Dui Lawyer

  • Marijuana DUI | Florida Law

    … to obtain a blood test in a DUI case. Florida House Bill 237 | Marijuana DUI Blood Test Florida House Bill 237 was introduced into the Florida House of Representatives by Representative Brandes on January 12, 2017. The purpose of the bill is to amend Florida Statute 316.193 by establishing a quantitative threshold of an active marijuana metabolite…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 23 readers -
  • DUI Manslaughter Defense

    … Analysis of Postmortem Specimens Strict Liability vs Causation Florida had a strict liability DUI manslaughter statute until 1986. All the state needed to prove was that the defendant was driving while impaired, was involved in a car accident and somebody died as a result of the car accident. It did not matter if the defendant was at fault…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 10 readers -
  • Florida Sentencing Guidelines

    … be found in Florida Statute 921.0022. Section 1 is called the primary offense. The primary offense carries the most sentence points out of all charges on the scoresheet. I use a felony DUI in the example below. A fourth(4th) DUI conviction, and all subsequent DUI convictions, are 3rd degree felonies pursuant to Florida Law. Looking at section 1…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 73 readers -
  • DUI License Suspension | Administrative Hearing

    …DHSMV Forms for DUI Administrative Suspension DUI Administrative Hearings If you are arrested for a DUI and either 1) blow > a .08 on the Breathalyzer or 2) refuse a chemical test, your driver’s license will be automatically suspended. The police officer will seize your license and forward it to the DHSMV. Within 10 days, you need to decide…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 50 readers -
  • At Least 177 Unfiled DUI Cases in Broward County

    … year period of time from 1997 to 2011. When you average it out, it amounts to slightly more than 1 DUI per month over that 14 year period of time. To put this into perspective, there were 3,133 arrests in Broward County in April, 2015. Of those 3,133 arrests there were 139 arrests for DUI. So the failure to file DUI charges was not a frequent…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 45 readers -
  • Motion to Suppress Everything for Reasons

    …. Kane County criminal lawyer, Matthew Haiduk, publishes a blog titled “Disorderly Conduct.” Mr. Haiduk mentions his reasoning for filing an omnibus motion to suppress stating “We’d get appointed, not even have police reports, and [the judge would] order that we would have to have any and all defense motions filed within 30 days… even if the trial…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 47 readers -
  • DUI Marijuana | Urinalysis Cross Examination

    … and the proper use of a urine drug test in a DUI case. Unfortunately for the state, none of the indications of cannabis impairment were present in the video. Summary of the Testimony All three witnesses for the state initially, on direct examination, testified that the defendant tested positive for an illegal, psychoactive chemical substance capable…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 60 readers -
  • Drugged Driving Florida 2015 | Prediction No Change

    … Who is Writing the DUI Laws? Drugged driving has rapidly become an issue that has a significant impact on public safety. With 2015 just around the corner I am going to go out on a limb and make my drugged driving predictions for 2015. My Conclusion: At least one poorly drafted, overbroad and unconstitutional bill purportedly drafted to curb…

    Michael Dye/ Fort Lauderdale Criminal Attorney- 39 readers -
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