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AV Preeminent Peer Rated Attorneys
Niceville Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Niceville Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).

Florida Criminal Defense Legal Group, PLLC

4.9
22 Reviews

  • Serving Niceville, FL and Okaloosa County, Florida

  • Law Firm with 1 lawyer2 awards

  • If facing criminal charges in Florida, you want the best Florida criminal defense attorney available. Stephen G. Cobb exclusively practices criminal defense, is a certified... Read More

  • DUI/DWI LawyersCriminal Defense, Assault and Battery, and 31 more

  • Free Consultation

Stephen G. Cobb Esq.
DUI/DWI Lawyer
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Michael D. Weinstock, P.A.

  • 795 E. John Sims Parkway, Niceville, FL 32578

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

What would happen if I get pulled over with a suspended license for the first time?

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Answered by attorney Robert E McCall (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Robert E. McCall
Any sanction always depends on the Judge. In my jurisdiction 30 days in the county jail is not unusual.
Any sanction always depends on the Judge. In my jurisdiction 30 days in the county jail is not unusual.

Recent DUI in 2013. Back in 2001, an officer blocked me in my parked car and noticed I had been drinking. DUI was thrown out, but I received reckless.

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Answered by attorney Charles D. Scott (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of Charles D. Scott PLLC
A DUI reduced to a reckless driving charge is still considered alcohol related. The state attorney, the judge and your lawyer all know that you had a DUI that was reduced to an alcohol related reckless driving. Apparently the judge mentioned your prior DUI arrest, but did not sentence you to a second offense, it sounds like you were sentenced as a first time offender. Apparently the court  wanted you to attend the DUI level 2 school for multi offenders. Take the DUI class and do any other things the judge ordered and put it behind you.
A DUI reduced to a reckless driving charge is still considered alcohol related. The state attorney, the judge and your lawyer all know that you had a DUI that was reduced to an alcohol related reckless driving. Apparently the judge mentioned your prior DUI arrest, but did not sentence you to a second offense, it sounds like you were sentenced as a first time offender. Apparently the court  wanted you to attend the DUI level 2 school for multi offenders. Take the DUI class and do any other things the judge ordered and put it behind you.
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At which point does an officer have to read you your rights after being placed under arrest for dui

David William Olson
Answered by attorney David William Olson (Unclaimed Profile)
DUI/DWI lawyer at The Law Offices of David W. Olson
Many folks wrongly but reasonably believe that a police officer must immediately inform an arrested person that he or she has the right to remain silent and other rights.  They are referring to "Miranda" rights, or warnings, which in fact must be provided to an individual by a police officer if two conditions exist: First, the individual must be "in custody."  That doesn't necessarily require handcuffing or the actual restraint of one's physical liberty.  A person is "in custody" if, given all of the attendant circumstances, a reasonable person in the given situation would believe that he or she is not free to leave the presence of the officer.  Secondly, the officer must intend to ask questions of the person who is "in custody." Standard procedure by police in DUI investigations is to not provide Miranda warnings until after "non-testimonial" aspects of the investigation have occurred.  Those would include roadside sobriety tasking and breath, blood or urine gathering.  That is because they know that Miranda warnings may cause an arrested person to not cooperate with that part of the investigation. If a person, without Miranda warnings being provided, at any time during any investigation, states to a police officer that he or she wants to consult with a lawyer, or is unwilling to answer any questions, there can be no interrogation.   So, during the investigation when you mentioned your desire to speak to an attorney, you were then invoking your Constitutional rights to an attorney and to silence.
Many folks wrongly but reasonably believe that a police officer must immediately inform an arrested person that he or she has the right to remain silent and other rights.  They are referring to "Miranda" rights, or warnings, which in fact must be provided to an individual by a police officer if two conditions exist: First, the individual must be "in custody."  That doesn't necessarily require handcuffing or the actual restraint of one's physical liberty.  A person is "in custody" if, given all of the attendant circumstances, a reasonable person in the given situation would believe that he or she is not free to leave the presence of the officer.  Secondly, the officer must intend to ask questions of the person who is "in custody." Standard procedure by police in DUI investigations is to not provide Miranda warnings until after "non-testimonial" aspects of the investigation have occurred.  Those would include roadside sobriety tasking and breath, blood or urine gathering.  That is because they know that Miranda warnings may cause an arrested person to not cooperate with that part of the investigation. If a person, without Miranda warnings being provided, at any time during any investigation, states to a police officer that he or she wants to consult with a lawyer, or is unwilling to answer any questions, there can be no interrogation.   So, during the investigation when you mentioned your desire to speak to an attorney, you were then invoking your Constitutional rights to an attorney and to silence.
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