What Happens When Faced With DUI Manslaughter Charges?
An arrest for driving under the influence of alcohol is one thing. But an accident that causes someone else’s death as a result of drinking and driving is an entirely different and heartbreaking situation. While you never intended to cause the death of another person, the Florida criminal system will treat you harshly as a consequence for driving while intoxicated. Here’s how you can defend yourself against these serious charges with the help of a DUI lawyer.
How Test Results Can Be Struck from the Record
The heaviest evidence against you in a DUI manslaughter case is your BAC results. Field sobriety test results — if performed — are also important. Blood testing is most commonly used in DUI accidents since everyone involved is usually transported to the hospital.
The key in any DUI manslaughter case is to question the validity of the evidence and whether the results are accurate beyond a doubt. If an officer gave you a breathalyzer test but did not calibrate the equipment properly, the test could be invalid. Also, if you were given a blood test, your attorney may question the chain of custody. Any potential issues with how your blood was drawn, transferred to the lab, and tested could result in that evidence’s omission from court.
Should You Accept a Plea Deal?
In some cases, the evidence against the defendant is so overwhelming that the chance of a successful litigation is low. Your lawyer can help you evaluate what the prosecutor has against you and plans to bring in front of a jury. This will determine if it is in your best interest to look into a plea deal.
A plea deal could include pleading guilty to lesser charges, agreeing to mandatory alcohol treatment, both, or other penalties. However, they are almost always less than what you stand to incur if you go to court and are unsuccessful. Each case is different and your attorney can help you find the avenue that elicits the best possible outcome.
Contact a Florida DUI Lawyer Today
At Fort Lauderdale Criminal Defense, we understand how difficult facing DUI manslaughter charges can be. We commit to aggressively advocating for your rights and freedoms under the law. Call now for a consultation at 954-400-5000.
When you see the blue and red flashing lights behind you before getting pulled over, it can feel like your heart drops down into your stomach. If you’re arrested for driving under the influence of alcohol, things just seem to get worse from there. Fortunately, what you do after a DUI arrest can play a significant role in whether or not the charge sticks. Here’s what you need to know.
Do Not Resist Officers and Do Not Answer Questions
When you’re arrested, you’ll be cuffed and placed into the back of a police cruiser. Whether you’re sober and believe you were arrested in error, you do not have the right to resist arrest. Allow the police to do their job. Also remember that you do not have to answer any questions and if you do, your words may be twisted and used against you. Instead, remain silent or say “No comment.”
Contact Your Attorney as Soon as Possible
If you do not contact an attorney right away, at some point, one will be appointed to you. However, this may take a long time, meaning that you may be in custody for longer than you wish. During that time, you’ll also be missing out on important advice regarding your situation. Instead, contact an experienced DUI defense lawyer as soon as you can in order to learn what you need to do to protect your rights after an arrest.
Schedule a Hearing with the DHSMV
The officer who arrested you should have provided you with a DUI citation, which also serves as a temporary driver’s license for 10 days. You will have to schedule a hearing with the Division of Highway Safety and Motor Vehicles in order to petition for your license not to be suspended, which is completely separate from your criminal trial. If you do not schedule and attend this hearing within 10 days, your license will automatically be suspended.
How Attorney Leah H. Mayersohn, Esq. Can Help
At Fort Lauderdale Criminal Defense, Attorney Leah H. Mayersohn, Esq. understands the special challenges you face after being arrested for drinking and driving. She’ll go to bat for you in Florida’s complicated legal system and will work hard to see that the charges against you are reduced or dropped entirely. Don’t wait — when your future is on the line, you must act quickly. Call today for more information or to schedule a consultation at 954-400-5000.
Law Enforcement Stopped You For A DUI? What Happens Next?
If you’re stopped for the suspicion of a DUI, your emotions can run high and the situation can escalate pretty quickly. The good news is that you can control some of what happens by keeping your composure and ensuring that you cooperate to an extent that you do not incriminate yourself as a result of excessive nervousness and anxiety.
Remain Cooperative and Cordial
It is always best to remain cordial with law enforcement, you do not want to appear to be uncooperative, things can only get worse if you are perceived to be under the influence and also belligerent which can easily exasperate the situation. Let the officer do his or her job, do not reach for anything other than the wheel. Keeping your hands on the wheel and waiting for the officer to make requests is important.
The officer will let you know what he or she needs and when. Once they have asked for your license and registration, you can then allow yourself to reach for the glove box or console, wherever it may be that your identification and documents are stored. Law enforcement can often be an intense job and therefore, any sudden moves are not recommended.
Do Not Overshare
When it comes to a DUI Stop, answer any necessary questions but do not volunteer any admissions of guilt. Your words, as is often repeated, can and will be used against you. Keeping this in mind, there is no need to comment on “where and when” if the answer can be used against you.
Get Help With Your Fort Lauderdale DUI Charges
A DUI Charge will become part of your permanent record. A DUI Conviction will become part of a permanent criminal record that will affect and follow you into your future. It is vital to get help as early as possible so that you can begin mounting your defense against the DUI charge. An experienced and qualified Florida DUI Attorney can go over your case details and the circumstances surrounding your arrest and strategize how best to defend you and protect your future. Call Mayersohn Law Group for help now.
When you get a glimpse of a law enforcement vehicle behind you while out on the road, the experience can be unnerving. When that vehicle is accompanied by flashing lights, every nerve is on its end. You automatically assume that those lights are meant for you and, if unfortunately, those lights are meant for you, the next best thing that you can do is pull-over as calmly as possible. If you are pulled over on suspicion of a DUI, you may feel like you have lost control however, you can salvage much by how you handle what comes next.
Comply But Remember, Less Is More
First and foremost, your words can later be used against you so it is important that while you cooperate in order to stay safe and keep the situation from escalating, you do not need to offer additional information that may later be used to help convict you of the charges. You have rights under the law so, it’s important to remember that you can answer basic questions to indicate to law enforcement that you are cooperating, but anything more in-depth than being cooperative and cordial may spell trouble later.
What Comes Next?
After being arrested for your DUI, you will be taken for processing. Later you will face your arraignment and learn more about the extent of the charges against you. The charges will depend on the circumstances surrounding your initial traffic stop and the events that transpired as a result of that stop. Did they suspect that you were intoxicated or impaired? Did they ask you to take a field sobriety test? Did you comply with a Sobriety test? All of the events surrounding your arrest will be called into the arraignment and you may be facing more than one charge.
Speak With A DUI Attorney As Soon As Possible
You will have the opportunity to speak to an attorney, at that point, it is important that you speak to a qualified and experienced criminal defense attorney who understands Florida DUI laws. It is important that you begin to strategize on your defense immediately to stay ahead of your DUI Charges. Contact Mayersohn Law Group today to learn how we can help you.
An arrest and conviction for driving under the influence of alcohol is a frightening and life-changing experience. It’s important to know what to expect after a DUI, especially if it’s your first one, so you can be prepared. You need to adjust to a different way of life now and in the future. Know that many DUI consequences are far-reaching. Here’s what you should know.
One difficult thing to deal with after a DUI is the effect on current and future employment. Your current employment may be at risk if you take a lot of time off for DUI proceedings. Also, having limited transportation could increase the number of days you take off or arrive late. Future employment is affected because of your criminal record. There are some positions that you may not be eligible for. Take advantage of any job or career programs offered in your area.
Often, a counseling program is mandatory after a DUI conviction. The counseling may be specifically for alcohol abuse, or it may be a drug and alcohol combination program. The program will likely be several weeks or months long. Therefore, it’s important to always attend unless you are severely ill. In all likelihood, you will be required to complete the counseling program successfully as part of your sentence. In fact, it’s important that you attend and make arrangements to ensure the program is completed.
Unfortunately, transportation can be significantly affected if your license was suspended as a result of your DUI. First, apply for a hardship license that grants you the ability to drive to and from work yourself. However, you may not be approved for this so it’s important to also explore the option of public transportation. Fort Lauderdale has a wealth of public transportation options, but they do cost extra time and money. If traveling by bus to work, plan for delays and allow yourself plenty of time to get there.
Contact a Fort Lauderdale DUI Attorney Today
Arguably the most effective way to avoid life changes after a DUI arrest is to avoid being convicted. An experienced DUI attorney can help. Call Leah H. Mayersohn, Esq. today for a consultation at 954-400-5000.