Can a Judge Dismiss a DUI Case in Florida?
The law in Florida, Florida State Statute 316.193, states that Driving Under the Influence (DUI) charges will remain on record for 75 years. As the legal driving limit in Florida is 16 years old, this means that a DUI charge will likely remain on most people’s records for the rest of their lives. It is for this reason that so many people are so desperate to have their charges dismissed to avoid the life-long consequences.
The law in Florida means that people who face DUI charges will likely face the following consequences:
- License suspension.
- Fines.
- Jail time.
- Loss of employment.
- Difficulty finding employment in the future.
- Barred from entering some countries.
Unfortunately, it is incredibly rare for judges to dismiss DUI charges. You may be concerned that it is rare for judges to dismiss DUI cases; however, with the help of an attorney, you may be able to minimize the consequences you will face. This is because an attorney may be able to get your charge reduced to a reckless driving charge instead.
If you have been caught driving under the influence and have been charged, the best chance you have of getting the charges dropped is by hiring an experienced DUI attorney.
The Law Place law firm in Florida has a wealth of experience in handling DUI cases. We will work as hard as we can to try and help you get your charges reduced as we understand how life-changing the consequences of DUI charges can be. If you or someone you know has been charged, it is important to get in contact with us as soon as possible as the quicker you react to the charge, the greater the chance of getting the charge dropped or reduced.
Contact us today for a free consultation. Our phone lines are available 24 hours a day, seven days a week. You can call us at (941) 444-4444.
Can a Judge Dismiss a DUI Case in Florida? Understanding the Percentage of Cases Dismissed
Although it is rare for DUI charges stemming from a DUI arrest to be dismissed by judges, it does sometimes happen. More commonly, however, a person facing a DUI charge will likely have their case reduced to reckless driving, for example. This reduction can be hugely beneficial as the consequences of a lesser charge, such as reckless driving, are favorable compared to DUI. Avoiding a DUI conviction is crucial as it prevents having such a conviction on one’s record, which can have significant long-term implications. The law in Florida means that a DUI case can remain on a person’s record for life, consequently having life-long implications.
In Florida, on average, around 30-40% of all driving under the influence cases get reduced to a lesser charge, such as reckless driving.
In almost all of those cases where a charge has been dismissed or reduced, a reputable, skilled defense attorney played a massive role. Therefore, if you or someone you know are facing DUI charges, seeking the help of an experienced attorney is incredibly important. The Law Place has experience working on DUI cases, so you can be assured that your case will be in some of the most qualified and skilled legal hands in Florida. Don’t hesitate to contact us today for a free consultation.
What Does It Mean When a DUI Case Is Dismissed Due to Failed Sobriety Tests?
If you are lucky enough to have your case dismissed, unfortunately, you will not completely escape all of the implications of the charge on your criminal record. This is because your arrest by a police officer will still show up when criminal background checks are completed. You may also be forced to disclose your arrest in certain situations in the future, such as in employment applications. Therefore, despite your case getting dismissed, your arrest will likely still have drastic consequences for your job prospects, affecting not just employment but also educational opportunities, housing options, and potentially your immigration status.
Employment background screening is common across all of the United States. In fact, 92% of all employers today will run background checks on their employees and applicants. The chances of you applying for a job and not having a background check completed is very slim. This, therefore, means that if you have been arrested by a police officer, regardless of whether your case has been dismissed or not, your arrest will remain on your record and could impact your future job prospects. You should consider expunging any DUI that was completely dismissed to mitigate the long-term effects on your criminal record.
If you have any further questions concerning what having a dropped case will mean for you, contact The Law Place today, and one of our lawyers will be able to give you all of the help and advice you may be seeking.
We’re here to serve you. Our phones are open 24 hours a day. How Does a DUI Lawyer Help You Beat a DUI Case?
Beating a DUI case involves a combination of legal knowledge, strategic defense, and understanding the specifics of your situation. Here are some strategies that might be employed, but remember, every case is unique:
- Challenge the Traffic Stop – The initial step is to examine whether the traffic stop itself was lawful. Law enforcement must have a valid reason, such as probable cause or a visible traffic violation, to stop your vehicle. If the stop was unjustified, evidence gathered during the stop might be inadmissible in court.
- Question the Field Sobriety, Breathalyzer, and Blood Tests – The accuracy and administration of field sobriety, breathalyzer, and blood tests can be contested. Factors such as improper calibration of equipment, the officer’s training, or your physical condition can affect the results and may lead to them being excluded from evidence. Challenging the validity of sobriety tests is crucial, as errors in administering or interpreting these tests, along with factors like medical conditions or medication, can significantly impact their reliability.
- Examine the Chain of Custody and Handling of Blood Samples – If a blood sample was taken, the procedure for its collection, storage, and analysis must meet strict standards. Any deviation could compromise the sample’s integrity, making it a point of contention in your defense.
- Look for Violations of Your Rights – If there were any violations of your constitutional rights during the arrest or investigation, such as failing to read your Miranda rights or unlawful interrogation, these could be grounds for dismissing evidence or even the entire case.
- Negotiate for Lesser Charges or Alternative Sentencing – Depending on the circumstances, it might be possible to negotiate with the prosecution for reduced charges or alternative sentencing options, such as a diversion program, especially if it’s a first-time offense.
- Challenge the Sufficiency of the Prosecution’s Evidence – A key defense strategy involves arguing that there is insufficient evidence to prove guilt beyond a reasonable doubt. By highlighting inconsistencies, unreliable witnesses, procedural errors, and questioning the credibility and accuracy of the evidence, a defense attorney can cast reasonable doubt on the prosecution’s case, potentially leading to dismissal.
However, navigating a DUI case can be complex and challenging. It requires a thorough understanding of the law, a strategic approach to defense, and meticulous attention to detail. That’s where The Law Place comes in. Our team is committed to providing robust legal representation for those facing DUI charges. We delve into the specifics of your case, employing a comprehensive approach to challenge the charges against you and seeking the best possible outcome.
Don’t face a DUI case alone. Contact The Law Place today for a free consultation. Let us take the burden off your shoulders and fight for your rights and freedom.
We’re Florida’s top litigation team with over 75 years of combined experience What Do You Say to a Judge in a DUI Case?
If your charge ends up in court, we advise that you seek legal representation in the form of a skilled attorney to represent you and do the speaking on your behalf. It can be incredibly easy in court to say the wrong thing, and anything you do say can be held against you. A defense attorney will use an array of tactics to fight your charges on your behalf. A DUI lawyer helps clients navigate the complexities of DUI cases and can effectively communicate with the judge on your behalf.
Rule 3.171 of the Florida Rules of Criminal Procedure means that Florida is one of the states in the country that allows plea-bargaining in court. These tactics are highly likely to be used to defend you in court by your attorney.
Plea-bargaining involves the defendant agreeing to their charges in exchange for a removal of or lesser penalties and punishments. Your defense attorney will suggest what they believe the best course of action should be. However, it is up to judges whether they decide to listen to the plea or not.
Your defense attorney may also try and get your charge of DUI reduced to reckless driving. The act of reckless driving is a crime in every state of the country and involves a person driving a vehicle in a way that can cause danger to other people. A reduction in charge can be hugely beneficial as it would mean that you wouldn’t have to face such harsh punishments. The consequences of a reckless driving charge are far less severe than those of a DUI.
From the initial call to updates on your case status, we are here to get you answers. Frequently Asked Questions: Can a Judge Dismiss a DUI Case in Florida?
What is a DUI case?
A DUI case involves charges of driving under the influence, typically referring to the consumption of alcohol or drugs impairing one’s ability to operate a vehicle safely.
Can a judge dismiss a DUI case in Florida?
Yes, under certain circumstances, a judge may dismiss a DUI case in Florida. However, this decision depends on various factors, including the evidence presented, procedural issues, and legal arguments made by the defense.
What factors might lead to a DUI case being dismissed?
Several factors could contribute to the dismissal of a DUI case, such as lack of probable cause for the traffic stop, procedural errors by law enforcement, violations of the defendant’s constitutional rights, insufficient evidence, or successful legal challenges to the validity of the breathalyzer or blood tests.
What role does legal representation play in getting a DUI case dismissed?
Having skilled legal representation is crucial in pursuing the dismissal of a DUI case. A knowledgeable DUI attorney can assess the details of the case, identify potential weaknesses in the prosecution’s evidence, and develop a strong defense strategy aimed at securing a favorable outcome, including dismissal.
Can charges be dismissed if proper procedures were not followed during the traffic stop?
Yes, if law enforcement officers fail to follow proper procedures during the traffic stop or arrest, it could lead to grounds for dismissal of the DUI charges. This may include violations of the defendant’s constitutional rights, such as unlawful search and seizure or failure to provide Miranda warnings.
What is the significance of reasonable suspicion and probable cause in a DUI case?
Reasonable suspicion is required for a law enforcement officer to initiate a traffic stop, while probable cause is necessary for an arrest. If either of these legal standards is not met, it could result in the dismissal of the DUI case.
Can a DUI case be dismissed if the breathalyzer or blood test results are deemed inadmissible?
Yes, if the breathalyzer or blood test results are deemed inadmissible due to issues such as improper calibration, chain of custody errors, or violations of testing protocols, it could weaken the prosecution’s case and potentially lead to dismissal.
Are there alternatives to dismissal, such as plea bargaining or diversion programs?
In some cases, alternatives to dismissal, such as plea bargaining or participation in diversion programs, may be pursued. These options can result in reduced charges, lighter penalties, or the opportunity to avoid a conviction by completing specified requirements.
How important is it to seek legal representation for a DUI case?
Seeking legal representation from an experienced DUI attorney is crucial for navigating the complexities of the legal system, understanding one’s rights, and building a strong defense. A skilled attorney can provide guidance, advocacy, and support throughout the DUI case process.
What should I do if facing DUI charges in Florida?
If facing DUI charges in Florida, it is essential to consult with a qualified DUI attorney as soon as possible. They can evaluate your case, explain your legal options, and work diligently to protect your rights and pursue the best possible outcome, which may include seeking dismissal of the charges.
The Law Place
A defense lawyer can help you out in a variety of ways if you have been arrested. Contact The Law Place today for a free consultation, and one of our experienced lawyers will be able to give you honest and unbiased advice concerning what your best legal options are. We strive to achieve the best outcomes possible for our clients so you can be assured that you will have the best chance of fighting your charge with one of our lawyers.
Our phone lines are available 24 hours a day, seven days a week to listen to your call. If you or someone you know has been charged with DUI, don’t hesitate to contact us today. Call us at (941) 444-4444.
