Category: Blog

A commercial driver’s license (CDL) is essential for truck drivers and other professional drivers in Florida. However, if your license has been suspended or revoked, you must go through the license reinstatement process to regain your driving privileges. Whether the suspension resulted from traffic violations, unpaid traffic tickets, or other issues, understanding the proper steps can help you get back on the road.

Common Reasons for a CDL Suspension

A CDL can be suspended for several reasons, including:

• Traffic violations – Serious offenses or accumulating too many points on your driving record
• DUI or drug-related offenses – Operating a commercial vehicle under the influence
• Child support delinquencies – Failing to pay child support
• Unpaid traffic tickets – Not resolving outstanding fines or court-ordered fees
• Failure to comply with federal regulations – Violating Department of Highway Safety and Motor Vehicles (DHSMV) or Federal Motor Carrier Safety Administration (FMCSA) rules
• Habitual traffic offender status – Multiple violations leading to a longer suspension

Steps to Reinstate Your CDL in Florida

1. Determine the Reason for the Suspension

The process to reinstate your CDL will vary depending on the reason for the suspension. You can check your license status through the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) website.

2. Satisfy Any Court or DMV Requirements

Depending on the violation, you may need to:

• Pay outstanding fines or fees
• Complete a court-ordered driving course
• Provide proof of insurance
• Submit clearance information for child support payments or other obligations

3. Complete a Hardship License Application (If Eligible)

If your CDL is suspended, you may qualify for a hardship license to drive non-commercial vehicles. However, this will not allow you to operate commercial motor vehicles during the suspension period.

4. Pay Reinstatement Fees

The fees for CDL reinstatement depend on the type of suspension or revocation. You may need to pay:

• A reinstatement fee
• Additional fines for specific violations
• Testing fees if required to retake exams

5. Take Required Tests (If Applicable)

For certain suspensions, CDL holders may need to retake the written or skills test to qualify for full reinstatement.

6. Submit Documentation and Reinstate Your License

Once all requirements are met, you can visit a local Florida Department of Highway Safety and Motor Vehicles office to finalize your CDL reinstatement. In some cases, you may be able to get your license reinstated online.

How Long Does a CDL Suspension Last?

Suspension lengths vary depending on the offense. Common timeframes include:

• First-time DUI – One-year suspension
• Second DUI – Lifetime disqualification
• Serious traffic violations – 60 to 120 days depending on the number of offenses
• Habitual traffic offender – Five years or more

Get Help With CDL Reinstatement

If your CDL has been suspended, it is important to follow the proper steps to regain your license. Understanding Florida’s highway safety and motor vehicle laws can help you avoid further delays.

Learn more about reinstating a CDL after suspension in Florida. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you get back on the road.

FAQ

1. Can I reinstate my CDL online in Florida?

Some CDL reinstatements can be processed online through the Florida Department of Highway Safety and Motor Vehicles, depending on the type of suspension.

2. How much does it cost to reinstate a CDL?

The reinstatement fee varies depending on the reason for the suspension, ranging from $60 to several hundred dollars, plus additional fines.

3. Can I get a hardship license for a suspended CDL?

A hardship license allows you to drive non-commercial vehicles but does not restore commercial driving privileges.

4. How can unpaid traffic tickets affect my CDL?

Unpaid traffic tickets can lead to a license suspension. To reinstate your CDL, you must pay all outstanding fines and fees.

5. How do I check if my Florida CDL is suspended?

You can check your license status on the Florida Department of Highway Safety and Motor Vehicles website or by visiting a local DMV office.

Boating under the influence (BUI) and driving under the influence (DUI) share many similarities, but Florida law treats them differently in several key ways. While both offenses involve operating a vessel or vehicle while impaired by alcohol or drugs, the enforcement, penalties, and legal consequences vary.

Understanding the key differences between a DUI and a BUI can help boaters stay informed and avoid severe penalties.

Key Differences Between BUI and DUI

Where the Laws Apply

DUI laws apply to drivers operating a motor vehicle on public roads, while BUI laws apply to boaters navigating waterways. Florida law enforcement officers, the Coast Guard, and other agencies actively patrol for impaired boaters, especially in high-traffic boating areas.

Blood Alcohol Concentration (BAC) and Legal Limit

The legal blood alcohol concentration (BAC) limit for both DUI and BUI is 0.08%. However, BUI enforcement differs because environmental factors such as sun exposure, dehydration, and motion from waves can amplify the effects of alcohol, making it harder for boaters to gauge their level of impairment.

Sobriety Testing and Enforcement

Unlike DUI checkpoints, BUI checkpoints may be conducted on waterways, where officers stop vessels to check for safety compliance. Field sobriety tests on the water can be more challenging due to unstable footing, making breath tests a primary method of determining intoxication.

License Suspension vs. Boating Privileges

A DUI conviction can result in driver’s license suspension, while a BUI conviction does not affect a driver’s license but may lead to the suspension of boating privileges. Repeated BUI offenses can result in the loss of the right to operate a vessel for an extended period.

Penalties for BUI and DUI

Both offenses carry severe consequences, but BUI penalties are unique in that they impact boating privileges rather than driving privileges.

• First offense – Fines up to $1,000 and up to six months of jail time
• Second offense – Higher fines and up to nine months of jail time
• Third offense (within 10 years) – Considered a felony conviction, punishable by up to five years in prison
• BUI involving serious injury or death – Can lead to felony charges, harsher penalties, and extended jail time

Additional penalties may include community service, alcohol safety programs, and mandatory boating safety courses.

Consequences of Boating Under the Influence

Increased Risk of Boating Accidents

Drinking while boating is a major factor in fatal boating accidents. Impaired boat operators are more likely to cause collisions, capsize their vessels, or fail to navigate properly, putting themselves and other boaters at risk.

Impact on Criminal Record and Future Penalties

A BUI conviction can lead to a permanent criminal record, affecting employment and future legal consequences. Repeat offenses result in enhanced penalties, including longer jail sentences and higher fines.

Responsibility of Boat Operators

Anyone operating a boat is responsible for ensuring safety on the water. Designating a sober operator and completing a boating safety course can help prevent accidents and avoid legal trouble.

Protecting Your Rights in a BUI Case

If you have been arrested for BUI in Florida, seeking legal representation is crucial. A skilled attorney can challenge probable cause for the stop, breath tests, and other evidence to fight the charges.

Learn more about how boating under the influence is treated differently from DUI. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you protect your boating privileges and legal rights.

FAQ

1. Can I lose my driver’s license for a BUI conviction?

No, a BUI conviction does not affect your driver’s license, but it can result in the suspension of boating privileges.

2. How is a BUI checkpoint different from a DUI checkpoint?

BUI checkpoints occur on waterways where law enforcement officers stop boats to check for impairment, safety equipment, and compliance with boating laws.

3. Are the penalties for BUI as severe as DUI penalties?

Yes, BUI penalties can be just as severe as DUI penalties, including fines, jail time, and felony charges for repeat offenses or serious injury.

4. Can I be arrested for BUI if I was drinking but not over the legal limit?

Yes, officers can arrest you if they believe you are impaired by alcohol or drugs, even if your BAC is below 0.08%.

5. What should I do if I am arrested for BUI?

Contact a lawyer immediately to discuss your options and build a defense strategy to protect your rights.

A DUI charge is always serious, but when aggravating factors are involved, the consequences become much more severe. An aggravated DUI in Florida carries harsher penalties than a standard DUI, including longer jail sentences, higher fines, and extended license suspension.

If you are facing aggravated DUI charges, it is crucial to understand what makes a DUI aggravated, the potential penalties, and how legal representation can help you fight the charges.

What Is an Aggravated DUI in Florida?

An aggravated DUI occurs when a person is charged with driving under the influence while certain aggravating factors are present. These factors make the offense more serious and increase the penalties.

Common Aggravating Factors in a DUI Case

Several specific aggravating factors can lead to an aggravated DUI charge, including:

• High blood alcohol content (BAC) – A BAC of 0.15% or higher
• DUI with a minor passenger – Driving under the influence with a child in the vehicle
• Causing injury or property damage – DUI that results in bodily injury or property damage
• Repeat offenses – Multiple prior DUI convictions within a certain period
• Driving on a suspended license – DUI while already having a suspended or revoked license
• DUI manslaughter – A DUI that results in a fatality

Each of these factors increases the severity of the offense and may lead to enhanced penalties.

Penalties for Aggravated DUI

The penalties for aggravated DUI in Florida depend on the specific aggravating factors involved, as well as any prior DUI convictions. Some of the most common penalties include:

• Jail time – Sentences range from months to several years, depending on the offense
• License suspension – A driver’s license may be suspended for a longer period
• Hefty fines – Fines for aggravated DUI are significantly higher than those for a standard DUI
• Community service – Courts often require mandatory community service
• Mandatory alcohol education – Offenders may be required to complete DUI school or substance abuse treatment
• Ignition interlock device – A device may be installed in the driver’s vehicle to prevent operation if alcohol is detected

Felony DUI and More Severe Penalties

An aggravated DUI can be charged as a felony DUI if it involves:

• Third DUI within 10 years (third-degree felony)
• Fourth DUI, regardless of the time frame (third-degree felony)
• DUI manslaughter (second-degree felony)
• DUI causing serious bodily injury (third-degree felony)

Felony DUI convictions result in more severe penalties, including up to five years in prison, permanent criminal record implications, and difficulty securing future employment.

How an Aggravated DUI Conviction Can Impact Your Life

A DUI arrest can have immediate legal penalties, but an aggravated DUI conviction can carry severe consequences that impact your personal and professional life for years. Some of the long-term effects include:

• Permanent criminal record – Making it harder to secure jobs or housing
• Increased insurance rates – Higher premiums due to a DUI on your record
• Strained personal relationships – DUI allegations can affect family and friendships
• Loss of driving privileges – A long-term or permanent license suspension

How to Fight Aggravated DUI Charges

If you are facing aggravated DUI charges in Florida, it is critical to seek legal representation immediately. A skilled DUI defense attorney can:

• Challenge breath or blood tests for accuracy
• Investigate whether law enforcement followed proper procedures
• Argue against the presence of certain aggravating factors
• Negotiate for reduced charges or alternative sentencing

Contact an Experienced Attorney for Help

Fighting an aggravated DUI case requires a strong legal strategy. If you have been charged with aggravated DUI in Florida, contact a skilled attorney as soon as possible to discuss your options and protect your future.

Learn more about aggravated DUI charges in Florida. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward fighting your DUI charges.

FAQ

1. What is the difference between a standard DUI and an aggravated DUI in Florida?

A standard DUI involves driving under the influence without additional aggravating factors. An aggravated DUI involves factors such as a high BAC, bodily injury, or repeat offenses, leading to enhanced penalties.

2. Can an aggravated DUI be reduced to a lesser charge?

Yes, with the help of an experienced attorney, an aggravated DUI charge may be reduced to a standard DUI or reckless driving, depending on the circumstances.

3. Will I lose my driver’s license if convicted of aggravated DUI?

Yes, aggravated DUI convictions often result in longer license suspensions compared to standard DUI offenses.

4. How long does a DUI conviction stay on my record in Florida?

A DUI conviction in Florida remains on your record permanently and cannot be expunged.

5. What should I do if I have prior DUI convictions and am charged with aggravated DUI?

If you have prior DUI convictions, you should seek legal representation immediately. Repeat offenders face significantly harsher penalties, including longer jail time and felony charges.

Receiving a traffic ticket while driving in Florida as an out-of-state driver can be confusing and stressful. Many drivers assume that a ticket issued outside their home state won’t follow them back, but that’s not the case. Most states share traffic violations information, meaning an out-of-state citation could still affect your driving record, insurance rates, and even your driver’s license status.

Understanding the consequences of an out-of-state traffic citation and how to resolve it is critical. This guide explains how Florida handles out-of-state tickets, the penalties you may face, and what steps to take to fight or pay the ticket.

Does an Out-of-State Ticket Affect Your Driving Record?

Yes, an out-of-state ticket can impact your driving record because Florida is part of the Driver License Compact (DLC). This agreement between most states allows them to share information about traffic violations, suspensions, and other offenses.

If you receive a citation in Florida, your home state will likely be notified. Depending on your state’s laws, you may face points, a suspension, or increased insurance rates.

Common Out-of-State Traffic Violations That Carry Consequences

Some traffic violations carry more severe penalties than others, even if you are from another state. Common offenses that could affect your record include:

• Speeding tickets
• Running a red light or stop sign
• Reckless driving
• Driving with a suspended license
• DUI
• Failure to appear in court for a traffic citation

Serious violations, such as DUI or driving with a suspended license, may result in criminal charges, requiring you to appear in a Florida court.

How Florida Reports Out-of-State Traffic Tickets

Florida reports traffic citations to most states through national databases such as the National Driver Register (NDR) and the Problem Driver Pointer System (PDPS). Your home state can then apply its own penalties based on its laws.

For example, if you get a speeding ticket in Florida, your home state may add points to your driving record, just as if the violation had happened there. Some states may require you to complete traffic school or pay additional fines.

Can an Out-of-State Ticket Lead to a Suspended License?

Yes, failing to pay or resolve an out-of-state ticket can result in a suspended license. If you ignore the citation, Florida may report the failure to your home state, which could then suspend your driving privileges.

A license suspension can lead to serious consequences, including higher insurance rates, difficulty renewing your license, and potential arrest if caught driving while suspended.

How to Handle an Out-of-State Traffic Ticket in Florida

If you receive a traffic ticket while visiting Florida, here are the steps to take:

1. Check the details of the ticket – Read the ticket carefully to understand the violation, due date, and payment or court requirements.
2. Decide whether to pay or fight the ticket – If you choose to fight it, you may need to appear in a Florida court or hire an attorney to represent you.
3. Contact a Florida traffic attorney – An experienced attorney can help you fight the citation, reduce penalties, or negotiate alternatives like driving school.
4. Complete any required traffic school – Some violations may allow you to take a driving school course to avoid points on your record.
5. Pay the fine if necessary – If you decide to pay, do so before the deadline to avoid additional penalties.

Fighting an Out-of-State Traffic Ticket

Many drivers choose to fight a traffic ticket to avoid points, fines, and insurance increases. If you cannot appear in court, a Florida attorney can represent you on your behalf. Legal representation can help challenge the evidence, negotiate a reduced penalty, or even get the ticket dismissed.

Will an Out-of-State Ticket Affect Your Insurance?

Yes, an out-of-state traffic violation can increase your insurance premiums. Insurance companies review your driving record from all states when determining your rates. Even a minor infraction can lead to higher costs, especially if your home state adds points to your record.

Final Thoughts

Out-of-state traffic tickets in Florida can have lasting consequences on your driving record, insurance, and even your license. Understanding Florida law and taking the right steps to resolve or fight the ticket can help protect your driving privileges.

If you have received an out-of-state traffic citation in Florida and need legal assistance, contact Hersem Law today. We can help you fight the ticket and minimize the penalties.

Learn more about handling out-of-state traffic tickets in Florida. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward resolving your ticket.

FAQ

1. Can I ignore an out-of-state traffic ticket from Florida?

No, ignoring the ticket can lead to a suspended license, additional fines, and legal action in your home state.

2. Will Florida notify my home state about my ticket?

Yes, Florida reports traffic violations to most states, which may then apply their own penalties.

3. Can I fight an out-of-state traffic citation without appearing in court?

Yes, an attorney can represent you in Florida court and fight the ticket on your behalf.

4. How can I avoid points on my driving record for an out-of-state ticket?

Some drivers may be eligible to complete a traffic school course to avoid points.

5. How long do out-of-state tickets stay on my driving record?

The duration varies by state, but traffic violations can stay on your record for several years, affecting insurance rates and driving privileges.

Facing criminal charges can be an overwhelming experience, especially when you or a loved one is taken into custody. One of the most urgent concerns is securing release pending trial. Understanding the bail process, the factors affecting bail determinations, and the different types of bail available is crucial for defendants and their families.

This guide explains what bail is and how you can get released before trial, shedding light on key terms like cash bail, signature bonds, and property bonds. We’ll also discuss the role of the court, magistrate judges, and pretrial services in determining a defendant’s eligibility for release.

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What Is Bail?

Bail is a financial guarantee paid to the court to ensure that a defendant returns for scheduled court dates. By posting bail, a defendant can be released from custody while their case is pending trial. The court sets a fixed bail amount

 based on various factors, including the seriousness of the charges, the defendant’s criminal history, and the likelihood that the defendant will appear for future court dates.

If the defendant fails to appear in court, the bail amount is forfeited, and a warrant may be issued for their arrest. In some cases, courts may allow defendants to be released on personal recognizance, meaning no payment is required as long as the defendant complies with all release conditions.

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Types of Bail

When it comes to bail, there are several options that may be available, depending on the specifics of the case and the court’s decision.

1. Cash Bail

Cash bail requires the defendant or their family members to pay the entire bail amount in cash. If the defendant appears for all court dates, the amount is returned, minus any court fees. However, for many families, posting the full cash bail amount is a financial burden.

2. Property Bond

A property bond allows a defendant to use real estate or other valuable property as collateral for bail. If the defendant fails to appear, the court may seize the property to recover the bond amount.

3. Signature Bond

A signature bond, also known as a personal recognizance bond, allows the defendant to be released without paying cash upfront. Instead, the defendant signs a contract agreeing to return for future court dates. If they fail to appear, they may be required to pay the bond amount.

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How Does a Court Determine Bail?

Bail determinations are made during the defendant’s first appearance, also known as an initial appearance, before a judge or magistrate judge. This hearing provides an opportunity for the court to review the charges, hear arguments from the prosecution and defense, and set a bond amount or decide whether the defendant can be released on personal recognizance.

Several factors influence how bail is set, including:

• Flight Risk: Courts assess whether the defendant is likely to flee before their trial.
• Criminal History: Defendants with a history of missed court dates or prior convictions may face stricter bail conditions.
• Public Safety: Courts prioritize public safety when deciding whether a defendant should be released. Defendants charged with violent crimes or those considered dangerous may be denied bail altogether.
• Personal and Financial Circumstances: Courts review a defendant’s financial circumstances, employment history, and personal circumstances, such as family ties, to determine if a lower bail amount is appropriate.

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What Happens at a Detention or Bond Hearing?

If the prosecution argues that a defendant should remain in custody, a detention or bond hearing is held. During this hearing, the court decides whether to detain the defendant or allow their release pending trial. The prosecution must present convincing evidence that the defendant poses a flight risk or is a threat to public safety.

If the court allows for release, the magistrate judge may set conditions for pretrial release, such as:

• Electronic Monitoring: Requiring the defendant to wear an electronic monitoring device.
• Drug Testing: Requiring random drug tests to ensure compliance with court orders.
• Pretrial Supervision: Requiring regular check-ins with a pretrial services officer.

These measures help ensure the defendant complies with court-ordered release conditions and remains accountable while awaiting trial.

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The Role of Pretrial Services

In federal criminal cases, pretrial services play a vital role in determining a defendant’s eligibility for release. Pretrial services officers evaluate the defendant’s background and prepare a pretrial services report, which is presented to the court at the initial appearance. The report includes information about the defendant’s employment history, family ties, and criminal record.

Pretrial services help the court assess whether the defendant is a low risk for flight or a threat to public safety. If the court decides to release the defendant, pretrial services officers may continue to supervise them to ensure they comply with all conditions of release.

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Alternatives to Traditional Bail

If a defendant cannot afford to pay cash bail or post collateral, they may seek help from bail bondsmen. A bail bondsman posts bail on behalf of the defendant in exchange for a fee, typically 10-15% of the total bail amount. This option allows families with limited financial resources to secure a defendant’s release.

Additionally, under the Bail Reform Act, certain federal defendants may be released without paying cash bail if they can demonstrate that they are not a flight risk or a danger to public safety. Instead, they may be released on personal recognizance or a signature bond.

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What Happens If a Defendant Violates Release Conditions?

If a defendant fails to comply with their release conditions, such as missing a court date or failing a drug test, they may be placed back into custody. The court may also increase the bond amount or impose stricter conditions. Alleged violations are taken seriously, and the defendant may face additional charges or penalties.

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How Hersem Law Can Help

At Hersem Law, we understand how stressful it is to have a loved one in custody. Our attorneys guide you through the bail process, assist with detention hearings, and advocate for your loved one’s pretrial release. We fight to ensure the court considers your family member’s financial circumstances and personal circumstances when setting bail.

Our team works tirelessly to secure the release of defendants and ensure they receive fair treatment during every stage of the legal process. Whether it’s negotiating a signature bond, challenging a fixed bail amount, or advocating for pretrial supervision instead of detention, we are here to help.

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FAQ: What Is Bail and How Can You Get Released Before Trial?

1. What is the purpose of bail?
Bail allows defendants to be released from custody while their case is pending trial. It ensures the defendant returns for all court dates.

2. How is bail determined in a federal criminal case?
Bail in a federal criminal case is determined at the defendant’s initial appearance before a magistrate judge. Factors like flight risk, public safety, and criminal history are considered.

3. What are pretrial services?
Pretrial services assist the court in determining a defendant’s eligibility for release. Pretrial services officers prepare a pretrial services report that evaluates the defendant’s risk factors and release conditions.

4. What is a detention hearing?
A detention hearing is a court proceeding where the prosecution and defense present evidence to determine if a defendant should remain in custody or be released pending trial.

5. Can I get released without paying bail?
Yes, courts may release defendants on personal recognizance, meaning they are released without posting bail, but they must agree to return for court dates and comply with all release conditions.

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Learn more about what bail is and how you can get released before trial. Call Hersem Law at 813-251-7291 (Tampa) or 727-384-4357 (Clearwater) to schedule your free, no-obligation consultation. You can also reach us anytime through our contact page. Let us help you take the first step toward justice and recovery.