Florida Refusal to Blow Is Now a Misdemeanor Florida has changed its DUI laws, and drivers need to know: refusing to blow after a DUI arrest is now a misdemeanor charge, even on a first refusal. What used to be only a license suspension can now lead to arrest, jail time, probation, and a criminal record. New Penalties for a....

Florida Department of Law Enforcement Automatic Sealing of Criminal Records In Florida, the automatic sealing of criminal records is governed by Florida Statute § 943.0595. This statute allows for the automatic sealing of certain criminal records under specific circumstances, without the need for a court petition. What is Automatic Sealing? Automatic sealing occurs when the Florida Department of Law Enforcement....

How to Apply for a Hardship License in Florida After Your First DUI Arrest A DUI in Florida can result in administrative and court ordered suspension of your driver’s license, often for six months to a year, depending the circumstances. Fortunately, the state allows eligible individuals to apply for a hardship license—a restricted license that permits driving for business purposes....

Old Habits Die Hard In State v. Fortin, 2024 Fla. App. LEXIS 2133 (March 20, 2024), the Fourth District made clear its view that, despite recent changes in Florida law regarding medical marijuana and hemp, the plain view and plain smell doctrines have continued validity. Under the facts of the case, the appellate court revered holding “as a matter of....

Avoiding the Payment of Debts Does Not Amount to Grand Theft Lisandra Gutierrez was convicted and sentenced for First Degree Grand Theft and Second Degree Grand Theft following a trial by jury. The prosecution presented evidence of her alleged fraudulent actions during a bankruptcy proceeding. Her lawyer appealed, arguing that admission of the evidence was an error as any fraudulent....

“Felon in Possession of a Firearm” On August 21, 2024, Florida’s Fourth District Court of Appeal decided the appeal filed in Rock v. State, 2024 Fla. App. LEXIS 6526, 49 Fla. L. Weekly D 1741, 2024 WL 3882110, in favor of the accused. Mr. Rock was convicted after a trial as “a felon in possession of a firearm,” in violation of Fla.....