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Michael L. Dear

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Florida Criminal Law Questions and Answers

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DUI / Driving Under the Influence

Driving Under the Influence is the most litigated criminal charge in Florida. There are many aspects of a DUI charge that an experienced DUI lawyer must understand in order to provide competent legal representation to someone accused of DUI. For example, one highly contested component to a DUI charge is the breath test. Litigation throughout the state has drawn the reliability of the Intoxilizer 8000 results into question. An attack on the admissibility of the breath test may be appropriate in your case.

For more information see the Florida law against Driving Under the Influence.

DWLS / Driving While License Suspended, Cancelled, or Revoked

Driving While License Suspended/Revoked/Cancelled/Disqualified can be either civil or criminal. If a driver operates a vehicle without knowledge that his or her license is suspended, the charge is a civil infraction. If a driver operates a vehicle with knowledge of a license suspension, the charge is criminal. Both civil and criminal charges can count toward Habitual Traffic Offender Status. Drivers should be very careful when resolving a Driving While License Suspended/Revoked/Cancelled/Disqualified charge, as entering a plea or paying a ticket can cause the Department of Highway Safety and Motor Vehicles to impose a five year Habitual Traffic Offender suspension in certain cases. If this has happened to you, you may be able to reverse the HTO suspension.
For more information see the Florida law against Driving While License Suspended/Revoked/Cancelled/Disqualified.


Battery is the intentional touching or striking of another person without his or her consent. The State does not need to prove injury to successfully prosecute for Battery. Especially in Domestic Battery cases, the incident can occur in a private setting with no witnesses, leaving the facts in dispute and making the case difficult for the State to prove. The charge of Battery can be enhanced to a felony in many circumstances depending on the status of the victim. For example, Battery on a Pregnant Woman is a felony, as is Battery on a Law Enforcement Officer.
For more information see the Florida law criminalizing Battery.



Possession of Marijuana

Possession of Paraphernalia

Possession of Controlled Substance

Possession of Legend Drug

Felony Drug Crimes


Domestic Violence Battery

Dealing in Stolen Property

Burglary to Conveyance

Burglary to Dwelling

Burglary to Structure

Grand Theft

Petit Theft

Possession of Alcohol by a Minor

Felony and Misdemeanor Crimes

Habitual Traffic Offender Suspension

Violation of Probation

Early Termination of Probation

Expunging and Sealing of Criminal Record