Jacksonville DUI Defense

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Frequently Asked Questions:

Q: What if I already plead guilty at first appearance?

A: If you act within 30 days, you can have your plea vacated and proceed to defend you case.

Q: What about the Field Sobriety Exercises?

A: The Field Sobriety "Exercises" are really a a rather unfair set of tests of your ability to perform certain physical and mental tasks. An officer needs reasonable suspicion of impairment to even request that you take them. There will usually be a video that shows your performance as well as the officer's demeanor and instructions as well as the environmental conditions at the time. Also, any physical problems you may have can mitigate your performance. There are methods of attacking these "exercises" at trial if they're unfavorable and they work in your favor if you did well. You can refuse to perform them though officers sometimes neglect to mention that or imply otherwise.

Q: What about the breath test?

A. There are many ways to attack the results of the breath test. The machine may be unreliable and have provided a false reading. We analyze the specific machine used, the circumstances of its use, and successfully argue to have the results suppressed in many cases. If you blew below the legal limit, it will work in your favor though there may be other factors to consider.

Q: What about a urine test?

A: Many cases hinge on other drugs that may cause the officer's belief in your impairment. Urine tests can reveal tell-tale signs of other drugs in your system but they cannot tell for certain if you were impaired by them at the time you were driving. There are also evidence issues, such as chain of custody and testing method, that can be argued.

Q: What about other evidence against me?

A: You were arrested under a "probable cause" standard, but you must be convicted "beyond a reasonable doubt." It is not always so easy for a prosecutor to get from one to the other with a good defense attorney on your side.
We analyze all the facts and circumstances of your entire case. There are often issues associated with the initial stop or with the officer's reported observations that allow a motion to suppress the evidence to be argued. Depending on the facts, these motions can be devastating to the State's case.

Q: If convicted, what punishment d I face?

A: For first offense, there are court fees, fines, community service, attending some educational classes, and probation. No jail is mandated. The court will also suspend your license for 6 months but a hardship license is an option. If you own a vehicle, you will also have to surrender the license plate for 10 days.
For second and subsequent convictions, the punishment can increase and may include some jail time.
If there was an accident there may be damages or bodily injury, in which case there may be a blood test performed and additional penalties and restitution.
Call to discuss your particular case for a more detailed answer.

Q: Is there any result other than dismissal or conviction?

A: Many times, depending on the particular facts of your case, it is possible to negotiate an alternate charge, such as reckless driving. In such cases you may still have to perform all the DUI educational classes but will be spared the DUI conviction on your record.

Arrested for DUI? What Now?

Driving Under the Influence (DUI) is a serious criminal charge that could be brought against almost anyone in the Jacksonville metro area at one time or another. To be arrested for drunk driving, all the police need is probable cause that your normal faculties are impaired while in physical control of a motor vehicle. The officer can use his or her personal judgment alone to make this determination and take you into custody.

If you are arrested for DUI, there are many questions that come to mind. This is the best first advice you need to hear: Get an experienced Jacksonville DUI Defense attorney quickly. Let me explain why.

The first reason is to try to preserve your driving privilege. You have only ten days from midnight of the date of your arrest to request a hearing on your driver's license status. If this period passes without action on your part, you will automatically have your driving privileges revoked while you defend against the DUI charge and for one year for a first breath or chemical test refusal. By challenging the suspension, you may preserve your driving privilege and possibly obtain valuable evidence about your case.

Second, as the person charged, you cannot negotiate with, or even speak to, the prosecuting attorney who decides whether or not to file formal charges against you or easily negotiate with the attorney eventually assigned to prosecute the case against you. You need a trained and experienced advocate to perform this task on your behalf. Many beneficial things can be accomplished during the pre-charge and pre-trial period and you should never let them pass without representation. And of course, if you plead not guilty and are set for trial, you will benefit immensely from the assistance of an experienced trial attorney to present your case.

Third, in order to maximize your defense options, you need an attorney to request and evaluate the evidence against you. The circumstances that brought you to the attention of the police, the way the police interacted with you, any video of the encounter, any breath, urine or blood test results, and the particular facts of your case are all areas that can be critically important in determining your best defense.

Time is also required to perform any needed investigation on your behalf, obtain defense evidence from police, and to develop and assert any legal defenses that may be found. In short, the earlier an attorney gets involved in your defense, the better able they will be to maximize your options and provide the best chance for the most positive outcome.

The Mosca Law Firm has specialized technical and legal DUI litigation training and experience. Being a trained engineer, having attended DUI trial training, having attended DUI specific legal seminars, and having litigated scores of DUI charges, we are able to uniquely provide the aggressive defense approach you should look for when selecting a DUI defense attorney.

The Mosca Law Firm has even been selected to represent the relatives of other local criminal defense attorneys when those relatives have been arrested for DUI.

Because we're a smaller firm, you can also expect personalized attention and a competitive fee. You will always deal with the same attorney, your calls will always be promptly returned, and you'll be represented at all stages of the process with care. That's our promise to you.

If you've been arrested for DUI, call for a Free Consultation immediately:

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There is never a charge for an initial consultation

The Mosca Law Firm
1054 Kings Ave. Jacksonville, FL 32207