Contact a Treasure Coast DUI Attorney

Brian Mallonee shared a story:

You’ve gotten a DUI and want legal representation. However, you’re worried about the process. Please remember, your lawyer doesn’t sit in judgement of you. An attorney’s job is to represent you. Under our laws, everyone is entitled to legal representation. Here’s a simple guide to choosing and talking to a Treasure Coast DUI attorney.

When to Hire a Treasure Coast DUI Attorney

Hire an attorney if:

  • You have multiple DUI cases
  • Your DUI resulted in an injury or death
  • A DUI charge affects your employment
  • Your blood alcohol limit more than double the state limit
  • A DUI charge prevents you from getting a professional license
  • You do not know or understand DUI laws

How to Find a Good Treasure Coast DUI Attorney

You are taking the first step by reading about different attorneys. It is very important that you be comfortable and confident in your attorney. Pick someone who is qualified AND makes you comfortable. Contact the Florida State Bar to ensure your lawyer is in good standing and has the relevant experience Ask other attorneys, friends, and family for recommendations.Check online reviews.

What to Ask Your Attorney

  • What is the difference between plea bargaining and sentence bargaining?
  • How can either help my case?
  • What if an injury or death occurred?
  • Should I plead guilty?
  • What are possible penalties?

What Can an Attorney Do for You

Your lawyer’s job is to represent you. S/he will look for errors by law enforcement, legal loopholes, and extenuating circumstances. Their job is to make a bad situation as good as it can be. Having a lawyer will:

  • Give you someone who has understanding of the law to invest in your case
  • Give you someone to guide you through the complicated legal system
  • Work to get charges reduced
  • Give you legal guidance through both the criminal and civil system
  • Give you your best chance to avoid severe and expensive penalties

Brian H Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Unreasonable Florida DUI Laws

Brian Mallonee shared a story:

Driving and boating while intoxicated are serious offenses in Florida. You can get a drunk and disorderly for walking while intoxicated. You can also get a DUI if you are not even driving your vehicle. These are unreasonable Florida DUI laws.

Arrested for Sitting in Your Car

Police can charge people with DUI if the person is “in actual physical control” of the vehicle. The law originated to help law enforcement charge drunk drivers with a DUI after a crash. Now, it is used to prevent DUIs. To this end, non-driving but intoxicated individuals are arrested and charged with DUI.

Law enforcement looks at several factors before charging a non-driver with DUIs. The main question is whether the person can drive the car at a moment’s notice. If the keys are in the ignition or the defendant’s pocket, the car could be readily drivable. You can be charged if the car is running, even if you are in the back seat and asleep. If the hood is warm, police can assume the occupant was driving. And finally, the police will check to see if the car is operable.

If you were arrested under Florida unreasonable DUI laws, you should consult an attorney like Brian H. Mallonee. You may be trying to do the right thing – not driving drunk – but lose your rights anyway.

Arrested for Being a Passenger

Passengers in Florida have been arrested for riding in a car. There are a few situations where police can issue DUI or open container violations.

A passenger holding, drinking from, or sitting near an open container of alcohol can be cited for open container. If you are the DD (designated driver), make sure you put any alcoholic containers in the trunk.

Another scenario involves suspicion that the driver and passenger switched positions. Intoxicated passengers have been arrested as the driver. The sober driver was assumed to be a passenger.

If you have been arrested for being a passenger, you should consult an attorney like Brian H. Mallonee.

Arrested for Suspicion of Drunk Driving

A final situation involves someone calling in your license plate for observing you swerving or driving recklessly. If you are intoxicated when the police arrive, you can be arrested for DUI.

Florida’s DUI laws are on the verge of becoming thought crimes. While you should never drink and drive, you can be arrested for doing the right thing. If this has happened to you, you should seriously consider contacting Brian H Mallonee. Your future and your rights are at stake.

Brian H. Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Brian Mallonee

Choosing a DUI Attorney

Brian Mallonee shared a story:

Getting a DUI is a serious charge. It can affect you for the rest of your life, or the next 70 years. When choosing a DUI attorney, you need the best representation to navigate the court system. Attorney Brian Mallonee has a proven track record of defending clients who need an aggressive attorney on their side. But don’t just take his word for it.

Choosing a DUI Attorney

One way to find the right attorney is to contact the Florida State Bar. Make sure your lawyer is in good standing. They also need relevant experience. Another way is to ask other attorneys for recommendations. Ask friends and family. Check out online reviews and websites.

Before settling on one attorney, ask

  • How many DUI cases have you defended?
  • How well do you know Florida law and DUI law?
  • What percentage of the practice is devoted to DUI/DWI?
  • How much of my case will you personally handle?

Cost

The initial consultation is generally free. When choosing a DUI attorney, you should ask about

  • Retainers (a down payment toward your final bill)
  • If your case will be billed on a flat fee or by the hour
  • If your attorney offers payment options
  • Other expenses such as court fees
  • What is included in the legal fees

What to Expect from Brian Mallonee

  • A free initial consultation with Brian Mallonee
  • Personalized attention including answering all your questions, returning phone calls, and letting you know what the next steps
  • Reasonable fees – I will tell you in advance how you will be charged
  • Years of experience as a DUI/DWI attorney in Florida and along the Treasure Coast
    Aggressive representation

Questions Brian Mallonee can Answer

What is the difference between plea bargaining and sentence bargaining?

  • How will bargaining help my case?
  • What are possible penalties?
  • Should I plead guilty?
  • What if an injury or death occurred?

What to Bring to the First Meeting

All paperwork that includes charges against you

  • Your next court date
  • Bail papers
  • Police report
  • All other paperwork you have received
  • Names of all people involved in your case including witnesses

About Brian Mallonee

If you need of a DUI attorney in Fort Pierce/Port St. Lucie, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. With an extensive history of winning difficult cases, Brian Mallonee is the right person for your difficult case. Rest assured one of the most aggressive, distinguished defense attorneys in Florida in handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Under-21 DUI

Brian Mallonee shared a story:

There are lots of reasons NOT to drink and drive. If you are under 21, there are even more reasons to avoid drinking and driving. If you get an under-21 DUI, you really need the services of a DUI attorney. Your future literally depends on it. You may lose the ability to apply to certain colleges and universities. You’ll be unable to apply for certain scholarships and may not be able to enlist in the military. In addition, you may not be able to apply for professional licenses.

Florida’s Zero Tolerance Law

If your BAC is 0.02% you automatically lose your driver’s license for six months. You can have a 0.02% BAC after only one drink! If you are under 18, the law suspends your license for 6 months.  You’ll be required to undergo evaluation at an addiction facility or complete an alcohol education program.

Refusing to Take Chemical Tests

Refusing to take a blood, breath or urine test won’t help you. If you do refuse, your license will be suspended for one year. You agreed to that when you signed your license. Each subsequent refusal af results in an 18-month suspension.

Consequences for Under-21 DUI

For underaged drivers who have a BAC over 0.08%, you will face the same consequences as an adult driver. These include:

  • License Revocation – At least 180 days
  • Fine – $250 to $500
  • Imprisonment – Up to 6 Months
  • Imprisonment with BAL of .08 or higher, minor in the vehicle- Up to 9 months
  • Probation – Up to 1 Year
  • DUI School – 12 Hours
  • Community Service – 50 Hours

Expunging Records

Under certain circumstances, you can have your juvenile records sealed or expunged. This can be complex with an under 21 DUI, so talk to an attorney like Brian Mallonee. He will advise you and will file the proper motions and paperwork to erase this episode from your past.

If you have been charged with an under-21 DUI, don’t despair. Brian Mallonee knows the law and knows how easy it is to not conduct tests properly. He wants to help you.

Brian H Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


DUI in Fort Pierce

Brian Mallonee shared a story:

Florida law enforcement can sometimes be overly enthusiastic about stopping suspected drunk drivers. You may be wrongly stopped for DUI in Fort Pierce after a Thanksgiving or Christmas party. If this happens to you, don’t go it alone. You need a respected and aggressive defense attorney on your side. Brian Mallonee is just such a lawyer.

Brian Mallonee handles DUI cases in the Treasure Coast region, including Port St. Lucie or Fort Pierce. Contact him. The initial consultation is always free.

First Time DUI in Fort Pierce

First time penalties for a DUI are pretty intense, and they only increase with each DUI, BUI or injury/death. For a first conviction, you may face some or all of these penalties.

  • Fine – $250 to $500
  • License Revocation – Minimum of 180 days
  • DUI School – 12 Hours
  • Community Service – 50 Hours
  • Probation – Up to 1 Year
  • Imprisonment – Up to 6 Months
  • Imprisonment with BAL of .08 or higher with a minor in the vehicle- Up to 9 months
  • Ignition Interlock Devices
  • $70 to have one installed and $67.50 a month for monitoring, plus $100 refundable deposit
  • 45 minutes a month to have the device calibrated

In addition to these legal penalties, your insurance company may raise your rates or cancel your insurance all together. You can lose your job. You may be restricted in what jobs you can apply for. There are even stricter punishments with injuries or death.

Many people consider Brian Mallonee’s law offices as the best when it comes to defending drivers accused of DUI.

He likes a good fight and looks at every case as a war to win. Regardless of what legal services you need to fight your DUI, Mr. Mallonee will be there for you from the early days of intervention, through investigations and trial or plea bargaining. If needed, his representation continues after the trial with sentencing mitigation and appeals.

Brian H. Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Choosing DUI Lawyer

Brian Mallonee shared a story:

Since you are searching for information on Florida DUIs, you or a loved one may have been charged with a DUI. Here are a few tips on choosing DUI lawyer for your case. If the St. Lucie Law Office can be of assistance, please fill out an initial contact form or give us a call.

Choosing DUI Lawyer

Asking friends and family for recommendations when choosing DUI lawyer is a good way to start. But, since you need to feel confident with your lawyer, you might want to do a bit of research. Contact the Florida State Bar to make sure your lawyer is in good standing and has relevant experience. If you know an attorney in another specialty, ask for recommendations. You can always check out online reviews and websites.

Take time to ask:

  • How much of my case will the lawyer personally handle?
  • What percentage of the practice is devoted to DUI/DWI?
  • How many DUI cases has the lawyer defended?
  • How well do he/she know Florida law and DUI law?

Remember, it is your time, money, and future on the line. Make sure that your chosen lawyer can adequately represent you. Don’t worry about hurting our feelings by choosing someone else.

Cost of Representation

The initial consultation is generally free. Make sure you understand how and how much you will pay. Each attorney is different, so make sure you ask.

Retainers are a down payment toward your final fees. Ask what fees are included in your billing. These may include court fees. Ask how your case will be billed, generally a flat fee or by the hour. Each has its own benefits and drawbacks. Some lawyers will allow you to set up payment plans.

Brian H Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. Rest assured one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Best St Lucie DUI Lawyers

Brian Mallonee shared a story:

Brian Mallonee is one of the Treasure Coast’s preeminent defense lawyers. If you need a defense lawyer, especially for a St. Lucie DUI, you should seriously consider contacting Mr. Mallonee, one of the best St Lucie DUI lawyers.

History

Mr. Mallonee has many years of experience as an investigator and defense lawyer. Mr. Mallonee became a licensed private investigator when he was 19 years old. During this, he learned how to “pound the pavement” in the pursuit of information and witnesses. Later, he attended law school at Southern Methodist University in Dallas, Texas. He graduated in the top half of his class. In 1999, he joined the Vero Beach Public Defender’s office. In 2003, he opened his law office.

Reputation

Mr. Mallonee is  a take-charge advocate and a disciplined trial lawyer. Since he began his career as a licensed PI, he understands how investigations work. He uses that experience for every client. His experience includes all investigations surrounding the case, negotiating sentences, plea bargaining, bench and jury trials, appeals, and post-conviction issues.

Mr. Mallonee wins cases other lawyers would not attempt. Your case may seem hopeless, but Brian Mallonee has won many cases just like yours.

He can help you. Contact him today for a free case evaluation.

Professional Ratings

Martindale-Hubbell Peer Review Ratings – Mr. Mallonee is rated AV Preeminent. An AV Preeminent ranked lawyer is one that other lawyers respect and would choose as their own lawyer. If other lawyers think so highly of Brian Mallonee, how can you go wrong?
Criminal Trial Law Board Certified: The Florida Bar recognizes attorneys’ knowledge, skills and proficiency in specific areas of law. It also takes into account professionalism and ethics in practice.

Brian H Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. Rest assured that one of the most aggressive, distinguished defense attorneys in Florida is handling your case. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Biking While Intoxicated – Also a BUI

Brian Mallonee shared a story:

Florida’s DUI laws state that drivers with a BAC of 0.08% or higher can be charged with a DUI. Most people don’t realize that you can be charged with a DUI if you are biking while intoxicated. Since a bicycle is considered a vehicle under Florida law, you must follow traffic laws. This includes laws governing drinking, or using drug or medications that may impair your abilities. If you have been charged for biking under the influence, you should consider calling a DUI attorney.

Bicycling Statistics

Florida leads the nation in bicycle fatalities. And many of those fatalities involve alcohol. Florida takes any type of DUI seriously, whether it be with a car, boat, motorcycle, or bicycle. In 35% of accidents that caused a bicyclist’s death, either the driver or the bicyclist had blood alcohol concentrations of 0.08% or higher.

Florida Cases

A number of biking DUI cases have worked their way through our legal system. In general, these cases have confirmed that bicyclists must follow vehicular laws, and punishments can be part of cumulative DUI punishments. A bicycling DUI can be added to your DUI total.

BUI Conditions

Just as with a DUI, you can be stopped for probable cause. You may be asked to take a blood, breath or urine test. This is a grey area because you do not have to have a license to operate a bicycle. However, if you fail the test, have drugs on your person or bike, or admit you were intoxicated, you can be charged with a DUI.

What are Biking While Intoxicated Penalties?

If this is your first conviction, you can face serious and expensive penalties. The courts have, in general, upheld these punishments for a biking while intoxicated conviction.

  • Fine – $250 to $500
  • DUI School – 12 Hours
  • Community Service – 50 Hours
  • Probation – Not more than 1 Year
  • Imprisonment – Not more than 6 Months

Plan Ahead

You may think that biking home from the bar is safer than driving. It may or may not be, but remember it carries the same penalties as drunk driving. Unfortunately, in Florida, walking home can land you in jail, as well. So, plan ahead, and use a taxi or designated driver. However, if you are charged with a DUI or BUI, remember that Brian Mallonee may be able to help you.

Brian H Mallonee

When you find yourself in need of a Fort Pierce DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. He has an extensive history of winning difficult cases. You can rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Differences between a Florida DUI and BUI

Brian Mallonee shared a story:

What are the differences between a Florida DUI and BUI? Not much. Florida treats both charges with seriousness. That is why you should treat your arrest of BUI or DUI seriously.

The Differences between a Florida DUI and BUI

One difference is what happens if you refuse a BAC test. With a road vehicle, you will lose your driver’s license. With a boat, you will receive a $500 fine. It’s part of signing your driver’s license.

The other is an ignition interlock device. They can be installed on your car, but not your boat. Since Florida doesn’t require an operator’s license for your boat, you can’t have your boating license revoked.

Florida DUI and BUI Penalties

The following chart shows what can happen to you with a Florida DUI and BUI conviction. Remember that BUIs and DUIs are cumulative. If you already have a BUI or a DUI, a second conviction of either bumps you from first time offender to second time offender.

1st offense DUI BUI
Monetary penalty $250 to $500 $250 to $500
Imprisonment Up to 6 Months Up to 6 Months
Ignition Interlock Yes No
License Revocation Minimum of 180 days No
Vehicle Impoundment Impoundment for 10 days Impoundment for 10 days
DUI School 12 Hours  
Community Service 50 Hours 50 hours
Probation Up to 1 Year Up to 1 year
BAC refusal Suspension of license for 1 year $500
Drug treatment evaluation Possible Possible
BAC of at least .15% or passenger under 18 years old Second Degree Misdemeanor

Up to 9 months in jail

Fines from $1,000 to $2,000

Second Degree Misdemeanor

Up to 9 months in jail

Fines from $1,000 to $2,000

Accident involving property damage or minor injuries to another First Degree Misdemeanor

Up to $1,000

Up to 1 year in jail

First Degree Misdemeanor

Up to $1,000

Up to 1 year in jail

Accident involving serious injury to another Third Degree Felony

Up to $5,000 fine

Up to 5 years in prison

Third Degree Felony

Up to $5,000 fine

Up to 5 years in prison

Accident involving death of another Second Degree Felony

Up to $10,000 fine

Up to 15 years in prison

 

First Degree Felony

Up to $10,000 fine

Up to 30 years in prison

Second Degree Felony

Up to $10,000 fine

Up to 15 years in prison

 

First Degree Felony

Up to $10,000 fine

Up to  30 years in prison

 

What can a DUI and BUI Attorney Do?

A Florida DUI and BUI attorney like Brian Mallonee will use grey areas in your defense. For instance, in a boat, it can be hard to determine who was the operator. The Florida state statute F.S. 327.02(27) defines an operator as the person in charge of, in command of, or in physical control of a vessel. It is not always easy to tell who was the operator and law enforcement can make a mistake.
Probable cause is also an issue. A law officer must have probable cause to stop your car, but not your boat. This skirts very closely to a 4th Amendment violation.

The roadside sobriety tests used by law officers can be a challenge on the water. It can be a challenge to walk a straight line on a rocking boat. This makes refusing a subsequent BAC test and the resulting penalties suspect.
If you have questions about your BUI/DUI charge or think that it was wrongly issued, contact Brian Mallonee. Your initial consultation is free. The penalties are too great to take a chance on a conviction.

About Brian H. Mallonee

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. The law office of Brian H. Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in Florida. Contact Fort Pierce criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.


Florida BUI Checkpoints

Brian Mallonee shared a story:

 

One of the most dubious parts of BUI enforcement is the use of BUI checkpoints. If you were stopped at a BUI checkpoint and charged with a BUI, you may be in trouble! Seriously consider contacting a BUI attorney like Brian Mallonee.

BUI Checkpoints in Florida Waterways

Florida takes BUI very seriously. To that end, they have the authority to set up floating BUI checkpoints. Just like a DUI checkpoint, the officer must make a judgement call on whether or not you have been drinking to the point of legal intoxication. Because of this, they can make mistakes. You might be an inexperienced boater, suffering from sea sickness, or from the boat’s motion. Yo may be suffering from “boater’s fatigue.”

If you believe you were wrongly charged, don’t delay in contacting a BUI attorney like Mr. Mallonee.

Who Can Operate BUI Checkpoints?

Any law enforcement officer can enforce boating safety laws. The US Coast Guard, Florida Fish and Wildlife officers, and sheriff deputies are empowered to work Florida’s waterways and seaways.

Not only can they set up checkpoints, but they can stop you for safety checks, fishing compliance and for violating speed or wake regulations. They can even require you to leave the water.

Depending on where you were stopped, you may be prosecuted in either state or federal courts. It’s a bit complicated, so consider talking to an attorney.

What Types of Watercraft are Included in BUI Checkpoints?

Motorized watercraft (yachts, yacht tenders, jet skis, wave runners, pontoon boats, runabouts, cabin cruisers, go-fast boats, airboats, inflatable or semi rigid boats) seem to get most of the BUI focus. However, non-motorized watercraft are included. These include sailboats, kayaks, paddleboards, canoes, and non-motorized inflatable or semi rigid boats. The list includes both work and pleasure boats, foreign and American flagged.

What Can Happen After a BUI Charge?

A BUI can lead to a criminal record, probation or jail time, fines, community service, and loss of your boat. The charges are compounded. A BUI counts against your DUI record. For instance, if you have one DUI, a BUI is considered as a second DUI with the associated consequences.

About Brian Mallonee

When you find yourself in need of a DUI attorney in Fort Pierce, don’t settle for the cheapest guy in town. The law office of Brian H Mallonee is dedicated to successfully representing every client at the highest level. Mr. Mallonee has an extensive history of winning difficult cases. Rest assured that your case is being dealt with by one of the most aggressive, distinguished defense attorneys in the state of Florida. Contact Port St Lucie criminal lawyer Brian Mallonee at (772) 464-1991 or online, and take your first step towards a successful resolution to your criminal matter.