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.

Florida Statute 316.193: How It Impacts Your Driving Privilege

Florida statute 316.193 stipulates the consequences of being convicted for driving under the influence. A conviction can negatively affect your driving privileges to the point that you lose them for several years. For this reason, it’s imperative that you contact a Florida defense attorney immediately if you’re the subject of an arrest for DUI.

Following are the three main ways your driving privileges can be impacted if you receive a DUI conviction.

Impoundment Of Your Vehicle

Statute 316.193 specifies that your vehicle will be impounded for a minimum of 10 days unless your family has no other means of transportation. If you’re convicted a second time within five years, your vehicle will be impounded for 30 days. A third conviction within 10 years will result in a 90-day impoundment.

Confiscation of your vehicle will obviously prevent you from driving it.

Driver’s License Suspension/Revocation

If you refuse to take a sobriety test, your driver’s license, along with your driving privileges, can be suspended for up to 12 months. Following a first-time DUI conviction, your license can be revoked for a minimum of six months (12 months maximum). If you receive a second conviction within five years, your license will be revoked for a minimum of five years. A third conviction within 10 years results in a minimum 10-year license revocation.

This is arguably worse than vehicle confiscation if only because the length of time is much greater. Without a driver’s license, you cannot legally drive. You risk further penalties if you’re caught doing so.

Imprisonment

The most serious consequence for driving under the influence – and one that an experienced DUI attorney can help you to avoid – is imprisonment. According to Florida statute 316.193, a first-time conviction can result in up to six months in prison. A second conviction can result in up to nine months, and a third conviction can result in up to 12 months.

The decision to send you to prison for an extended period is left to the court’s discretion. Having said that, if you receive a second DUI conviction within five years, you’ll be required to spend at least 10 days in prison. If you receive a third DUI conviction within 10 years, you’ll be required to spend a minimum of 30 days in prison.

There are other consequences of a DUI. For example, your insurance rates will increase, you’ll need to put in 50 hours of community service (for a first offense), and you’ll be required to pay large fines. But the three consequences highlighted above are the ones that’ll have the biggest impact on your driving privileges.

If you’re arrested for driving under the influence, immediately contact an experienced Orlando DUI attorney. Doing so will not only help you to retain your driving privileges, but also your freedom.

The Florida DUI defense attorneys at Skubiak & Rivas have helped thousands of clients avoid life-impacting penalties after being pulled over for DUI. If you were recently arrested for driving under the influence, call 407-894-4449 or complete the form on this page to schedule a free consultation. We’re prepared to aggressively defend your right to drive.

3 Reasons To Call An Attorney When Caught Driving With Drugs

If a police officer catches you behind the wheel while in possession of controlled narcotics, you’re likely to suffer severe penalties if the charges lead to a conviction. These penalties can include massive fines, a lengthy jail sentence, and loss of your driving privileges (among other sanctions).

Many people assume there’s no reason to fight drug possession charges. They figure – often incorrectly – that the charges brought against them are certain to stick due to evidence recovered by the arresting officer. In reality, an experienced attorney can create a multifaceted defense strategy that can result in the dismissal of such charges or a reduction in the associated penalties.

If you were recently caught driving with drugs, whether you were under their influence or merely in possession of them, contact our drug defense attorneys. Following are three reasons to make the call today.

#1 – To Get The Charges Dismissed

This is the ultimate goal. Ideally, the case brought against you would be dismissed entirely, allowing you to completely sidestep the attendant penalties.

Defending against drug charges is difficult. But as with all types of traffic violations, it’s far from impossible.

A good attorney will investigate your case, looking into how the evidence was obtained. He or she will scrutinize whether the stop was legal. Your attorney will also consider whether a defense strategy can be developed around the idea of “constructive possession” – e.g. you borrowed a friend’s car and an officer found a small amount of narcotics in your friend’s glove compartment.

These and other strategies may result in the charges being dismissed.

#2 – To Negotiate A Reduced Sentence

If case dismissal isn’t an option, your attorney may be able to negotiate a plea bargain. This can result in a marked reduction in penalties (lower fines, less jail time, etc.) or the elimination of some of the charges. For example, you may be able to avoid jail time entirely if you agree to attend a drug rehabilitation program.

#3 – To Work Within The Local Legal System

The Florida legal system is complex, particularly with respect to drug charges. An experienced attorney will know how to successfully navigate this system while defending your rights.

For example, he or she will know which prosecutors are receptive to plea bargains. He or she can forecast your level of exposure based on which judge hears your case. Your attorney will possess “insider information” regarding the potential effects of various defense strategies.

A conviction for drug possession while driving can have a devastating impact on your life. Don’t just settle the charges by pleading guilty. Contact the Florida drug defense attorneys at Skubiak & Rivas to defend your rights. Call 407-894-4449 or complete the form on this page to schedule a confidential, risk-free consultation. Your livelihood and freedom may be at stake.

I Violated My Probation in Florida, What Should I do?

Violation of Probation occurs more frequently than most people think. As frequently as this occurs, this is still a major issue that you should address with an attorney.

Punishment can sometimes be worse than the actual punishment for the original crime.

Florida State Statue defines a VOP violation as..

948.06 Violation of probation or community control; revocation; modification; continuance; failure to pay restitution or cost of supervision.

What happens next:
Violation of probation (VOP) case commences when the probation officer files an affidavit for VOP. They will also have a VOP warrant issued for the probationer’s arrest. The police will execute the warrant at their residence or place of business and the offender is taken to jail. The offender will not be entitled to a bond on a VOP. They will remain in jail until the resolution of their case.

Call the office of Skubiak and Rivas P.A. if you have a violation of parole as to not further increase your chances of punishment at 407-894.4449.

Retail Theft – Accidental or Not Can Carry Serious Consequences

Retail theft can be committed knowingly or unknowingly and in many cases, the consequences are fines, a record and jail time, community service. drivers license suspension and more.

Having the right defense can help you get on the right path keep your record clean. In the State of Florida, shoplifting of goods valued at $300 or less is a misdemeanor offense. More than $300, it is considered an Felony.

Don’t go into court without a criminal attorney. We are here to help with your shoplifting defense. Call Skubiak & Rivas at 407-894-4449.

Indecent Exposure – What does it mean in the State of Florida?

Getting charges with indecent exposure, can mean a lot of things in the State of Florida. Charges can be filed against you for a variety a reasons and should be taken seriously.

In many cases, indecent exposure can be the result of a prank gone bad, public urination, sex in public and running around nude “streaking”.

Prosecution for indecent exposure can range depending on the charges file. Call Skubiak & Rivas and speak to a Criminal Defense Attorney at 407-894-4449.

With indecent exposure, you may receive penalties ranging from fines to time in jail. The criminal attorneys are prepared to fight for your legal rights.