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.


Florida BUI (Boating Under the Influence) Laws

Brian Mallonee shared a story:

Boating under the Influence (BUI) is one of the most serious “under the influence” charges you can have in Florida. More than one third of all boating fatalities in Florida involve alcohol. One half of all boating accidents in the US involve alcohol. It is a serious problem. If you have been charged with Florida BUI, you should consult with a St. Lucie BUI lawyer immediately.

What is a Florida BUI?

A BUI is similar to a DUI. You can be stopped by federal, state and county law enforcement if you appear to be intoxicated. If your normal faculties are impaired or if your blood-alcohol (BAL) level or breathe-alcohol is 0.08%, you can be charged with a BUI. The state of Florida takes a serious stance on BUIs in order to minimize injuries and deaths from BUIs

Why is a Florida BUI Dangerous?

The US Coast Guard states that “alcohol is more hazardous on water than on land.” This is because of “boater’s fatigue.” Adding heat, sun, noise, wind, glare and boat motion in with alcohol or drugs can add to the boat operator’s physical and mental abilities. However, those factors can also factor into getting charges reduced or dropped.

What are Florida BUI Penalties?

If you go to trial for a BUI, any previous DUIs or DWIs will be considered as well. The reverse to true as well – your BUI will count when a DUI is under legal consideration. If you have a charge of a BUI of 0.08% and NO minors on board, these are the possible consequences:

First BUI Conviction

  • Fine between $250 to $500
  • Imprisonment up to six (6) months

Second BUI Conviction

  • Fine between $500 to $1,000
  • Imprisonment up to nine (9) months

Third BUI Violation (10 or more years after a prior)

  • Fine between $1,000 and $2,500
  • Imprisonment up to twelve (12) months

Third BUI Violation within 10 Year of a Prior (Felony in the Third Degree)

  • Imprisonment up to five (5) years
  • Fourth or Subsequent BUI (Felony in Third Degree)
  • Fine more than $1,000

We will examine additional penalties of BUI in a future blog. These charges are very serious. If you have been charged with a BUI, contact a St. Lucie BUI lawyer right away. You future may depend on it.

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. 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.


Under 21 DUI in Fort Pierce

Brian Mallonee shared a story:

If you have been charged with an under 21 DUI, you should very seriously consider contacting a Fort Pierce DUI attorney.

Zero Tolerance for Underage Fort Pierce DUI

Florida’s Zero Tolerance law means that the penalties will be especially severe. Even one drink will most likely put you over the legal limit. If you have a BAC of 0.02%, you will automatically have your driver’s license suspended for six months. On a second DUI conviction, you will lose your license for one year. For drivers under 18, the law will suspend your license for 6 months and require you to undergo evaluation at an addictions 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. Each refusal after that results in an 18-month suspension.

Serious 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

Just as with an adult DUI, a juvenile DUI will have lasting and life changing impacts. You’ll find that colleges and universities may refuse you admittance, some scholarships will be out of reach, and the military may not allow you to enlist.

What Can You Do?

A good DUI attorney can help you to work through these issues and may even be able to get the charges dropped. If you have a juvenile DUI conviction, you may be able to have it expunged from your record. It is very important that you contact a DUI lawyer as soon as possible.

Brian H Mallonee, Fort Pierce DUI Attorney

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. 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.


Charged with DUI?

Brian Mallonee shared a story:

If you have been charged with DUI near Port St Lucie, you should seriously consider hiring a good defense attorney like Brian H Mallonee. Even a first-time charge is serious that may have consequences for the next 75 years. You need an aggressive defense attorney on your side throughout the entire process.

Charged With DUI

If you charged with DUI consequences are serious ! You could lose your license for up to three years and face stiff fines. Your insurance company can raise your rates or cancel your insurance. You may lose your job or not be able to apply for certain jobs. People with a professional license may lose that license or not be able to qualify for one if in training. You face even stricter punishments if anyone was hurt or killed. For each subsequent DUI, the punishments get even more severe.

Brian H Mallonee

Brian Mallonee has represented thousands of people just like you. In many cases, he gets charges reduced or dropped all together. He may be able to help you.
Many former defendants consider Mallonee law offices as the best for defending drivers accused of DUI. Mr. Mallonee likes a fight and every case is a war to win. He will be there for you from pre-arrest intervention, the investigations and the trial or plea bargaining. His representation continues as needed after the trial, with sentencing mitigation and appeals.

The initial consultation is free, so fill out the online contact form to set up a meeting. Your future is at stake.

When you find yourself in need of a DUI attorney, don’t settle for the cheapest guy in town. Brian H. Mallonee is dedicated to successfully representing every client at the highest level. With his 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 the state of 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.


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.


grabbing keys to drive after drunk

Avoid Serious Penalties This Holiday Season with an Okeechobee DUI Lawyer

Brian Mallonee shared a story:

grabbing keys to drive after drunkIf you are facing a criminal charge or DUI charge, then an Okeechobee Criminal Attorney can help you with a DUI defense claim. Penalties for DUIs differ from state to state, but an Okeechobee DUI lawyer can help you understand the penalties for the state of Florida. Driving under the influence of drugs or alcohol is against the law and it can cause harm to or kill you or others around you. A DUI conviction that carries tough penalties, which include fines and jail time. Most states, if pulled over by the police, will test for DUI on the spot. This involves at least one of various regulated tests that work to detect when blood alcohol levels exist at a level higher than the legal limit, such as breathalyzers and blood tests.

The various specifics of a DUI charge may depend on a number of different factors. An Okeechobee DUI lawyer can help those charged with DUI by exploring the various legal options that may lay at their disposal and answering any questions you may have about your case. In some states, the term “DWI,” which stands for “driving while under the influence,” is used in place of “DUI,” though both terms refer to the same crime in essence. Experienced attorneys have been trained in many different areas of criminal defense and many have personal experience with DUI defense cases.

Before someone can be fully charged with a DUI crime, an investigation must be completed first. Many times, this takes the form of police-organized sobriety checkpoints, during which law enforcement officers attempt to those driving under the influence. Due to the fact that the effects alcohol and other substances wear off in time, these checkpoints (or a routine traffic stop) present a small window for law enforcement officers to obtain evidence that a DUI occurred, so many DUI convictions are dependent upon these traffic stops. An Okeechobee DUI lawyer may also showcase the fact that the prosecution cannot prove who was driving the vehicle when the traffic stop occurred. Perhaps the officer’s ability to judge inebriation is flawed and can be pointed out to the court. There are many ways that a defense attorney can achieve a positive outcome for your case and several of them are centered on highlighting any mistakes that may have been made by law enforcement officers.

Another effective tactic for DUI defenses involve trapping the arresting officers into their given testimonies. A hearing known as a “DMV hearing” is a common aspect of DUI cases in the state of Florida. During this hearing, your defense attorney may request a transcript of the meeting in order to obtain written record of the actual words spoken by the officer(s) during the hearing. This aids us in one of two ways; either the requested testimony forces the officer to avoid changing their testimony during later hearings or the testimony provides clear proof of any discrepancies that may exist between the various testimonies given by an officer.

No matter the situation, a DUI charge is a serious matter and shouldn’t be taken lightly. Don’t let your future hang in the balance; let an Okeechobee criminal attorney provide the legal representation you need in order to get your life back to normal.

When you find yourself in need of an Okeechobee DUI lawyer, 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. Call (772) 464-1991 or contact the Law Office of Brian H. Mallonee online.


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