son's dui in florida

[tkak123]

My 24 yo was ticketed with DUI in FLA. It was his first offense but he blew a .213. He was alone with no passengers. No accident or injury was involved but he did also get a speeding ticket for an "observed" but not registered speed of 90 in a 45 mph limit. He otherwise has no record. Max penalties for DUI in FL are $2000 fine, 50 community service hours, 9 mos imprisonment, and 1 yr probation plus a DUI on his record. We are new at this. No one in our family has ever had a DUI plus we are in SC so we know no one who has been through a DUI experience in FL. With all these factors considered should he try to gain legal representation or just plead guilty? Would the cost of legal representation (if we hired vs public) be worth what he may gain? It appears to us the only way the money spent for legal representation would be of value is if the DUI charge is dropped or removed in some way that it will not be on his record. Also, if he obtains public defender and pleads not guilty. If he loses his case will the penalties be more severe than if he just pleaded guilty? One more thing to add. When ticketed he did not have a FL license. He was still driving on his SC license. Anyone out there have experience with FL DUI and suggestions?

 

[FlyingRon]

What he needs is:

1. A lawyer down in Florida (preferably in the County he's charged in).
2. Professional help with his substance abuse disorder. He either came close to dying or he's so much of an alcoholic that he's developed a tolerance. Either way, he needs help.

There are sentence enhancements for the profound BAC levels.

 

[commentator]

There will be a standard operating process for charging someone with a first offense DUI. With a BAC this high, he will not be able to get any sort of deferment or leniency. However, it will still be GREATLY to his benefit to get an attorney, worth it for you his family to spend the money, simply because he will be led through the system by someone who knows the way to get him the best possible deals and have much less stress with it, and be given the most helpful advice he can be. No freakin' way he can benefit from pleading not guilty. They HATE it when you go through the DUI system without an attorney, tend to put you at the back of the line and sock it to you. It's like, "I'm already a penniless loser, and I obviously did what they say, and yeah, I'll probably do this again."

Agree with fl ron, get this guy into some treatment. He is way out of line, will continue to have problems unless he gets severely set back by this, in other words, scared to death and takes full responsibility for what he's done. With this much "blood in his alcohol" system, they could've done brain surgery on this young man without his even noticing, or they could have waked him up and told him he had hit a school bus full of children, and he wouldn't haveknown the difference. This isn't the way to run your life, he isn't an innocent victim, he needs to change.

 

[Zigner]

...speeding ticket for an "observed" but not registered speed of 90 in a 45 mph limit.

What the heck does "observed but not registered" mean? Do you think that the ticket is any less valid? Your severely (probably to the point of blacking out) intoxicated adult-child was traveling at FORTY-FIVE MPH OVER THE SPEED LIMIT. Why do you try to minimize it with quote marks and word games???

 

[Ohiogal]

What the heck does "observed but not registered" mean? Do you think that the ticket is any less valid? Your severely (probably to the point of blacking out) intoxicated adult-child was traveling at FORTY-FIVE MPH OVER THE SPEED LIMIT. Why do you try to minimize it with quote marks and word games???

White privilege.

 

[HighwayMan]

What the heck does "observed but not registered" mean?

I took it to mean "based upon a visual estimate", whether they write it on the citation that way down there I don't know.

 

[tkak123]

Response!

There will be a standard operating process for charging someone with a first offense DUI. With a BAC this high, he will not be able to get any sort of deferment or leniency. However, it will still be GREATLY to his benefit to get an attorney, worth it for you his family to spend the money, simply because he will be led through the system by someone who knows the way to get him the best possible deals and have much less stress with it, and be given the most helpful advice he can be. No freakin' way he can benefit from pleading not guilty. They HATE it when you go through the DUI system without an attorney, tend to put you at the back of the line and sock it to you. It's like, "I'm already a penniless loser, and I obviously did what they say, and yeah, I'll probably do this again."

Agree with fl ron, get this guy into some treatment. He is way out of line, will continue to have problems unless he gets severely set back by this, in other words, scared to death and takes full responsibility for what he's done. With this much "blood in his alcohol" system, they could've done brain surgery on this young man without his even noticing, or they could have waked him up and told him he had hit a school bus full of children, and he wouldn't haveknown the difference. This isn't the way to run your life, he isn't an innocent victim, he needs to change.

He has had gastric bypass surgery so it doesn't take much elevate his levels or become intoxicated quicker than a normal person.....what do we need to do?

 

[TheGeekess]

He has had gastric bypass surgery so it doesn't take much elevate his levels or become intoxicated quicker than a normal person.....what do we need to do?

Hire him an attorney.

Public defenders are for those who cannot afford an attorney.

 

[FlyingRon]

He has had gastric bypass surgery so it doesn't take much elevate his levels or become intoxicated quicker than a normal person.....what do we need to do?

That doesn't change the fact that he has a substance disorder. The officer is an expert witness when it comes to estimating speed. He very much can be charged based on that, especially with the out of the ballpark speed involved.

He needs a lawyer.

 

[Ohiogal]

He has had gastric bypass surgery so it doesn't take much elevate his levels or become intoxicated quicker than a normal person.....what do we need to do?

YOU do nothing. Your son is an idiot and is supposed to NOT drink and drive. If it takes less alcohol, he shouldn't drive at all with even half a drink. I know of what I speak. I had RNY. So your son made his choices. He doesn't get a pass because he is ignorant and doesn't want to take responsibility.

 

[commentator]

And I bet he wasn't ignorant of the fact that because of gastric bypass surgery, he's a cheap drunk, more easily affected by and sensitive to alcohol. I understand wanting to help your adult child who's screwing up, but his problem is not that he got this ticket, his problem is that he's drinking and driving, which boils down to the problem of he is drinking and shouldn't be, because it may very quickly lead him to use very bad judgment.

 

[FlyingRon]

Faster absorption doesn't mean that he got drunk on less, it just means it hits him faster and he needs to learn to moderate his intake speed. Still at more than .20 BAC he's either in very high danger of dying or he drinks regularly enough to those levels that he's built up a tolerance. That coupled with the actual DUI indicate BY DEFINITION a substance abuse disorder. You need to get him both legal and substance abuse counselling.

 

[tkak123]

What the heck does "observed but not registered" mean? Do you think that the ticket is any less valid? Your severely (probably to the point of blacking out) intoxicated adult-child was traveling at FORTY-FIVE MPH OVER THE SPEED LIMIT. Why do you try to minimize it with quote marks and word games???

Sorry Zigner. After reviewing traffic citation I stand correct. The correct terminology from the ticket is "visual estimation". They did not utilize any type of radar, speed measurement device, etc. Not trying to minimize. Just trying to put all the info out there to get the best advice.

 

[tkak123]

What he needs is:

1. A lawyer down in Florida (preferably in the County he's charged in).
2. Professional help with his substance abuse disorder. He either came close to dying or he's so much of an alcoholic that he's developed a tolerance. Either way, he needs help.

There are sentence enhancements for the profound BAC levels.

Thanks for the advice.

 

[tkak123]

There will be a standard operating process for charging someone with a first offense DUI. With a BAC this high, he will not be able to get any sort of deferment or leniency. However, it will still be GREATLY to his benefit to get an attorney, worth it for you his family to spend the money, simply because he will be led through the system by someone who knows the way to get him the best possible deals and have much less stress with it, and be given the most helpful advice he can be. No freakin' way he can benefit from pleading not guilty. They HATE it when you go through the DUI system without an attorney, tend to put you at the back of the line and sock it to you. It's like, "I'm already a penniless loser, and I obviously did what they say, and yeah, I'll probably do this again."

Agree with fl ron, get this guy into some treatment. He is way out of line, will continue to have problems unless he gets severely set back by this, in other words, scared to death and takes full responsibility for what he's done. With this much "blood in his alcohol" system, they could've done brain surgery on this young man without his even noticing, or they could have waked him up and told him he had hit a school bus full of children, and he wouldn't haveknown the difference. This isn't the way to run your life, he isn't an innocent victim, he needs to change.

Thanks for the advice.