Traffic & DUI

Traffic

Like many drivers, you may be uncertain of your rights when you receive a traffic ticket. Like most drivers, you may simply pay your traffic tickets, without knowing that you are receiving points on your driver's license that carry long-term consequences, including: 

- Increased insurance rates
- Loss of driving privileges
- Suspension of driver's license for habitual traffic offenders  

If you have received a traffic ticket in South Florida, you need experienced legal counsel to protect your rights. At Kaba Law Group, P.L.L.C. our traffic ticket defense attorneys represent individuals who have received traffic citations anywhere in South Florida. Contact us to discuss your case. 

At Kaba Law Group, P.L.L.C. we work to prevent driver’s license suspension, to mitigate any additional points on your record, and to protect your driving privileges. Our defense attorneys represent local residents, over-the-road truck drivers and tourists who have received traffic tickets for: 

·          Speeding / racing / reckless driving
·          Driving too fast for conditions
·          Driving on a suspended or revoked license
·          Driving without a driver's license or a CDL license
·          Drunk driving / DUI charges
·          Improper or excessive lane changing
·          Careless driving
·          Stop sign violations
·          Failure to obey traffic control device
·          Causing an accident  

What Can a Traffic Ticket Attorney Do For You? I

f you get a traffic ticket, a defense attorney can appear for you at a hearing, challenge the law enforcement officer to prove the infraction beyond a reasonable doubt, and minimize the damage to your driving record by requesting that no points be assessed by the court. As your traffic ticket attorneys, we may be able to get the court to allow you to take a driving school option when you are ineligible by statute, either due to a recent driving school election or because the maximum school allowance has been surpassed. 

Our traffic ticket attorneys handle any traffic violation, including those related to a DUI offense. If you have received a traffic citation in South Florida, our traffic ticket attorneys can represent your interests in a Florida court of law.

DMV Administrative Review

 

 

 

 

Review Hearings For Administrative Suspensions And Disqualifications
Sections s. 322.2615 and s. 322.64, F.S., authorize the Department of Highway Safety and Motor Vehicles upon the request of the driver to conduct formal and informal reviews for the purpose of sustaining, amending or invalidating administrative suspensions and disqualifications. The decisions of the department shall not be considered in any trial for a violation of s. 316.193, F.S., nor shall any written statement submitted by a person in his request for review be admissible into evidence against him in any such trial. The disposition of any related criminal proceedings shall not affect a suspension/disqualification.

Business or Employment Reinstatement:

Suspension for Driving With an Unlawful Alcohol Level of .08 or above or Refusal: Must show proof of enrollment in DUI school and apply for an administrative hearing for possible hardship reinstatement. For unlawful alcohol level must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement. For first refusal must serve 90 days without driver license or permit prior to eligibility for hardship reinstatement. No hardship reinstatement for two or more refusals.

Suspension - Persons Under Age of 21 Driving With a Breath Alcohol Level of .02 or above: Must complete a Traffic Law and Substance Abuse Education course before hardship reinstatement. .05 or higher, must complete DUI program prior to eligibility for hardship reinstatement. Must serve 30 days without driver license or permit prior to eligibility for hardship reinstatement.

Hardship License Prohibited:

Florida law prohibits any hardship reinstatement upon 2nd or subsequent suspension for test refusal or if driver has been convicted of (DUI) section 316.193, F.S., two or more times.

Persons disqualified from operating a commercial motor vehicle cannot obtain a hardship license to operate a commercial motor vehicle.

DUI Defense Attorney

 

 

 

 

DO YOU NEED A DUI DEFENSE ATTORNEY?

We understand that a DUI arrest is a frightening experience that can have a significant impact on your life. A DUI arrest usually occurs when a person least expects it and is unsure of how to deal with it.

Our law office has extensive experience helping those arrested for DUI to get through the extremely difficult time.

Most people do not know that it is not illegal in the state of Florida to drink and drive. It is illegal however to drive while your normal faculties are impaired by the influence of alcohol or drugs.


Call our office today so we may discuss the difference and help you understand the process that you have now been thrust into.

We will meticulously investigate your case and consider all possible defenses and arguments that can be made to effectively defend you at this difficult time.

However, you must act fast because unless we file an objection with the Department of Motor Vehicles on your behalf within 10 days of your arrest, your license can be suspended for a period of 6 months-one (1) year for a first offense.


It is important to understand that when a DUI arrest occurs, two separate, but important legal proceedings take place.

- First, is the criminal case that is prosecuted by the State Attorneys Office.

- The second legal proceeding is the “Administrative Review Hearing” in which the Department of Highway Safety and Motor Vehicles attempt to administratively suspend your license while the DUI case is pending.

Under Florida law, DUI can be proven in one of two ways:
 
(1) proof that an individual’s normal faculties are impaired; and/or
(2) proof that an individual’s blood alcohol or breath alcohol level was .08 or above.

The penalties upon conviction are the same, regardless of the manner in which the offense is proven.

If you plead guilty or no contest to your first DUI charge, the minimum penalties can include an additional 6 month driver's license suspension, a DUI criminal conviction and various court costs and fines.

Conclusion

Florida’s DUI / Drunk Driving Laws are complex. It is important to retain competent, knowledgeable and aggressive attorneys to represent you throughout the criminal and administrative process.

The law office of Kaba Law Group, P.L.L.C., understand the process and the impact it can have on you life. If you have been accused of DUI, or if you know someone who has been accused of DUI, do not delay in contacting Kaba Law Group, P.L.L.C. for a free consultation!

DUI Penalties & Suspensions

 

 

 

 

Source: Statutes of Florida

Fine Schedule s. 316.193(2)(a)-(b), F.S.

First Conviction: Not less than $250, or more than $500. With Blood/Breath Alcohol Level (BAL) of .20 or higher or minor in the vehicle: Not less than $500, or more than $1,000.

Second Conviction: Not less than $500, or more than $1,000. With BAL of .20 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.

Third Conviction More than 10 years: Not less than $1,000, or more than $2,500. With BAL of .20 or higher or minor in the vehicle: Not less than $2,000.

Third Conviction Within 10 years: Not more than $5,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Fourth or Subsequent Conviction: Not less than $1,000. With BAL of .20 or higher or minor in the vehicle. Not less than $2,000.

Imprisonment- s. 316.193 (2)(a) 2, 4(b), (6)(j), F.S.

At court's discretion, sentencing terms may be served in a residential alcoholism or drug abuse treatment program, credited toward term of imprisonment.

First Conviction: Not more than 6 months. With BAL of .20 or higher or minor in the vehicle: Not more than 9 months.

Second Conviction: Not more than 9 months. With BAL of .20 or higher or minor in the vehicle: Not more than 12 months. If second conviction within 5 years, mandatory imprisonment of at least 10 days. At least 48 hours of confinement must be consecutive.

Third Conviction: If third conviction within 10 years, mandatory imprisonment of at least 30 days. At least 48 hours of confinement must be consecutive. If third conviction more than 10 years, imprisonment for not more than 12 months.

Fourth or Subsequent Conviction: Not more than 5 years or as provided in s.775.084, Florida Statutes, as habitual/violent offender.

Impoundment of Immobilization of Vehicle - s. 316.193 (6), F.S.

Unless the family of the defendant has no other transportation: First conviction = 10 days; second conviction within 5 years = 30 days; third conviction within 10 years = 90 days. Impoundment or immobilization must not occur concurrently with incarceration. The court may dismiss the order of impoundment of any vehicles that are owned by the defendant if they are operated solely by the employees of the defendant or any business owned by the defendant.

DUI Misdemeanor Conviction: (Accident Involving Property Damage or Personal Injury)-s. 316.193 (3), F.S.

Any person who causes property damage or personal injury to another while driving under the influence is guilty of a First Degree Misdemeanor (not more than $1,000 fine or 1-year imprisonment).

DUI Felony Conviction: (Repeat Offenders or Accidents Involving Serious Bodily Injury)-s. 316.193 (2),(3) F.S.

Any person convicted of a third DUI within 10 years or a fourth or subsequent DUI commits a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment).

Any person who causes serious bodily injury while driving under the influence is guilty of a Third Degree Felony (not more than $5,000 fine and/or 5 years imprisonment) or if habitual/violent felony offender as provided in s. 775.084, F.S.

Manslaughter and Vehicular Homicide-s. 316.193 (3), F.S.

DUI/Manslaughter: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

DUI Manslaughter/Leaving the Scene: A driver convicted of DUI Manslaughter who knew/should have known accident occurred; and failed to give information or render aid is guilty of a First Degree Felony (not more than $10,000 fine and/or 30 years imprisonment).

Vehicular Homicide: Second Degree Felony (not more than $10,000 fine and/or 15 years imprisonment).

Vehicular Homicide/Leaving the Scene: A driver convicted of vehicular homicide who left the scene of an accident is guilty of a First Degree Felony (nor more than $10,000 fine and/or 30 years imprisonment).


Driver License Revocation Periods for DUI-s. 322.271, F.S. and s. 322.28,F.S.

A. First Conviction: Minimum 180 days revocation, maximum 1 year.

B. Second Conviction Within 5 Years: Minimum 5 years revocation. May be eligible for hardship reinstatement after 1 year. Other 2nd offenders same as "A" above.

C. Third Conviction Within 10 Years: Minimum 10 years revocation. May be eligible for hardship reinstatement after 2 years. Other 3rd offenders same as "A" above; one conviction more than 10 years prior and one within 5 years, same as "B" above.

D. Fourth Conviction, Regardless of When Prior Convictions Occurred) and Murder with Motor Vehicle: Mandatory permanent revocation. No hardship reinstatement.

E. DUI Manslaughter: Mandatory permanent revocation. If no prior DUI related convictions, may be eligible for hardship reinstatement after 5 years.

F. Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: Minimum 3-year revocation. DUI Serious Bodily Injury having prior DUI conviction is same as "B-D" above.


Business Purposes Only/Employment Purposes Only Reinstatements(Hardship License)-s. 322.271, F.S. and s. 322.28, F.S.

First Conviction: Must complete DUI school, apply to department for hearing for possible hardship reinstatement. Mandatory ignition interlock device for up to six months for BAL of .20 or higher, or for two years if BAL is greater than .20.

Second Convictions (or more): No hardship license except as provided below. Mandatory ignition interlock device for one year, effective 07/03.

Second Conviction Within 5 Years: (5-Year Revocation) May apply for hardship reinstatement hearing after one year. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for one year or for two years if BAL is greater than .20.

Third Conviction Within 10 Years: (10-Year Revocation) May apply for hardship reinstatement hearing after two years. Must complete DUI school and remain in the DUI supervision program for the remainder of the revocation period (failure to report for counseling or treatment shall result in the cancellation of the hardship license). Applicant may not have consumed any alcoholic beverage or controlled substance or driven a motor vehicle for 12 months prior to reinstatement. Mandatory ignition interlock device for two years.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): May be eligible for hardship reinstatement after 5 years have expired from date of revocation or expired from date of term of incarceration provided the following requirements have been met:

Has not been arrested for a drug-related offense for at least 5 years prior to the hearing;
Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
Has been alcohol and drug-free for at least 5 years prior to the hearing; and
Must complete a DUI school and must be supervised under the DUI program for the remainder of the revocation period (failure to report for counseling or treatment shall result in cancellation of the hardship license).
Ignition interlock device required for two years.
Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide Convictions: (3 Year Revocation): May immediately apply for hardship reinstatement hearing. Must complete DUI school or advanced driver improvement course.

DUI School Requirements - s. 316.193 F.S., s. 322.271, F.S., s. 322.291, F.S.

First Conviction: Must complete DUI school before hardship reinstatement. Customers who wait out revocation period before reinstatement need only show proof of enrollment or completion to become re-licensed. If customer enrolls and is reinstated after revocation period expires, failure to complete the DUI school within 90 days after reinstatement will result in license cancellation; the driver cannot then be re-licensed until DUI school is completed.

Second Conviction in 5 Years (5-Year Revocation) or Third Conviction in 10 Years (10-Year Revocation): Customer must complete DUI school following conviction. See requirements in 13C and 13D respectively.

DUI Manslaughter With No Prior DUI Related Conviction: (Permanent Revocation): Must complete DUI school before hardship reinstatement.

Manslaughter, DUI Serious Bodily Injury, or Vehicular Homicide: (Minimum 3 year Revocation): See 13F

Customers Who Wait Until Revocation Period Expires: Must enroll in DUI school and pass the driver license examinations to be re-licensed. Failure to complete the school within 90 days after such reinstatement will result in cancellation of the license until the school is completed.

Reckless Driving: If the court has reasonable cause to believe that the use of alcohol, chemical or controlled substances contributed to a violation of reckless driving, the person convicted of reckless driving must complete DUI school if ordered by the court.

Treatment: Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation by a court appointed agency with access to the original evaluation.

Administrative Suspension Law - s. 322.2615, F.S., s. 316.193, F.S., s. 316.1932, F.S.

First Suspension for Driving With an Unlawful Alcohol Level (.08 or above): 6 months.

Second or Subsequent Suspensions for Driving With an Unlawful Alcohol Level (.08 or above): 1 year.

First Suspension for Refusal to Submit to Breath, Urine or Blood Test: 1 year.

Second or Subsequent Suspensions for Refusal: 18 months.

The suspension is effective immediately The officer will issue the driver a temporary permit valid for 10 days from the date of arrest, provided the driver is otherwise elegible.

Traffic & DUI Defense

 

 

 


Driving Under the Influence is considered a serious criminal offense in the State of Florida. Most of us rely on the ability to drive to do many of our everyday things, such as getting to work or school, buying groceries, doctor’s appointments, and transporting family members to after school events. Being arrested for D.U.I. can result in the loss of your privilege to drive, large fines, and the possibility of jail or prison. If you or someone you know has been arrested for D.U.I., the Law Office of Kaba Law Group, P.L.L.C., can help. Driving Under the Influence is considered a serious criminal offense in the State of Florida. Most of us rely on the ability to drive to do many of our everyday things, such as getting to work or school, buying groceries, doctor’s appointments, and transporting family members to after school events. Being arrested for D.U.I. can result in the loss of your privilege to drive, large fines, and the possibility of jail or prison. If you or someone you know has been arrested for D.U.I., the Law Office of Kaba Law Group, P.L.L.C., can help.

Contact us to schedule a free consultation, where we will evaluate your case by discussing the facts and circumstances surrounding your arrest, explain to you what your options are, and outline the possible defenses that may be available to help win your case. What constitutes driving under the influence? Driving under the influence (DUI) means operating, or being in actual physical control of a motor vehicle after having consumed alcohol or drugs that have impaired an individual's mental or motor skills.

In the State of Florida, a person will be considered "impaired" if they exhibit objective signs of intoxication, or if they have a blood alcohol content of .08 or higher. When may a police officer stop a driver for being under the influence? A police officer may stop a vehicle for a violation of any of the many traffic laws in the State. The most common types of traffic violations that give rise to an officer’s belief that a driver may be impaired are weaving from lane to lane, failure to maintain a single lane, straddling the lane dividers, driving at excessive or very slow speeds, braking erratically, coming in close contact with objects or other vehicles, or causing an accident.

How does a police officer determine whether a driver is impaired? Upon making contact with the driver, the officer will look for what is considered to be “tell-tale” signs of impairment – an odor of an alcoholic beverage coming from the driver; red and/or watery eyes; slurred speech; the inability of the driver to readily produce his driver’s license, registration and proof of insurance. If the officer notices any of these “tell-tale” signs, the officer will next request the driver to step out of the vehicle and perform a series of road side exercises, commonly referred to as field sobriety tests, which are designed to test a driver's balance and motor skills. These exercises may include walking heel-to-toe in a straight line; touching your finger to your nose; standing on one leg; or reciting the alphabet.

The officer will consider the driver’s ability to perform the requested exercises in determining whether he believes the driver is impaired. Are these road side exercises mandatory? Road side exercises or field sobriety tests are voluntary – which means that a driver is not required to perform these tests. However, while these tests may be voluntary, the refusal to perform the tests will be taken into consideration by the officer, and will most likely result in the driver being arrested for D.U.I. What happens after being arrested for D.U.I.? Once the driver is placed under arrest, the officer will read the Florida Implied Consent Law. The Florida Implied Consent Law is a law which requires a driver to submit to a chemical test to measure the driver's blood alcohol content (BAC). A driver's BAC is tested by breath, blood, or urine and is measured by the percentage of alcohol in the blood by weight. Does the driver have a right to refuse to submit to a breath, blood or urine test? The driver has an absolute right to refuse to submit to this test. However, refusing the test may have serious consequences.

In Florida, the refusal to submit to testing can be considered a criminal offense in and of itself; and may also result in the driver’s license being suspended. Additionally, the refusal to submit to a breath, blood, or urine test may be introduced as evidence of guilt in the criminal DUI trial. What are the penalties associated with D.U.I.? In Florida, the legislature has established minimum penalties that must be imposed upon a conviction for D.U.I. First time offenders face a minimum of 6 months probation, 6 month driver’s license suspension, $250.00 fine, 50 hours of community service, completion of the Level One D.U.I. course, and the driver’s motor vehicle will be required to be immobilized for a period of 10 days. However, the Judge may impose harsher penalties, including a jail sentence, depending upon the facts of the case. Additionally, if the driver’s impairment caused an accident involving death or serious bodily injury, or if the driver has been previously convicted of D.U.I., the driver may be charged with a felony offense, which may expose the driver to a state prison sentence.

In addition to the criminal penalties, the Department of Motor Vehicles (DMV) may impose administrative sanctions relating to your driver’s license, even before the criminal portion of your case has been resolved. As indicated above, the Florida Implied Consent Law is a law which requires a driver to submit to a chemical test to measure the driver's blood alcohol content.

If you refuse to provide a breath, blood, or urine sample, under Florida Law, your privilege to drive may be suspended for a period of 1 year for a first refusal. Additionally, if you did take the test, but your blood alcohol content (BAC) was above the legal limit of .08, your license can be suspended for a period of 6 months for a first time offender. It is important to realize that these administrative suspensions may be challenged by way of requesting a Formal Review Hearing with the Department of Motor Vehicles within ten days of your arrest. The failure to file for a hearing within that 10 day time period will result in your license automatically being suspended. T

he Law Office of Kaba Law Group, P.L.L.C., can assist you in applying for a Formal Review Hearing; and in most cases, will be able to obtain a temporary driving permit, allowing you to drive until your hearing is resolved. Remember, there are many legal defenses that can be raised in both the Administrative Formal Review Hearing and the Criminal DUI trial; and the penalties for both are very serious. It takes an experienced lawyer to be successful in these administrative hearings and the criminal trial.

The law office of Kaba Law Group, P.L.L.C., has helped hundreds of our clients get this administrative suspension set aside, and get their driving privileges reinstated; and has successfully defended our clients at trial, enabling them to escape the harsh penalties associated with a DUI conviction, as well as the stigma that goes along with being convicted of a DUI. Contact us immediately so we can start taking the steps to file the necessary paperwork for you to have a Formal Review Hearing, and let us help you get back on the road.

Kaba Law Group, P.L.L.C. / 2015

[ Back ]