Category: Uncategorized

If you’ve been pulled over and arrested for driving under the influence in Florida, your drivers license may be in danger. Even a first-time DUI can lead to a license revocation, which means you can lose your driving privileges for months or even years.

You may need a license to keep your job or attend school, and a hardship license can help you do that. But how does a Florida hardship license work? Read on to learn more about your opportunities for a hardship license and how your lawyer can help you protect your future.

When Am I Eligible for a Florida Hardship License?

A Florida hardship license provides residents with a first-time DUI conviction the chance to keep some of their driving privileges. Public transportation isn’t always an option, especially if your job requires some driving. Your hardship license may be offered in cases where you’ve completed your DUI education program, if required.

Your Florida hardship license gives you privileges for:

• Commuting to work
• Driving in the scope of your job duties
• Commuting to school
• Medical visits
• Religious purposes, such as attending church

Some drivers aren’t eligible for a hardship license. You may be unable to seek a hardship license if this is your second or subsequent DUI conviction, or if you’re seeking to reinstate your commercial drivers license (CDL).

Applying for Your Florida Hardship License

Once you’ve completed any programs required after a DUI conviction, you can then apply for a hardship license. Once you gather proof that you completed the right programs, you can then fill out an application for a hardship license. This application will then be sent to the Bureau of Administrative Reviews office in your area.

Once your application has been approved, you may then need to pay any fees to have your license reinstated. This may include an administrative fee and any due license fees.

Fighting to Keep Your License

If you haven’t been convicted, the easiest way to deal with the question of a Florida hardship license may be to avoid losing your license. If you’ve not yet been convicted of driving under the influence, a Florida DUI lawyer may be able to help you get your charges reduced or dismissed.

Your DUI lawyer can gather the evidence and tools you need for a strong defense. While your lawyer can guide you through the process of getting a hardship license, they can also help you avoid criminal charges that can impact your license, your insurance policy, and your future.

Talk to a DUI Lawyer About Your License

When your license is on the line, you may have options to keep your license. Losing your license can put a strain on you, your job, and your freedom. While getting a Florida hardship license can help, you may have a chance to protect your license before it ever comes to that.

Talk to a lawyer at Hersem Law to learn more about hardship licenses and how we can help you fight your drunk driving charges. Give us a call at 813-251-7291 or fill out the online contact form below for a free strategy session.

When you’re accused of a serious crime, facing your arrest warrant head-on can be scary. You could be facing life-changing charges that impact you for years. Because of this, you may have wondered, “Do arrest warrants expire in Florida?”

Waiting on your arrest warrant to expire won’t help your case. If you’re unsure how to approach your arrest warrant, a criminal defense lawyer in Tampa can help. We have tools to help you gather evidence, deal with your warrant, and focus on getting your charges reduced or dismissed.

Time Limits for Arrest Warrants in Florida

When you have an arrest warrant to answer for, you may think about waiting for time to pass and for the warrant to expire. But arrest warrants don’t just expire in Florida. You can be arrested for an outstanding warrant at any time, whether it was issued a week ago or a decade ago.

The time limits for an arrest warrant don’t impact whether you can be arrested. But that doesn’t mean you can’t do anything about your warrant or an arrest.

If you act now and face your warrant head-on, your lawyer in Tampa can help you seek to get your warrant recalled, where possible. If your warrant can’t be recalled, as is the case for most felony charges, your lawyer can help you plan your voluntary surrender before your case goes to trial.

Facing Your Florida Arrest Warrant

Whether you’re facing misdemeanor or felony charges, your arrest warrant won’t just go away on its own—it must be resolved. Luckily, your Florida defense lawyer can help.

When you’re accused of a crime, avoiding arrest and ignoring your warrant may make your situation worse. While the prospect of going to jail may be scary, your criminal defense lawyer can represent you and help you address your warrant.

We can start by helping you learn if your warrant can be recalled and if your case can be resolved without your even appearing in court.

Or, if a recall isn’t possible, we can often arrange a discreet arrest. You don’t have to wait until the police knock on your door—your lawyer can help you with a voluntary surrender, and we can help make processing as quick as possible.

Being proactive about your warrant looks good to the justice system because you’re being cooperative. It could even result in better treatment—and lesser penalties, if you decide to enter a plea.

Answering your warrant now gives you and your lawyer time to prepare a strong defense, too. You may have more time to gather evidence, talk to witnesses, and prepare for your day in court.

Get a Defense Lawyer’s Help with Your Arrest Warrant

If you’ve been accused of breaking the law, you may be tempted to try to avoid your day in court. You may even consider avoiding the warrant, hoping that it will all blow over. Unfortunately, your case may not be that simple, and you may face more penalties for failing to answer your arrest warrant.

Luckily, the lawyers at Hersem Law are here to help. If you’ve been accused of a crime, your criminal defense lawyer can represent you in court and defend your case. We can even offer a free strategy session, where we can discuss your warrant and your best options. To get help facing your arrest warrant, reach out by calling 813-251-7291 or by completing the online contact form below.

When you’ve been pulled over and the police want you to take a test to determine the alcohol content of your breath, urine, or blood, you may have considered refusing. That’s less evidence against you in court, right? Unfortunately, it isn’t so simple. Your choice is impacted by implied consent.

You may not be sure how implied consent law can impact your DUI case. To better understand this, read more below or reach out to a DUI lawyer at Hersem Law.

What Is Implied Consent?

If you have a license, you’ve given implied consent to be tested if the police have probable cause to suspect you’re driving under the influence (DUI) and are arresting you for this offense. But how does implied consent work?

When you get your license, part of your agreement is that you will accept a sobriety test if you’re pulled over and arrested for alleged drunk driving. It’s implied that if you have a drivers license, you consent to the test. However, the arresting officer must read you Florida’s implied consent warning, explaining the possible repercussions of a refusal.

If you take that consent back, your license will be impacted. It doesn’t matter if you’re sober or not. If you refuse to provide a sample of your breath, urine, or blood, your license will be suspended for one year if this is the first time you’ve refused. If you’ve been pulled over and refused a sobriety test before, your license will then be suspended for 18 months—plus you could be facing criminal charges for your second refusal.

This doesn’t mean that you should always comply with the officer’s request to submit to testing. It’s important to note that if you submit to a breath test and the results come back above .08, your license will automatically be suspended for a period of six months, if this is your first offense.

Additionally, you will have just given the State more evidence to use against you in court—so sometimes, it is better to refuse to submit and to accept the longer administrative license suspension. It all depends on your unique situation.

Your License Suspension

A license suspension may not sound that serious, especially if you’re going to be in court for your DUI case anyway. Here’s the problem—even if the DUI charges are eventually dismissed by the State, you won’t get your license back until the automatic suspension expires. That’s because you failed to uphold the agreement you made when you got your license.

This is an administrative suspension and is completely separate from the criminal DUI charges you may be facing in court. Now, you have two things to worry about: You may lose your license and even spend some time in jail for driving under the influence.

Here’s the good news—whether you provided a sample or refused to do so, your DUI lawyer can help you fight your license suspension.

You only have ten days after your arrest to challenge the suspension, but, depending on the details of your case, this could mean the difference between driving for the next year or not being able to.

For example, the police officer may have failed to read you the implied consent warning. That violation of due process means any evidence obtained after it may be inadmissible. It may also invalidate the license suspension since your refusal is only punishable if it comes after the reading of the implied consent warning.

What You Can Do to Defend Your Case

You have options to defend your case with a DUI lawyer, even if you fail the sobriety test. Your DUI lawyer can work to defend your case and gather evidence to support you. In some cases, you may not lose your license at all.

When you’re charged with drinking and driving, your lawyer can seek to gather evidence and witnesses that support your version of events. Your DUI lawyer can also represent you in Florida court so you don’t have to worry about taking the wrong steps. You can instead let your lawyer handle the details of your defense.

Talk to a DUI Lawyer in Tampa About Implied Consent

Accused of a DUI? It’s frustrating to learn firsthand how implied consent law can impact your DUI case. Luckily, the lawyers at Hersem Law can help. We have the tools you need to defend your case, starting with a free strategy session with our lawyers. When you’re ready, call 813-251-7291 or fill out the online contact form below.

A traffic ticket can turn into a big ordeal fast. Even if the fine doesn’t seem high, hidden penalties could impact your driving record and your life for years if you don’t fight your Tampa traffic ticket. But do you need a lawyer to fight a Tampa traffic ticket? 

Having a traffic ticket lawyer on your side can affect your claim in major, positive ways. If you’re not sure you need a lawyer, check out the following reasons you may want to call a traffic ticket lawyer from Hersem Law. 

Knowing the Consequences

Many people who have received a Tampa traffic ticket don’t understand just how severe it is. They don’t realize that driving points add up, and if you don’t fight back, your license could be on the line. That impacts your finances and your opportunities to drive in ways that can indirectly impact other parts of your life. 

Your traffic ticket lawyer from Hersem Law can help you understand these potential consequences on the front end. Knowing the stakes can help you act with urgency, and it can help you prepare for any outcome for your case. 

Experience On Your Side

When you’re accused of breaking the law, you may not know where to start on your traffic court case. What evidence do you provide? How do you present your case? That’s not to mention the fact that it’s likely your word against that of a police officer. 

That’s where a Tampa traffic ticket attorney from Hersem Law can help. A lawyer has the experience in the courtroom you don’t have. They can help you file a not-guilty plea, request a hearing, and show you weren’t guilty of breaking the law.

Resources for Your Evidence 

You can’t go to court empty-handed, either. But you may not have the resources you need to prove you weren’t breaking traffic laws. For example, you may believe the radar guns the police used were inaccurate, but how do you prove that in court? 

Your Hersem Law traffic ticket lawyer in Tampa has the tools you need to prove you didn’t break traffic laws. They can check any surveillance videos of the area and take photos of the location where you were stopped, and they may be able to check any equipment used to show you were breaking the law. They can then present this evidence in court to help you get your ticket reduced or dismissed. 

Contact a Tampa Traffic Ticket Lawyer for Help

Fighting a Tampa traffic ticket without the right tools could lead to severe consequences, from points on your license to impacts on your insurance rates. Avoiding those penalties isn’t easy, but your lawyer from Hersem Law can help.

If you’ve been accused of breaking traffic laws in Florida, your Hersem Law traffic ticket lawyer has the tools and experience to step in when you need help. Our firm also offers free strategy sessions, where we can discuss the details of your case before you work with us. To take advantage of this option, call 813-251-7291 or fill out the online contact form below. 

One moment, you’re on the road and a police officer pulls up behind you and turns their blue lights on. You’re tested, arrested, and booked. Now, you’re facing criminal charges. 

You may think that driving under the influence, or a DUI, can be removed from your record. Maybe you can just have your case expunged, but you don’t know how to get a DUI expunged. Worse, what if you can’t get it expunged? 

If you’ve been arrested and preparing for court, your Florida DUI lawyer can help. Continue reading to learn more about DUI expungements in Florida. 

Expungement Laws in Florida

When you’re pulled over for a DUI in Florida, you may be thinking about getting your case expunged. That should remove it from your record and leave you with a clean slate, right? The problem is that if you enter a plea to a DUI charge then your record can’t be expunged. That’s because Florida Law requires every DUI sentence to include an Adjudication of Guilt (also known as a conviction), and the Expungement Statute states that any charge that received an Adjudication of Guilt is no longer eligible to be expunged.

This makes fighting your charge and trying to get it dismissed or reduced all the more important.  Unfortunately, though, many people don’t attempt to defend their Florida DUI case as they should. They instead assume they’ll have a chance to get their case expunged, only to find out that’s not true. 

Worse, a Florida DUI can have lasting effects on your license and your criminal record. For example, you’ll lose your license for months if you’re found guilty of driving under the influence. If you’re eligible for a hardship license, you may have to install an ignition interlock device. This device won’t let you start your car until you’ve passed a sobriety test, which is embarrassing and inconvenient.

Even after you’ve gotten your license back and paid your dues, that conviction is still on your permanent record. Worse, future employers or landlords will see that criminal record on a background check. That could hurt you for years to come.

Avoiding a Tampa DUI Conviction

After being stopped and charged with a DUI in Florida, assuming you’ll have a chance to get those charges expunged isn’t the best idea for your claim. But that doesn’t mean you’re out of options and have to accept the penalties for driving under the influence. You can still get your charges reduced or dismissed in court. And if you are successful in doing so, you may open the door to having your record expunged.

Your DUI lawyer in Tampa can help you build a defense against those charges. For example, you may have been illegally stopped, or your lawyer believes the test was inaccurate. Your DUI lawyer can then represent you in court. They can guide you through your criminal trial, and give you a better chance of dealing with your DUI charges in a positive way. 

Build the Right Defense with a Tampa DUI Lawyer

When you’re accused of a DUI, you may need to focus on defending your case, not on expungement. You may not be eligible for expungement, but Hersem Law can help. If you have questions about getting DUIs expunged and you’re ready for your free strategy session, call 813-251-7291 or complete the online contact form below.