Will You Go To Prison For A DUI Manslaughter Conviction?

Vehicular manslaughter is defined as killing someone, including a viable fetus through injury to the mother, while operating a motor vehicle with reckless disregard for human life. It’s a second-degree felony, but is often upgraded to a first-degree felony based on the circumstances surrounding the accident.

DUI manslaughter is essentially the same type of criminal offense. The difference is that the offender is driving under the influence of alcohol or a controlled substance. If you’ve been arrested on DUI manslaughter charges in Florida, the best thing you can do is hire an Orlando traffic attorney. The sooner you do so following the accident, the better.

Is Prison Time Mandatory Following A DUI Manslaughter Conviction?

According to section 316.913 of the 2017 Florida Statutes, a conviction for DUI manslaughter carries a mandatory prison sentence. Assuming a conviction, the judge hearing the case is required to sentence the offender to a minimum prison term of four years. The Florida State Attorney can waive this mandatory minimum sentence, but that rarely happens.

With a 4-year prison sentence being the best-case scenario following a DUI manslaughter conviction, it’s important that you fight the charges. But doing so properly requires hiring a seasoned Florida criminal and traffic ticket attorney.

Best Chance For Avoiding Prison: Hire A Florida Traffic Attorney

An experienced attorney will take steps to ensure the best possible defense. This includes filing motions to dismiss the charges if there is insufficient evidence of wrongdoing on your part. It involves examining evidence and arguing to suppress that which doesn’t help your case. Your defense team can also document the scene of the accident, provide guidance during interrogations by the police, and hire expert witnesses to testify on your behalf.

Your freedom is at stake. It’s in your interest to fight the charges and hire legal representation to guarantee your rights are protected. Don’t leave this matter to chance. The consequences of a conviction can follow you for the rest of your life.

Our Florida traffic ticket lawyers specialize in defending motorists against serious criminal and traffic-related charges. If you were arrested on DUI manslaughter charges, call us immediately at 407-894-4449 or complete this online form for a free consultation. We’re ready to discuss your case and aggressively defend you in court.

How To Avoid A Fourth Time DWLS Conviction

How To Avoid A Fourth Time DWLS Conviction

A first-time conviction for driving with a suspended or revoked license (DWLS) is a misdemeanor. So too is a second conviction. It’s a serious offense, but the consequences are less severe than those associated with subsequent convictions.

Third and fourth-time DWLS convictions are felonies. They not only stay on your record for the rest of your life, but can also inflict stiff financial penalties and long jail sentences. You could end up paying $5,000 in fines and spending up to five years in jail.

For this reason, it’s imperative that you seek experienced legal representation to defend against a fourth-time DWLS charge. That’s the best way to avoid jail time and a felony conviction.

Possible Defenses Against A Fourth Time DWLS Conviction

If this were your first DWLS ticket, you might be able to show the judge that you were unaware your license had been suspended. This could persuade him or her to treat the offense as a civil traffic infraction rather than a criminal offense.

But if this is your fourth DWLS charge, the judge is unlikely to be receptive to such a defense. The exception is if you can prove you didn’t receive notice of the suspension from the DHSMV.

This doesn’t mean you’re without options. Far from it. A seasoned Orlando traffic attorney may be able to create a defense strategy that can reduce the charges and accompanying penalties, or get the charges dismissed entirely.

For example, your attorney may be able to show that you weren’t driving at the time your vehicle was pulled over by the police officer. Or he or she might be able to prove that you were driving in response to a true emergency – for instance, an immediate threat of injury to a loved one. Depending on the circumstances, it may also be possible to show that you had adequate reason to believe your license was in good standing.

How An Experienced Florida Traffic Ticket Lawyer Can Help

It’s unwise to contest a DWLS charge without the help of an experienced traffic attorney. An attorney will not only be familiar with how judges treat this type of offense, but will investigate the circumstances behind the charge. He or she will then develop a defense strategy that’ll help you to avoid a felony conviction or minimize the charges and penalties.

The Seminole County traffic ticket lawyers at Skubiak & Rivas provide aggressive legal representation for Florida residents. Contact us immediately if you were recently charged with a fourth-time DWLS. Call us at 407-894-4449 or fill out this form for a private, no-risk consultation.

Were You Pulled Over For Driving With A Suspended License

Were You Pulled Over For Driving With A Suspended License?

Driving with a suspended license (DWSL) can have a serious impact on your life. It can result in large fines; it can lead to substantial jail time; it can burden you with a permanent criminal record, which will show up on background checks; and it can jeopardize your driving privileges for years to come.

If you’ve been charged with a DWSL, the first thing you should do is reach out to an experienced criminal defense attorney. Your attorney may be able to get the case dismissed or have the DWSL charge reduced to driving without a valid driver’s license (NVDL).

Consequences Of Driving With A Suspended License

The first time you’re convicted of driving with a revoked or suspended license, the offense is considered a second-degree misdemeanor. You could spend up to 60 days in jail and have to pay a fine up to $500.

A second DWSL conviction is considered a first-degree misdemeanor. It carries a maximum 1-year jail sentence and fines up to $1,000.

If you’re convicted a third time, the offense is considered a third-degree felony. The felony will appear on your permanent record. You may also have to spend up to five years in jail and pay up to $5,000 in fines.

And it gets worse…

On Becoming A Habitual Traffic Offender

Three DWSL convictions within a 5-year period makes you a habitual traffic offender (HTO). This is a serious matter. HTO status in Florida can result in your driver’s license being revoked for five years. During that time, you’ll be prohibited from operating a vehicle.

You may be able to acquire a hardship license that allows you to drive to and from work. But that’s where your driving privileges begin and end during the 5-year revocation period.

Why You Should Contact An Orlando Traffic Lawyer

An experienced criminal defense attorney can fight to have the DWSL charge dropped and your case dismissed. Not only will that help you to avoid jail time and fines, but can also keep your record clean.

It may also be possible to reduce the DWSL charge to a NVDL. This is important because NVDL convictions do not count as strikes toward being labeled a habitual traffic offender.

In the event you’ve already been convicted of a DWSL violation, your attorney can pursue having the conviction vacated.

Getting caught driving with a suspended license can have a long-lasting impact on your driving privileges, your financial stability, and your freedom. If you’ve been charged with DWSL, contact the criminal defense attorneys at Skubiak & Rivas. We’ll evaluate your case and if retained, aggressively protect your rights. Call us at 407-894-4449 or complete this online form for a free consultation.