Archive for the ‘Repeat DUI Offenses’ Category

Florida’s Habitual Traffic Offender Statute: A Conviction that Can Change Your Life

Monday, March 12th, 2012

According to Harvard Health Watch, the average person spends 5 years of their life behind the steering wheel of a car.  That computes to roughly 7% of their lifetime.  If you lose your license to drive, you could face severe, incapacitating consequences.  For instance, if you reside within a metropolitan area, your most likely mode of travel could become practically non-existent without your driver’s license.  This unfortunate consequence is commonplace under Florida’s Habitual Traffic Offender Statute.  A conviction under this statute may ultimately earn you a 5 year (possibly 7% of your lifetime) reversal of your license to drive.

Under Florida’s Habitual Traffic Offender Statute, any person who has been tried and convicted of “3 serious traffic offenses” or “15 moving violations” both of which can occur in any state in the U.S., at any point in time within a period of 5 years can be considered as “habitual traffic offender.”  Events that constitute “serious traffic offenses” include: vehicle offenses resulting in severe injury or in the worst case, death or any other felony motor vehicle infringements.  If an offender drives under a suspended driver’s license, they will, in effect, be in violation of Florida Traffic Laws.

The Department of Motor Vehicles (DMV) will send out notification to drivers who have had their licenses reversed in accordance with Florida’s Habitual Traffic Offender Statute.  It is imperative to take action once you receive notification of your license reversal.  You will have a very small window of opportunity to file an appeal in order to challenge the reversal of your license.  Failure to take action could result in the continuation of the original 5 year suspension.  You may be able to file for a “hardship license” after a 12-month period of time, which may allow you to travel for work or business, but the specific license will only be granted if you are able to prove the suspension of your license has caused a significant financial hardship to you and your family.

Under the Florida Habitual Traffic Offender Statute, you may be convicted of a third-degree felony (punishable by a 5-year maximum sentence in prison and $5000.00 of a maximum fine) if you are charged with driving at any time while your license to drive is rescinded.  Conviction under this statute could seriously affect your life in other ways, e.g., losing your employment because of lack of transportation or the suffering of family members who may depend on you to transport them to school or school-related activities.  This conviction has serious and lasting effects, not just for you, but for those who may depend on your support.  A knowledgeable attorney may be able to help you appeal the suspension of your license or petition for restoration of your license when your 5-year sentence has concluded.  A dedicated and experienced Florida DUI attorney will work hard to protect your best interests and you privilege to drive.

Cognitive Reasoning and Repeat DUI Offenders

Wednesday, August 24th, 2011

Repeat DUI offenders face long prison sentences, increased fines, loss of driving privileges for years sometimes, and loss of jobs. Yet, we see repeat offenders in the courts every day because they constitute about 33 percent of all those convicted of a DUI offense.  A recent study conducted by a psychiatric student in Turkey, however, may offer some insight into why rational people continue to make irrational choices, such as continuing to drink and drive in the face of stiff penalties and prison time. The study suggests that repeat offenders may suffer from a subtle defect that affects their ability to make reasonable judgments associated with alcohol abuse.

The study compared second time DUI offenders with non-offenders on a psychiatric assessment called the IGT, or Iowa Gambling Task, that is used to measure decision-making cognition in problems related to alcohol. The IGT test was designed to simulate real life situations and is recommended for use in detecting problems in patients with neurocognitive impairments.

The recidivists were found to suffer from cognitive impulsiveness, which apparently depends on associating negative experiences with possible negative consequences.  In this context, repeat offenders apparently had difficulty associating the bad experience of a DUI arrest with the negative consequences of a DUI conviction including prison, significant injury to themselves and others, and loss of employment.

Most people consider that a repeat offender should have been well aware of the dangers of drinking and driving but choose to pursue an illegal course of conduct regardless of the consequences.  This study suggests, however, that persons with this defect could not make the rational decision to not repeat the bad behavior that led to such traumatic consequences.

The study may lend some scientific credibility to explain why some people make irrational decisions even though they are not inherently bad people. The findings, if more studies corroborate them, could lead to sensitivity in sentencing and in identifying those at risk for recidivism.

It is not far fetched to use the study in some cases as a possible defense to a repeat drunk driving offense if it can be shown that the offender suffered from this defect that rendered them cognitively impaired, and that their diminished capacity prevented them from making a reasonable judgment not to drive while intoxicated.

Courts treat repeat DUI offenses very seriously so it is important to seek the advice of an experienced Florida DUI attorney.  A Florida DUI attorney can advise you regarding all possible consequences and available defenses to the charges against you.

Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.

Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case.  Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).