Gordon Fenderson News

HARDSHIP LICENSE REQUIREMENTS FOR 3 OR MORE DUI’S

DUI Conviction A third offense that is not within the 10 years of the second conviction will result in a 180 day to one year revocation, unless the last two convictions fall within five years, in which case a five-year revocation will apply. You will not be eligible for hardship license but must wait out…

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WHAT IS A HARDSHIP LICENSE AND AM I ELIGIBLE TO APPLY?

WHAT IS A HARDSHIP LICENSE AND AM I ELIGIBLE TO APPLY? One can apply for a Hardship License to reinstate a suspended or revoked license at different times and after meeting certain criteria. FIRST DUI: For a person who had their first DUI, they may apply 180 days to one year after revocation date. One…

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DUI Arrest Beyond Jurisdiction

DO FLORIDA POLICE OFFICERS HAVE THE RIGHT TO ARREST ME FOR DUI WHEN THEY ARE NOT IN THEIR JURISDICTION? There is no concrete black and white answer to this question. The answer is; sometimes yes and sometimes no. Generally speaking, police officers have no right to arrest citizens outside of their jurisdictions. Sometimes adjoining cities…

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REFUSING A BREATHALYZER TEST TWICE IS A CRIME!

REFUSING A BREATHALYZER TEST TWICE IS A CRIME! In Florida, simply by having a Florida State Driver’s license, you have implicitly consented to providing urine and breathe samples upon request (where the officer has probable cause). If you refuse to provide this, the penalties get steeper and steeper depending on the number of times you…

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POLICE CAN DRAW BLOOD IN LIMITED CIRCUMSTANCES REGARDING DUI CASES

POLICE CAN DRAW BLOOD IN LIMITED CIRCUMSTANCES REGARDING DUI CASES A police officer pulls a man over who wreaks of booze. She clearly asks for his registration and license and then upon running it she returns and asks him to step out of the car. The man stumbles out of the car, with beer cans…

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Will I lose my license for a DUI?

Will I lose my license for a DUI? Any person who has a Florida driver license has, whether they are aware or not, implicitly consented to submit to a breath, blood, or urine test requested by police who has probable cause to believe they are under the influence of drugs or alcohol and are operating…

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Can Police Search Your Car After a DUI?

Can Police Search Your Car After a DUI? Can Police Search Your Car After a DUI?  They must have probable cause to sniff or search the car prior to putting a hand (or nose) near your vehicle. The Florida courts state that clearly the Officer must have probable cause to conduct any kind of search…

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Improper DUI Arrest

What Does an Improper DUI Arrest Look Like? Let’s take a look at your DUI rights from the perspective of an fictitious client: One day, I was working in the garage with the door open. I had been reorganizing all of my tools and getting rid of “clutter,” per my wife’s request. It was approximately…

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Driving Under the Influence Facts

Driving Under the Influence Facts You are pulled over and told that you are suspected of driving under the influence. The Officer states he is waiting for another Officer to arrive to proceed. Over an hour later, you are still waiting. This constitutes an unreasonable delay that will likely blow the state’s case out of…

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Do I Have to Submit to a Field Sobriety Test When Stopped in Florida?

Do I Have to Submit to a Field Sobriety Test When Stopped in Florida? You are driving home from an early gym class and you are worn out. Eager to go home and shower you reach for your water bottle and slightly touch the double line. Almost instantly you see lights in your rear view…

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