arrest officer daily.

Interested in exploring your options?

I’ve only scratched the surface regarding alternative sentencing options. If you were arrested and charged with DUI, not only will you want to fight your charges, but you should be aware of the alternatives to jail.

If you’re interested in obtaining more information about alternative sentencing, don’t hesitate to contact my firm, Jonathan Blecher, P.A. for a free consultation!

Petition to Deport Justin Bieber on Its Way to White House

A group of people are trying to get Justin Bieber deported back to Canada. They’ve put together an online petition that describes Bieber as reckless, destructive, and a drug abuser. The petition has amassed enough signatures to earn official review from the White House.

The petition, “Deport Justin Bieber and revoke his green card,” was established on the site, We the People. It was created after the Canadian singer and songwriter was arrested for DUI, driving with an expired license, and resisting arrest on January 23, 2014 in Miami Beach.

With over 273,000 signatures to date, the petition has earned enough signatures to receive a White House review.

The 21-year-old lives in Beverly Hills and is reported to possess an O-1B visa. Such visas are based on “extraordinary achievement” in the arts, TV or film.

Following his 2014 DUI arrest in South Florida, over 270,000 people petitioned the White House to have Bieber deported. Though the number of signatures are sufficient for a review under the White House guidelines, the Obama Administration has declined to comment on the petition.

In retaliation to the petition demanding that the “One Less Lonely Girl” singer be deported, Bieber supporters (Beliebers) created their own petition on the We the People site, “Stop Justin Bieber from getting deported.”

This petition argues that the idea of Justin Bieber getting deported is “completely unfair.” Saying that that he doesn’t deserve this, that’s he’s human. That he’s not perfect.

Immigration Experts Doubt Deportation

Immigration law experts say that it’s highly unlikely that Bieber will be deported. One reason being that about a decade ago, the Supreme Court ruled that DUI is not typically a deportable offense.

In the January 2014 DUI case, Bieber settled to a plea bargain where he pleaded guilty to resisting an officer without violence, and to careless driving, in exchange for dropped DUI charges.

He was fined $500, sentenced to an alcohol education course and 12 hours of anger management classes. As a part of his deal, he donated $50,000 to a children’s charity.

Toxicology results found that Bieber’s blood alcohol level was below the 0.02 limit for drivers under the age of 21. He did however, test positive for marijuana and the anti-anxiety drug, Xanax, NBC Miami reported.

Searching for a Miami DUI attorney? Contact my office, the Jonathan Blecher, P.A. to discuss your DUI charges with a former prosecutor, who’s handled over 3,000 DUI and suspended license cases since 1982.