Jacksonville Criminal Defense Lawyer Blog

According to Florida Statute Section 322.271(2)(a), a hardship driver's license cannot be granted to a person that has: 

1. been convicted of DUI two times or 
2. had his license suspended for refusal two or more times.  

This Florida law does not make an exception for Florida drivers with a refusal suspension.  However, Florida Statute Section 322.271(2)(b) allows a Jacksonville driver that has been previously convicted of DUI to petition for a hardship license, but there is a waiting period.  A Jacksonville DUI that resulted in a five year license suspension has a 12 month waiting period, and a Jacksonville DUI with a ten year license suspension has a 24 month waiting period.  After the waiting period has expired, a Jacksonville DUI lawyer can petition the department of motor vehicles and establish the basis for granting a hardship license.  

To learn more about Jacksonville Driving Under the Influence or Jacksonville Hardship Driver's Licenses, contact a Jacksonville DUI lawyer.  

With Jacksonville DUI driver's license suspensions, a driver normally falls under one of two categories. 

Jacksonville criminal defendants charged with elder abuse should be aware that a civil suit may follow a criminal suit. Therefore, pleading guilty to Jacksonville abuse of an elderly person would make it difficult to defend a law suit based on such abuse, so a plea bargain may not be the best route.  On the other hand, victims of Jacksonville elder abuse have at least two avenues.  They can take their case to the state attorney office and/or file a civil law suit.  

To learn more about abuse, neglect, or exploitation of the elderly, contact a Jacksonville Criminal Lawyer.  You can also contact a Jacksonville Elder Abuse Lawyer or www.floridaestateplanninglawyer.com.

A South Carolina NFA trust is a smart way to own and possess a Title II weapon in compliance with federal and state law.  There are many benefits to obtaining a Title II weapon using a South Carolina Gun Trust, including protection against unlawful transfers.  To learn more about possessing a Title II firearm in South Carolina, contact a South Carolina Gun Lawyer.  Additionally, you can visit www.guntrustlawyer.com for information about NFA gun trusts.  

In Jacksonville, when a person is arrested for Driving While Under the Influence (DUI), the DUI driver is asked take a breath-test.  If the DUI driver refuses, his driver's license will be suspended for 12 months pursuant to Florida Statute Section 322.2615.  However, before this occurs, the DUI driver is entitled to a hearing at the Florida Department of Highway Safety and Motor Vehicles (DMV).  

Today, I represented a person charged with a Jacksonville DUI at a DMV hearing.  The arresting officer was a Drug Recognition Expert (DRE), Officer M. T. Borgert.  At the start of the Jacksonville DMV hearing, I asked him about one of the Field Soberiety Tests that he administered called "HGN."  This test is used in many Jacksonville DUI cases.  The officer moves a pen across the driver's face to help him determine if the driver is driving under the influence.  The HGN test is a standard test that should be performed the same way every time.  However, in this Jacksonville DUI case, Officer Borgert did not perform the standardized test properly as evidenced by the DUI video.  Most people will watch a DUI video and not notice this, because it is not obvious.  As a Jacksonville DUI Attorney, I paid very close attention to the way he administered the test.  Therefore, I was able to discredit Officer Borgert's testimony and the reliability of the HGN test at the Jacksonville DMV hearing.  

When I was in law school, I had a professor that always stated "the devil is in the details," and as a Jacksonville DUI Attorney, I cannot agree more.  Jacksonville DUI Attorneys must pay close attention to every detail in a DUI case.  Field Sobriety Tests must be performed properly to be valid.  If you are arrested for DUI in Jacksonville, you should contact a Jacksonville DUI Attorney to evaluate your case.