Port St Lucie DUI Attorney

Brian Mallonee shared a story:

If you are one of approximately 55,000 Floridians are cited with a DUI every year, you should seriously consider hiring a DUI attorney. If you live in St. Lucie, Indian River, Okeechobee or Martin Counties, Brian Mallonee is possibly the best St Lucie DUI attorney.

St Lucie DUI Implied Consent Law

When you sign your Florida driver’s license you agree to take a blood, urine or breath test on request. If you refuse, your license will be automatically suspended for one year. The second time this happens, you will lose you license for eighteen months. There are situations that can mitigate these suspensions, so talk to a good Port St Lucie DUI attorney immediately.

Ignition Interlock Devices

Under certain circumstances, your first DUI may result in an ignition Interlock Device. These devices will not allow a car to start if the driver has alcohol on his/her breath. For instance, if your BAC was 0.20 or you had a minor in the car, you may have one of these installed. At the time of writing, it costs $70 to have one installed and $67.50 a month for monitoring, plus $100 refundable deposit. You must also spend about 45 minutes a month to have the device calibrated.

What are Other Penalties for a DUI?

If you are looking at your first conviction, you face serious and expensive penalties.
• Fine – $250 to $500
• License Revocation – Minimum of 180 days
• DUI School – 12 Hours

In addition, you may have additional penalties from community service to jail time.
• Community Service – 50 Hours
• Probation – Not more than 1 Year
• Imprisonment – Not more than 6 Months
• Imprisonment with BAL of .08 or higher with a minor in the vehicle- Not more than 9 months

Your insurance will suffer for literally the next 75 years, because that is how long a DUI conviction stays on your driving record. A good DUI attorney can help you avoid some or even all these penalties.

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. With 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.


Illegal Traffic Stops And Searches

Illegal Traffic Stops And Searches Near Okeechobee Music Festival In St. Lucie County, Florida

Brian Mallonee shared a story:

Illegal Traffic Stops And Searches Illegal Traffic Stops And Searches May Have Been Conducted By Overzealous Police Near Okeechobee Music Festival In St. Lucie County, Florida

Of those that attended the Okeechobee Music Festival this past weekend, 99 had heir weekend abruptly ruined when they were arrested. According to TCPalm News, these arrests included alleged charges of drugs and narcotics such as marijuana, mushrooms, ecstasy, LSD, cocaine, hydrocodone, heroin, and synthetic marijuana.

The question is; were these arrests legal and will the charges hold up in court?

This past weekend, law enforcement waged a war on drugs at the Okeechobee Music Festival in Saint Lucie County Florida. With “amnesty boxes” placed at the entrance, drug-sniffing dogs at the event, and even what seems to have been an entire task force dedicated to pulling cars over as they left the festivities, it is clear that law enforcement officers had one thing in mind.

That one thing was to make arrests and a lot of them. But, those arrested at the event have hope.

The 4th Amendment to the United States Constitution places restrictions on the power of the police to make these arrests; search people or property at the event, and seize contraband (such as illegal drugs or weapons). These restrictions are the foundation of search and seizure law. Some or many of those arrested this weekend may have had their rights violated by overzealous police looking to make more arrests. Some or many of these searches may have been unlawful. Subsequently, anything found in an illegal search may not hold up in court.

If you know someone that was arrested at the festival over the weekend, it may be a good idea to put them in touch with narcotics defense attorney Brian Mallonee at (772) 464-1991.

Brian Mallonee is a drug & narcotics defense lawyer based in Saint Lucie County. He takes a creative and aggressive approach to every case he handles. His goal is always to get the charges reduced or dropped. This is often done by challenging the search and seizure conducted by the police. Brian Mallonee has dedicated his legal career to defending people accused of crimes. His success in representing the criminally accused — particularly in winning the “unwinnable” case — is well documented.

As a result of multiple arrests this weekend, The Law Office of Brian Mallonee is offering a free consultation to anyone arrested near, during or after the Okeechobee Music Festival. Parents of those arrested are also encouraged to call, even if they are from out of state.


Florida’s New Laws for DUI Administrative Suspensions and Reviews

Brian Mallonee shared a story:

Beginning July 1, 2013, the rules for the administrative suspension of a driver’s license after a DUI arrest, and the right to review that administrative suspension will change.

Changes to Florida’s DUI Administrative Hearings

For individuals who have never been accused of DUI or a related offense, the individual will now have three choices:

1. request an informal review hearing;
2. request a formal review hearing; or
3. request a review of eligibility for a “Business Purpose Only” restricted driving privilege which waives the right to a formal or informal review hearing.

We have been informed by the DMV that it is not the dated that the person requests the hearing that controls, but the date of the DUI arrest. Under that reading, if the arrest and notice of suspension are dated June 30, 2013, then the person does not have the option of avoiding the hard suspension by immediately requesting a “review of eligibility.” But if the DUI arrest and notice of suspension are dated July 1, 2013 or later, then the new rules control.

It is also our understanding that if the DMV determines the individual is not eligible, then the DMV will still let the individual request the formal review hearing as long as the request is made within the 10 days of the arrest. When you first look at it, this looks like a big improvement over the current rules. [It might put a few hearing officers out of a job and save the tax payers a lot of money on the officer’s overtime pay].

But here is the problem. That decision must be made within the first 10 days after the DUI arrest when the notice of suspension is issued. So the attorney has no idea what documents might be submitted into the record if a formal review is requested. In other words, the attorney will have to advise the client about waiving this important right before the attorney knows anything about the case. Once you request the formal review hearing, then you cannot later change your mind and request the “review of eligibility.”

Secondly, the client is being coerced into waiving a very important right with long lasting consequences. This is especially true since a second refusal can be charged as a separate crime.

Maybe that was the point. It would be hard to imagine a case in which my client would want to risk a 30 or 90 day hard suspension on a chance of winning a hearing to invalidate the suspension. Most people need to drive to work, so it seems like this new rule will coerce people into waiving this important right.

Individuals with a prior DUI conviction or administrative suspension will still want to request and litigate all issues at a formal review hearing since there is no downside to the request (at least as far as I can tell at this moment). It would be better if the attorney could request the formal review hearing, review the packet, advise the client on the chances of success at the formal review hearing, and then decide to waive the formal review hearing by requesting review of eligibility for the restricted driving privilege. But it doesn’t look like that is allowed.

Florida Statute Section 322.2615

Effective July 1, 2013, Florida Statute Section 322.2615. “Suspension of license; right to review” will provide: “[t]he driver may request a formal or informal review of the suspension by
the department within 10 days after the date of issuance of the notice of suspension or may request a review of eligibility for a restricted driving privilege under s. 322.271(7).”

Florida Statute Section 322.271(7)

So who is eligible for a restricted driving privilege under Florida Statute Section 322.271(7)?

Effective July 1, 2013, Florida Statute Section 322.271(7) will provide: Notwithstanding the provisions of s. 322.2615(10)(a) and (b), a person who
has never previously had a driver license suspended under s. 322.2615 [an administrative suspension], has never been disqualified under section s. 322.64 [related to operating a commercial vehicle while under the influence], has never been convicted of a violation of s. 316.193 [DUI], and whose driving privilege is now suspended under section s. 322.2615 is eligible for a restricted driving privilege pursuant to a hearing under section (2).

(a) For purposes of this subsection, a previous conviction outside of this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, or any other alcohol-related or drug-related traffic offense similar to the offense of driving under the influence as provided in s. 316.193 will be considered a previous conviction for a violation of s. 316.193, and a conviction for violation of former s. 316.028, former s. 316.1931, or former s. 860.01 is considered a conviction for a violation of s. 316.193.

(b) The reinstatement shall be restricted to business purposes only, as defined in this section, for the duration of the suspension imposed under s. 322.2615.(c) Acceptance of the reinstated driving privilege as provided in this subsection is deemed a waiver of the right to formal and informal review under s. 322.2615. The waiver may not be used as evidence in any other proceeding.

A few other changes:

  • Someone other than a DHSMV employee can be designated as a hearing officer
  • The hearing officer may conduct hearings using communications technology
  • The motion to enforce the subpoena for a witness that fails to appear is now filed with the judge in the criminal case and the client is entitled to an extended driving permit during the time it takes to enforce the subpoena Under 322.2615(11), if the arresting officer or the breath technician fails to appear pursuant to a subpoena as provided in subsection (6), the department shall invalidate the suspension. If a witness other than the arresting officer or breath technician fails to appear, then the driver can seek enforcement from the judge in the criminal case.

What can I expect if I call Brian Mallonee concerning my DUI arrest?

You can expect: A free initial consultation with Brian Mallonee. Personalized attention. We will return your phone calls promptly, keep you informed, and answer all questions to help you put the pieces back together. Reasonable Fees. You will know in advance how you will be charged. Experience. Brian H. Mallonee has handled 100’s of DUI cases. Aggressive Representation. Brian Mallonee will zealously guard your rights throughout the entire process. So, if you want a DUI criminal attorney in Fort Pierce, Port St. Lucie, Vero Beach, Stuart, or Okeechobee that you can talk to, who understands what you want, who is interested in you and your situation, and who fights to get you results, contact Brian Mallonee at 772-464-1991.

Criminal Defense Specialties in Saint Lucie County Florida
Federal Crimes | State Crimes | Computer & Sex Crimes | DUI & DWLS | Drug & Narcotic Crimes
Violent & Gun Crimes | Theft & Property Crimes | Juvenile Crimes
Probation Violations | Record Sealing