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The Law Office of Hoot Crawford, P.A. |
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The most urgent priority is learning where you stand:
You have several options to possibly resolve your case: Dismissal of the charge; reductions to lesser charges; motions to suppress evidence; plea bargains; diversion programs; jury trial. |
DUI FAQs | |||||||||
Traffic violations can have serious criminal consequences, particularly when a driver is accused of driving under the influence. A conviction on DUI / DWI charges will result in fines, driver's license suspension or revocation, and possibly land you in jail. In addition, your insurance company may increase your rates to an unmanageable level. In defending against an impaired driving charge, you have many rights as a criminal defendant, including the right to cross-examine the witnesses against you, even if they are police officers. An experienced attorney can make all the difference in such a difficult case. When arrested for a DUI, your license will be suspended and your ticket may serve as a temporary permit for ten days. You only have ten days to request a hearing to invalidate the suspension. If you contact my firm, at no cost to you and regardless of your choice of attorneys, my staff will assist you with the necessary paperwork to preserve your rights to a Driver's License Hearing. |
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| THE 20 MOST ASKED DUI QUESTIONS | ||||||||||
1. When can I speak to one of your attorneys? Response: Except in emergency situations (e.g. a person in jail), our attorneys generally will not be the first person that you reach. Our highly trained staff members can answer almost all questions. If an immediate need exists, we will make every effort to let you talk to an attorney when you call in. Almost every day, our attorneys are in court or involved with previously scheduled client interviews. Every person charged with a crime who calls and sets an appointment will get to talk to one of our attorneys free of charge for the initial consultation. It is expected that you appear on time and bring ALL of your paperwork with you. When you come in for your free consultation, you will be told the favorable and unfavorable aspects of your case and how we would approach handling your case, based on the knowledge we have in front of us at the time of the consultation. Over the course of the case the information available may change and we will advise you and provide you a copy of any new information we receive during the case, should you retain our services.. This will allow you to evaluate your options, so that you may make decisions about how you want to proceed with your case. You are not obligated to hire one of our attorneys merely because you have a free, initial appointment. 2. How long does a DUI conviction stay on my record? Response: In Florida, a DUI conviction stays on your record effectively for life. Most other states have similar laws. A DUI in Florida is not always a misdemeanor, if you have the 3rd DUI charged and your last DUI is within the past ten years you may be charged with a felony, or if this DUI is your 4th or greater DUI you may be charged with a felony. Additionally, drivers with multiple, serious, driving convictions are declared “habitual traffic offenders.” A person driving after being declared a habitual traffic offender commits a felony merely by driving, unless they have obtained a valid business purpose license from the Department of Motor Vehicles. |
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A conviction can result in possible denial of job opportunities or restrictions on credit because the conviction is a public record and is typically retrieved by credit reporting agencies. In addition, a conviction can cause an increase in premiums or cancellation of your auto insurance. In the last 10 years, many rental car companies have begun denying rental privileges to a person with a DUI conviction for as long as six (6) years after a DUI conviction. Some countries even restrict or prohibit travel by persons with a DUI conviction (e.g. Canada). All of these reasons explain why we fight for a non-DUI disposition to your case, or for an outright acquittal. 3. What is a “nolo” plea? Response: A "nolo contendere" (no contest) plea is of little or no use. In earlier years, a “nolo” plea could save a person’s driver’s license, so many people opted to seek this plea. The primary benefit to a driver now, would be to possibly limit use of the plea in a civil suit (if an accident with liability for damages or injuries has occurred). Today a “nolo” plea does NOT save your driver’s license. The judge does not have to accept a "nolo" plea in any case. If a judge does accept it, you will still have stiff fines, perform community service, and possibly serve some jail time. The license suspension is the same as if a “guilty” plea was entered. Hence, many people opt for trial, seeking to win the case. Even when it is used, a “nolo” plea counts as a prior conviction so that any future DUI arrests would be negatively impacted by more punishment than if a person had no prior history at all. 4 If I had a drunk driving (or impaired driving) conviction in another state, will it show up in Florida? 5. Why is the questionnaire so long, and what if I can’t remember everything? Response: The information is requested so we may prepare the best defense possible after having analyzed your responses to the questions. Your answers are never shared with any other person or entity without your express permission. Each detail that you give is necessary for: 1) assessing the strengths of your case; 2) obtaining a “baseline” for what facts you recall from the arrest (so that we can evaluate any problem areas); 3) preparing for possible negotiations with the prosecutor; and 4) in possible jury selection, using facts about you or your past to help us select the jurors who would be best suited to hear your case. 6. How will my case be handled by your firm? Response: When we receive the questionnaires and discovery from the State we review them to determine the possible defenses and motions that might be presented in your case. Hoot will review every questionnaire personally and will personally review each discovery document in each case. After all his name is on the firm and he takes great pride in his firm providing the very best defense possible to all of your charges. Hoot cannot represent every one all the time but he has hand picked associate attorney(s) and staff to assist him during the many twists and turns that DUI cases may take from start to finish. Hoot will identify trial strategies and try to uncover favorable information. Hoot makes, and then attaches notes to each file, so his recommendations can be considered and implemented later. Hoot also takes into account how many alcohol-related or drug-related offenses you have had in your lifetime. Lastly, we look to see if there are any extenuating circumstances that would require any special defense to be asserted or if an expert will be needed to present your best defense. Considering the information provided, we can make a knowledgeable defense strategy and present your case to the jury should a trial be necessary. 7. How will a DUI arrest affect me if I’m licensed from out-of-state? Response: Florida cannot suspend an out-of-state license; only your home state can suspend your license. Florida can only suspend your privilege to drive in Florida. A refusal to submit to an officer’s request for a breath, blood or urine test, MAY result in a suspension of driving privileges in Florida (if we are unsuccessful at the administrative hearing), but MAY or MAY NOT cause you to be suspended in your home state. The rules for processing a notification of a refusal report vary in each state. Florida is obligated to send such notice to your licensing state. Some states take no adverse action against the license in the non-resident driver’s home state for a “refusal” to be tested; for an over the limit blow; or a blood urine test that tests positive for drugs/over the limit alcohol in Florida. Response: Florida law permits an officer to confiscate the license of any motorist who the officer has probable cause to believe is under the influence of drugs or alcohol. In order to avoid a possible “false swearing” charge; do not just apply for a new license (especially in Florida), because you can create even more problems for yourself. At your free consultation, ask us about how and when you may seek to have your license returned, or how you can get a business purpose license from the Department of Motor Vehicles, so that you can have your plastic license while awaiting trial. 9. Do I need a lawyer? Response: Every person can represent himself or herself in court. Because DUI is such a serious matter, however, it is not generally a wise choice to go to court unrepresented. Your right to drive, your freedom, and your future employment options may hang in the balance. The choice is yours. We advise taking advantage of our free consultation to see whether you want to hire an attorney. Any person facing a second (or more) DUI in less than five (5) years (measuring from date-of-conviction to date-of-arrest) SHOULD always utilize an attorney capable of taking the case to trial. The new punishments for repeat offenders are serious and possibly life-changing. Winning (or trying to win) may be the only answer. 10. What is the "10 day" rule? And how is it applicable to administrative license suspension matters? Response: In Florida, if you either refused to submit to a breath or blood test, or if you submitted and had a result of 0.08 grams or more, (0.02 for those under 21 and 0.04 for anyone driving a commercial vehicle), the state will attempt to suspend your license or privilege to drive for six months up to five years. This attempt to take away your right to drive will occur PRIOR to any criminal trial for DUI (in most cases) and will be automatically entered against you unless you file a request for a formal (recommended) or informal (rarely advisable) review within 10 calendar days after the date of arrest or having your license taken by the officer. Filing a request for hearing for a first offense permits you to receive a temporary license (if you were not suspended at the time of the DUI) for a period of 30 or so days. For first offenders test, we can at least obtain a “work permit.” By properly and timely filing the appeal, limited-driving privileges will be granted (in most cases) until you have had a chance to have a hearing with a Department Hearing Officer. There will not be a jury. This is an additional administrative proceeding that we handle for you for the fee you pay us. At a minimum if you are in our office within ten calendar days of your arrest we will assist you in requesting a hearing and obtaining a business purpose license. No decision will be announced at the administrative hearing. However, you will be sent a decision in the mail within a few days after the hearing. The hearing is needed to determine if you will be able to retain your driving privileges until the end of your DUI case or if you will lose the right to drive in Florida prior to your trial. If a hearing occurs, and the officer is subpoenaed, it offers us a great opportunity to cross-examine the officer under oath about the facts of your case. This hearing can result in securing valuable information that may be useful in the criminal case, which will occur later.. 11. Why should I hire an attorney in your firm? Response: Hoot has been a member of the National College of DUI Defense (NCDD) since 2000 and has attended many of the advanced seminars sponsored by the NCDD www.NCDD.com . Additionally, Hoot is a lifetime member of Florida Association of Criminal Defense Lawyers www.FACDL.org and has attended many of the seminars sponsored by FACDL for DUI and criminal law since 1999. Hoot is the only attorney in North Florida who owns the Intoxilyzer 5000 and 8000, and who has taught other attorneys about both machines to raise the level of competence of the attorneys in representing their clients accused of DUI. Hoot has taught other attorneys about various aspects of DUI defense in Oklahoma, Arizona, Kansas, Mississippi, Louisiana, and Florida. Hoot’s and his associates use their skills to challenge every aspect of a DUI arrest. In addition, Hoot belongs to several groups formed on a national and statewide network of other DUI practitioners in order to exchange and share information about new DUI laws, national and local trends in the law, and trial tactics. In short, through total dedication of our efforts in knowing and advancing DUI law and defense, we strive to give our clients the best representation possible. Response: The United States Supreme Court has ruled that “commercial free speech” is protected under the First Amendment to the United States Constitution. Your arrest information is a public record and is available to any person asking for it. Our firm requests the information and sends a brochure to most people arrested in Bay County. Our brochure is approved by the Florida Bar. Absent a letter from an attorney advising people of the ten day window (see above) some people would never find out how to file for a formal review and receive a business purpose license. Most clients receive a barrage of mass mailings and it becomes difficult for a person to decide who they should hire to represent them. If you call our office we will schedule a time where you can come and talk to Hoot or one of his associates about your case and you under no obligation to hire Hoot or one of his associates and you will not be charged for an initial consultation with Hoot or one of his associates. The attorney you hire should impress you with his knowledge and professionalism and you should be comfortable discussing your case and concerns with the attorney. If you are not comfortable when you meet with the attorney it is not likely that the relationship will improve once you write the check to retain the attorney. Many of our clients are offended by this barrage of solicitations, especially since the majority of letters focus on pleading guilty -- a resolution which we rarely consider until all other viable options are explored. 13. If I am convicted, what is the worst thing that can happen to me? Response: It depends on your situation and the facts of your case. At a minimum if convicted of DUI, you will have to pay a fine, perform community service hours, have your car impounded, be placed on probation, attend DUI school and counseling (if recomended) Beyond these “guidelines,” we have to evaluate your case based upon the facts, the prosecutor, your record, and the propensity of the judge in his/her sentencing for DUI cases. We will explain in more detail at your free consultation. Response: Not always, but a sentence depends on many factors. Rest assured, we will advise you about this matter when you have your free interview. This question is one that is case-specific and judge-specific. Some judges may punish a person more after a jury trial, but not a bench trial (a trial in front of the judge only). You have the option of whether to seek a bench trial or jury trial, so we can control this to a certain extent. Your case may have a fantastic legal issue that needs to be appealed to a higher court, and this may require some sort of trial to be able to obtain the right of appeal. Be sure to discuss any concerns you may have about these issues at your free consultation. 15. Do I need to see an alcohol (or drug) counselor? Response: Maybe. We always encourage anyone facing alcohol-related or drug-related offenses to get an ASSESSMENT for any potential problem that may exist. If this offense is not your first alcohol-related offense, our free consultation with you will likely result in a recommendation that a private assessment be conducted. There are many reasons that this is a wise thing to do, not the least of which is correcting a costly and potentially dangerous health problem. We’ll discuss how this assessment (and treatment, if recommended by your counselor) can be a “silver lining” for even a very bad case. We have a list of reputable counselors if you need names, locations and phone numbers. 16. Should I go to driving school or DUI school now? Response: No. Wait until we meet with you. Many important issues relating to attending risk reduction schools will be explained at your free interview. Moreover, many “quirks” exist about attending the classes, and we’ll try to give you guidance on this matter. 17. If I fight the case and lose, do I get any money refunded on legal fees? Response: No. Unlike personal injury cases in which an attorney can agree to accept a percentage of any financial recovery in a CIVIL case, the State Bar of Georgia prohibits “contingency” fees in criminal cases. With a surgeon, not every operation is a success. Yet, would you go back and ask for a refund of fees paid? No. An attorney (like a surgeon) is compensated for his/her time, knowledge, expertise and legal acumen. That is our “product.” In addition, we set a “fixed” fee -- not hourly -- so you will know how much you will pay for legal services. Response: Disregarding fines, there are always a few costs in the typical DUI case. We always use court reporters in all court proceedings. Otherwise, you could never appeal a judge’s erroneous rulings or trial errors. You pay these costs. We also use “process servers” and couriers to hand-deliver subpoenas, pleadings, and other important documents. We do this so that we can prove to a judge the time, place and person, receiving these items if a challenge to “service” is ever made. Judges can be very unforgiving if an important witness fails to show up with subpoenaed documents, and we cannot prove that the witness was personally served in accordance with Florida’s subpoena law. In addition, some cases will require the services of other professionals. A case may need an investigator, an accident re-constructionist, an expert on breath or blood testing or similar non-lawyer assistance. We advise you in advance of these proposed major costs before obligating you to pay. 19. Do we have any control over which judge or prosecutor I get for my case? Response: As a general rule, no. Computer assignment or rotation of judges makes most court assignments for each case random. We have very little input about how a case is assigned, or which prosecutor will handle it. 20. Are my chances of a favorable disposition without trial diminished since Hoot and his firm are so well known? Response: Not that we can tell, based upon our results and the results that we see other attorneys obtain. We strive to project an image of being fully prepared whenever we come to court, and we want every prosecutor, judge and police officer to know that. We don’t “attack” police officers unless there is a good cause to do so, yet we thoroughly cross-examine them about every important aspect of an arrest. Many times, the very fact that the prosecutor knows we are present in court to fight “from every fence post or tree” helps us get “deals” that some other attorneys might not be offered. We want the prosecutors, police officers and the courts to know that we are “ready,” and will represent our client to the fullest extent permitted by law. |
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| Expert Witnesses for DUI Cases (Courtesy of William C. Head) | ||||||||||
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THE THREE TYPES OF EVIDENCE THAT CAN BE USED AGAINST YOU IN A DUI CASE: See a PowerPoint presentation on the Intoxilyzer 8000. If you do not have PowerPoint Viewer, click here. Click here to see pictures of the Intoxilyzer 8000. Visa and MasterCard Accepted Call 24 Hours a Day, 7 Days a Week For a Free Initial Consultation Call: (850) 913-9661 or E-mail us. |
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The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. |
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