Have you been charged with driving under the influence of alcohol or controlled substance or a criminal driving offence? Then you need an aggressive criminal defense lawyer on your case to provide you with the strong defense you need.
There are many time limitations that can greatly impact your criminal case and your license when you are charged with the crime of driving under the influence of alcohol or drugs. You only have 10 days from the day of your arrest for driving under the influence to challenge the suspension of your driver’s license. If you do not challenge the suspension of your driver’s license within that 10 day period you will lose your privilege to driver automatically for 1 year or more!
Even a simple case can turn out to be a nightmare if it is not handed by an experienced criminal defense attorney. We are a firm of highly experienced criminal defense lawyers operating in Miami, Florida who know how important your license and your right to drive are. Do not let your hesitation to speak to a criminal defense lawyer result in the unnecessary suspension of your driver’s license.
Typical driving related offences are boating or driving under the influence of alcohol or drugs/controlled substance, felony DUI, DUI with damage, DUI with serious injury, DUI manslaughter, driving with suspended driver’s license, felony driving with suspended driver’s license, leaving scene accident, leaving scene with injuries, no valid driver’s license, racing on highway, reckless driving, and staged accident.
Please find these crimes of driving under the influence and criminal driving offenses briefly described below. If you have any further questions regarding a case involving driving under the influence of alcohol or drugs or a criminal driving offense that you or a loved one may be charged with, do not hesitate to contact our office at (305) 672-8434 or 1-888-50 DEFENSE today for a free initial consultation.
Boating Under Influence
Boating under the influence of alcoholic beverages, chemical substances or controlled substances or any intakes that affect a person's normal faculties and leave them impaired, is an unlawful activity. A person having a blood-alcohol level of 0.08 or more grams of alcohol per hundred milliliters of blood or a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath can be charged with the crime of boating under influence.
Driving Under Influence
Driving under the influence not only endangers the driver's and the other occupants' lives, it also endangers the likes of others on the road. Driving under the influence of alcohol or any other substance that can impede faculties and body functions is an offence under the US Laws. A person can be charged with the crime of driving under influence if he or she has a blood-alcohol level of 0.08 or more grams alcohol per hundred milliliters of blood or he or she has a breath-alcohol level of 0.08 or more grams of alcohol per 210 liters of breath.
Felony DUI
If a person is charged with driving under influence -- DUI -- three times within 10 years of prior conviction, commits a felony of the third degree. Felony DUI also means if a person is convicted of a fourth or subsequent violation of this section, regardless of a prior conviction commits a felony of the third degree.
DUI w/ Damage
When a person drives under influence and during this course causes damage to a property or person or becomes the cause of such damage he or she commits a misdemeanor of the first degree.
DUI w/ Serious Injury
A person commits a felony of third degree if he or she seriously injures or becomes the cause of a serious injury to a person by driving under influence.
DUI Manslaughter
While driving under influence if a person causes the death of any human being or an unborn child he or she is convicted of DUI manslaughter, which is a felony of the second degree.
Driving w/ Suspended DL
If a person drives any motor vehicle upon the highway while his or her driver's license or driving privilege has been cancelled, suspended, or revoked by the legal authorities and he or she is aware of the circumstance he or she gets a conviction for a misdemeanor of the second degree if he or she is convicted for the first time.
Felony Driving w/Suspended
A third or subsequent conviction becomes a felony of the third degree when a person drives upon the highway fully aware that his or her driver's license or driving privilege has been cancelled, suspended, or revoked by the law and he or she is fully aware of the cancellation, suspension, or revoking.
Leaving Scene Accident
Statutory reporting requirements make it mandatory that the driver of any vehicle involved in an accident resulting in the damage to a vehicle or some other property should not leave the scene of the accident. The driver of a vehicle commits a misdemeanor of the second degree by doing so. He or she should make sure that the vehicle involved in the accident should remain at the scene of the accident.
Leaving Scene w/ Injuries
Any person who willfully leaves the scene of the accident in which someone has been injured and his or her vehicle is involved commits a felony of the third degree.
Leaving Scene w/ Death It is a felony of the first degree to willfully leave the scene of the accident where someone has died due to the accident and his or her vehicle is involved. The person should remain at the scene of the accident to fulfill the requirements of statutory reporting.
No Valid DL
It is illegal for a person to drive any motor vehicle upon a highway if he or she possesses no valid driving license (DL).
Racing on Highway
A highway, a roadway, or a parking lot is not a place to organize any kind of race, speed competition, contest, drag race, acceleration contest, test of physical endurance, or exhibition of speed or exploration for the purpose of making a speed record, using a motor vehicle like a car, a truck, or a motorcycle. People indulging in such activities commit a misdemeanor of the first degree. Racing on highway is the crime that also involves any kind of participation, coordination, facilitation or collection of money at the site of the racing event. Knowingly riding as a passenger during such a contest is also punishable under law. One is getting involved in the misdemeanor of racing on highway even if he or she obstructs or slows or stops general traffic for the purpose of organizing the racing contest of any sort.
Reckless Driving
Reckless driving is extremely dangerous both to the occupants of the vehicle and other people on the road. People indulging in such an activity are guilty of reckless driving.
Reckless Driving w/Injury
Reckless driving without any regard to the safety of other people that result in a serious injury to another person is a felony of the third degree.
Staged Accident
The conviction for organizing a staged accident can fetch a minimum sentence of two years. If a person knowingly organizes, plans, or knowingly participates in a staged accident involving a motor vehicle, or if he or she produces and presents false documentation and proof of an accident to claim personal injury protection benefits he or she commits a felony of the second degree.
Miscellaneous Crimes
Animal Cruelty
A person who unnecessarily overloads, overdrives, torments, deprives of necessary sustenance or shelter, or unnecessarily mutilates, or kills any animal, or causes the same to be done, or carries in or upon any vehicle, or otherwise, any animal in a cruel or inhumane manner, is guilty of a misdemeanor of the first degree.
Criminal Mischief
A person commits the offense of criminal mischief if he or she willfully and maliciously injures or damages by any means any real or personal property belonging to another, including, but not limited to, the placement of graffiti thereon or other acts of vandalism thereto.
Discharging Firearm
Any person who knowingly discharges a firearm in any public place or on the right-of-way of any paved public road, highway, or street or whosoever knowingly discharges any firearm over the right-of-way of any paved public road, highway, or street or over any occupied premises is guilty of a misdemeanor of the first degree. This does not apply to a person lawfully defending life or property or performing official duties requiring the discharge of a firearm or to a person discharging a firearm on public roads or properties expressly approved for hunting by the Fish and Wildlife Conservation.
Disorderly Intoxication
No person in the state shall be intoxicated and endanger the safety of another person or property, and no person in the state shall be intoxicated or drink any alcoholic beverage in a public place or in or upon any public conveyance and cause a public disturbance.
Exhibition of Firearm
If any person having or carrying any dirk, sword, sword cane, firearm, electric weapon or device, or other weapon shall, in the presence of one or more persons, exhibit the same in a rude, careless, angry, or threatening manner, not in necessary self-defense, the person so offending shall be guilty of a misdemeanor of the first degree.
Gambling
Whoever plays or engages in any game at cards, keno, roulette, faro or other game of chance, at any place, by any device whatever, for money or other thing of value, shall be guilty of a misdemeanor of the second degree.
Gambling Houses
Whoever by herself or himself, her or his servant, clerk or agent, or in any other manner has, keeps, exercises or maintains a gaming table or room, or gaming implements or apparatus, or house, booth, tent, shelter or other place for the purpose of gaming or gambling or in any place of which she or he may directly or indirectly have charge, control or management, either exclusively or with others, procures, suffers or permits any person to play for money or other valuable thing at any game whatever, whether heretofore prohibited or not, shall be guilty of a felony of the third degree.
Loitering/Prowling
It is unlawful for any person to loiter or prowl in a place, at a time or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
Open House Party
No person having control of any residence shall allow an open house party to take place at said residence if any alcoholic beverage or drug is possessed or consumed at said residence by any minor where the person knows that an alcoholic beverage or drug is in the possession of or being consumed by a minor at said residence and where the person fails to take reasonable steps to prevent the possession or consumption of the alcoholic beverage or drug. Any person who violates any of the provisions of subsection (2) commits a misdemeanor of the second degree.
Possess Burglary Tools
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree.
Resisting w/out Violence
Whoever shall resist, obstruct, or oppose any officer or other person legally authorized to execute process in the execution of legal process or in the lawful execution of any legal duty, without offering or doing violence to the person of the officer, shall be guilty of a misdemeanor of the first degree.
Trespass
Whoever, without being authorized, licensed, or invited, willfully enters or remains in any structure or conveyance, or, having been authorized, licensed, or invited, is warned by the owner or lessee of the premises, or by a person authorized by the owner or lessee, to depart and refuses to do so, commits the offense of trespass in a structure or conveyance.
Unlawful Assemblies
If three or more persons meet together to commit a breach of the peace, or to do any other unlawful act, each of them shall be guilty of a misdemeanor of the second degree.
Threats to Kill
If any person writes or composes and also sends or procures the sending of any letter or inscribed communication, so written or composed, whether such letter or communication be signed or anonymous, to any person, containing a threat to kill or to do bodily injury to the person to whom such letter or communication is sent, or a threat to kill or do bodily injury to any member of the family of the person to whom such letter or communication is sent, the person so writing or composing and so sending or procuring the sending of such letter or communication, shall be guilty of a felony of the second degree.
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