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If you were pulled over for a DUI stop in Florida, it is important to know your rights and options. If you handle a DUI stop well, you can avoid a conviction or seek reduced penalties. A DUI lawyer can help you build a defense if you get charged with a DUI offense.

DUI traffic stops involve many standard procedures on the part of law enforcement. You must know how to undergo these procedures without compromising yourself. Here is a look at important tips you can use when handling a DUI stop.

Invoke Your Fifth Amendment Right

When an officer stops your vehicle, you are legally required to provide your basic details, proof of insurance, license, and registration. If the officer asks you whether you consumed alcohol or drugs, you have the right to remain silent under the Fifth Amendment.

You must be polite in your interactions but firm in asserting this right. You can best protect your rights by remaining silent and refusing to answer any questions that may incriminate you.

Don’t Always Participate in Field Sobriety Tests

Field sobriety tests are elaborate tests used to assess your sobriety on the spot. However, there is no guarantee that you will pass a sobriety test even when you are 100% sober. It is best to refuse to undergo these tests. You can legally refuse participation in these tests without any legal repercussions. 

Don’t Allow a Vehicle Search

If you have a visible open can of beer or other incriminating evidence in plain sight, an officer is permitted to conduct a vehicle search. In most cases, the officer needs the warrant to search the vehicle unless you grant permission. And that is a mistake many people make at DUI traffic stops.

If there are no visible incriminating circumstances, you can refuse a vehicular search, and the officer must accept your refusal.

Know the Pros and Cons of a Breath Test

If an officer suspects that you are driving under the influence, you will be asked to undergo a breath test. This involves blowing into a portable breathalyzer machine.

Florida Statutes 316.1932 says that you automatically consent to a breath or blood test when you get a driver’s license in Florida. If you refuse the breath test, you violate this implied consent. The police officers can’t force you to take the test but you will face penalties for the breach of implied consent.

These penalties include a license suspension of one year for the first refusal and a 1.5-year license suspension for the second refusal. The refusal can also be used by the prosecutor as an admission of your guilt if you are later charged with a DUI offense.

Contact a DUI Lawyer

If you are charged with a DUI offense in Tampa, Florida, you should seek legal aid as soon as possible. It is best to have a lawyer by your side during police questioning. Here at Hersem Law, we handle DUI cases regularly. Our lawyers work with you to robustly defend against the charges and seek a reduction or elimination of the charges.

Call us now at 813-251-7291 to discuss your DUI case with our lawyers. You can also fill out the contact form below to set up a free strategy session with one of our attorneys.

A police officer stopped you the other day and cited you with a ticket for a traffic violation. You’ve probably heard that it’s possible to get tickets dismissed, but you don’t know where to start or who to talk to.

A traffic ticket, even for a first-timer, can have far-reaching effects on a driver. Admitting to the violation will increase points on your driving record, causing possible suspension of your license, increased auto insurance premiums, and hefty court fines.

The only way to lessen or avoid these penalties in Florida is by fighting to get the traffic ticket reduced or dismissed. How do you do it, and why is partnering with a traffic ticket lawyer powerful for your case?

What Are My Options After Getting a Traffic Ticket?

Failure to act and ignoring the ticket could lead to late fees, additional fines, and even an automatic suspension of your drivers license. A driver who’s cited with a traffic ticket has generally three options to deal with the situation.

You could:

Pay the Ticket

You may think the easiest way out after receiving a ticket is to pay the fines and move on with your life. After all, who wants to spend endless hours in court fighting a violation?

Unfortunately, doing so means admitting to the traffic violation charges, getting points on your license, and allowing your insurance company to use those points against you to increase your premiums. This can end up costing you thousands of dollars over the next few years.

Take a Driving Course

State laws allow persons cited with a traffic charge to elect to take a driver improvement course in exchange for no points on their driving record. However, you still have to pay the fines for your citation and you have no chance of getting your ticket dismissed. Additionally, you only get one of these elections in a twelve-month period and only five in your lifetime.

Depending on the type of ticket you received, this may be a good option for you. However, it’s typically best to save your selections as a safety net for when you really need them.

Contest the Ticket in Court

The only way to get your traffic ticket dismissed in Florida is by contesting the charges in court. Here, you’ll be challenging the officer’s allegations by presenting evidence that shows otherwise or finding loopholes in their argument, ideally with legal help from an attorney.

How a Traffic Ticket Attorney Can Defend You

A traffic ticket attorney from Hersem Law is your best bet for getting your ticket dismissed. We’ll work to do so by raising defenses to weaken the charges, depending on your case.

Some examples of such defenses could include:

• Your actions on the road were necessary to prevent harm.
• The officer didn’t witness the alleged infraction.
• The officer or other witnesses can’t identify you.
• The citation has major technical errors or other fatal flaws.
• The wrong statute was cited.
• The speed measuring device hasn’t been properly maintained.

Contact a Traffic Ticket Lawyer in Florida

Traffic violations are harshly looked upon because drivers who are found guilty are not only endangering their lives but those of other road users. To get your traffic ticket dismissed in Florida, you’ll need to contest the charges in court. Don’t risk your chances of a win by representing yourself when fighting a ticket.

Instead, speak with a traffic ticket attorney from Hersem Law to build a defense strategy that aims to dismiss or reduce the charges. Schedule a free strategy session by calling 813-251-7291 or completing the quick contact form below.

In Florida, driving impaired or driving under the influence of drugs or alcohol (DUI) is a serious offense. But you may not be so worried because it’s your first conviction. You may think that means you’ll face fewer consequences, but that doesn’t mean your situation is less severe.

If you’re facing a conviction for driving under the influence, you may need a Florida DUI lawyer to defend your case. Without their guidance, you may expect some or all the following penalties, even for a first-time offense.

What First-Time Offenders Can Expect

You are considered a DUI offender if there is enough evidence to prove that your normal faculties are impaired, or your blood-alcohol content (BAC) is at least 0.08 grams per 200 liters of breath or 100 milliliters of blood. Failing a sobriety test can have penalties even if you’ve never failed one before.

For example, as a first-time offender, you will be subject to the following penalties:

• Fines – A minimum of $500 to a maximum of $1000 will be imposed. But your fine will be steeper if you have a minor with you in the vehicle or your BAC is 0.15 grams or higher. In which case, your fine will be within the range of $1000 to $2000.
• Community Service – You will be ordered to serve no less than 50 hours of community service. You may opt out of this if you are willing to be fined an additional $10 per hour of the required community service.
• Probation – You will be placed under probation for a maximum of one year.
• License Suspension – Even a single DUI conviction on your record can impact your driving privileges. Your license may be suspended for months, leaving you seeking out rideshare, taxi, bus, or other transport options.

Florida’s zero-tolerance law will apply to drivers under twenty-one years old and may impact the penalties you face. Drivers under twenty-one with a BAC of .02 will have their driver’s license suspended for six months, while those with a BAC of .05 or higher will have to attend a substance abuse course.

Additional Penalties After a Conviction

Not all DUI arrests and cases are the same. While many first-time DUI convictions won’t face harsher penalties, aggravating factors can impact how serious your case is. Your lawyer may be key in defending your future. For example, DUI offenses that involve property damage, personal injury, manslaughter, and vehicular homicide merit stiffer penalties.

In some cases, you may face imprisonment for a maximum of six months. If you have a minor in your vehicle or a blood-alcohol concentration (BAC) of at least 0.15 grams, you may face a longer sentence.

Get Help from a DUI Lawyer

When you’re accused of driving under the influence, even a first-time offense can be costly. That’s why Hersem Law is here to help. We can help you gather evidence to drop the charges against you or convince the courts to reduce these penalties. Call us at 813-251-7291 or fill out the following online contact form to start with a free strategy session about your case.

When you’re charged with a crime, having a criminal defense lawyer by your side can help you avoid lifelong consequences like a lengthy prison sentence, in trade for probation. This is a great alternative because you’ll be doing so outside of prison, though under supervision by a probation officer. 

But what happens to this freedom if you get a new charge while on probation? You’ll likely need to consult a probation attorney to understand your rights and help you fight the new charges.  

How Does Probation Work?

Probation is a form of sentencing different from parole where the accused serves time out of prison but under certain strict guidelines, including supervision by a probation officer. These rules are set by the court and will mostly depend on the criminal offense in question. 

Breaking any of these rules leads to a violation of probation, which can worsen your case, including serving time in prison for both charges. 

Normally, the judge will determine whether you qualify for probation and read it in the sentencing ruling. Probation might be granted after serving part of your sentence in prison or as your entire sentence without any prison or jail time. 

A seasoned probation attorney wants the best outcome for you and will strive to provide the defense you deserve for the latter outcome.     

What Happens When You Get a New Charge?

Among the terms and conditions of probation sentencing is an agreement to stay out of trouble. Getting a new charge while on probation is a violation of probation.

You will then be required to appear in court for a probation violation. This hearing allows you an opportunity to either admit to the violation or deny that it occurred. 

If admitted to, the judge can impose a sanction, which can include an extension of probation time, additional community service, jail time, and even revocation of probation. 

If you deny the violation, another hearing will be scheduled where the state will have the burden to prove the violation occurred.

Nevertheless, it’s a legal battle that you don’t want to fight alone because of what’s at stake.

After filing the petition, adjudication proceedings will commence for your new charges, separate from the offense you were convicted to probation for. This means you stand to serve two separate sentences should you be convicted of the new charges. 

Consulting a lawyer immediately when you’re charged with an offense while on probation can improve the outcome of your case and, ideally, get your probation reinstated.    

Seek Legal Defense from a Probation Lawyer

Facing new charges while on probation, whether convicted or not, is a threat to the freedom you enjoy outside of prison. You face probation revocation, not to mention possible additional charges should you be convicted of the second offense.

For the most favorable outcome possible, you’ll need qualified and experienced legal representation from a probation lawyer. Your attorney from Hersem Law understands the law and the best possible defenses to use against the new charges.  

Get started with a free strategy session regarding your case by calling 813-251-7291 or filling out the contact form at the bottom of this page. For more quick answers, check out our criminal defense FAQ page.

The thought of attending traffic school doesn’t sound so pleasant for most drivers. It’s understandable. From school, to work, a young family to take care of, and so on, you might not have the time to spare. 

However, it’s important to consider your circumstances carefully before making a decision. Whether or not you have to go to traffic school will depend on the violation you were cited for and how strong of a case you can build.  

This can be challenging to decide, especially when you’re not well versed with the legal repercussions of each choice you have. You can start by discussing your case with a traffic ticket lawyer to determine and build the best strategy for your case.

When Is Traffic School Mandatory if I’m Ticketed?

To retain your driving privileges after a ticket, traffic school is compulsory if:

• You were cited for racing, reckless driving, running a stop sign or red light, or failure to stop for a school bus 
• An accident occurred, you were at fault, and one or more victims were taken to hospital
• You’ve been in two accidents in two years whose property damages exceeded $50.

In all other cases, you don’t have to go to traffic school but it might be the only option to get your ticket dismissed. 

What Happens When You Go to Traffic School?

Upon being ticketed, you’re required to notify the court that you’ll be going to traffic school within 30 days. The course is a 4-hour long training that recements a driver’s knowledge on safe driving skills and road safety in general. 

What are the benefits of going to a traffic school?

• The court dismisses your traffic ticket and any associated points on your record
• Your insurance company cannot hike premiums or deny you a policy
• You might receive a discount on your fines
• You don’t have to go to court. 

Other Options for Your Traffic Ticket

Choosing not to attend traffic school leaves you with two other options.

The first one is admitting to the charges, paying the fine, and moving on with your life. Sounds easy, right? Except it’s not that straightforward. Paying the fine is an admission of guilt, which will go on your drivers record and accumulate traffic points.

Alternatively, you can choose to fight the ticket charges by pleading “Not Guilty” in court. Here, you’ll need sufficient evidence for a dismissal, lest you still pay the set fines and resulting court fees. Your attorney will advise you whether this is the best option and come up with a defense strategy for your charges as well. 

Consult a Traffic Ticket Lawyer

A traffic ticket can not only result in hefty fines, but also the suspension of your drivers license and high auto insurance premiums. Fortunately, there are various approaches you can take to minimize your charges or even dismiss the ticket altogether, including attending traffic school.

Speak with a traffic ticket lawyer from Hersem Law to ensure that you’re going with the most favorable option on the table. Call 813-251-7291 or complete the contact form below for a free strategy session.