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Why You Want a Lawyer for a Speeding Ticket

When most people get a speeding ticket, they don’t think about getting a lawyer. Many people’s first instinct is to just pay the fine. But what if you feel that the penalty outweighed the speed, that you were unjustly ticketed, or that this is not your first offense? And have you thought of the insurance consequences of having points on your license?

With your lawyer’s experience, you have a better chance of avoiding high fees, penalties, and damage to your drivers license.

A traffic lawyer specializes in defending those charged with a traffic violation. We know your rights and will ensure they are honored. We have your best interest in mind at all times. Speeding tickets can be very costly and may come with additional charges such as reckless driving. Your lawyer is ready to defend you against unjust charges.

Out-of-Area Tickets

Traveling out of the county, whether for work or leisure, brings extra challenges when you are ticketed for going over the speed limit. The fines for speeding offenses differ from county to county in Florida. Each court system runs differently, as well, so you’ll want someone familiar with the Clerk’s office and the Judge to help guide you through the process.

Your skilled attorney can prevent you from traveling long distances to try to defend yourself in an unfamiliar area with unfamiliar rules and regulations. That means no need for you to travel and incur additional costs and time lost from work. 

High-Speed Traffic Tickets

Any person accused of driving 30 mph or greater over the speed limit will receive a “mandatory court appearance” citation.  Oftentimes, your attorney can attend court on your behalf so you won’t need to take time out of your day, but the process is still very different for this type of offense.  A County Court Judge will hear your case and your option to resolve through the Clerk’s office by paying the fine will no longer be available. Having proper representation is crucial at this stage.

Another high-speed traffic ticket in Florida occurs when you are accused of traveling 50 mph or greater than the identified speed limit. This offense will be cited as a moving violation with penalties such as having points added to your license as well as increased, mandatory fines.  Multiple offenses can also add a risk of losing your license or even being charged with a felony.

Because the penalties can be so high, you may need to speak with a lawyer. Your attorney can work to reduce those charges or potentially get them dismissed.  

Points and Insurance Penalties

The drivers license points system can impact your license, possibly leading to a license suspension. The point system is meant to motivate drivers to keep their points low in order to both protect their drivers license and keep insurance costs down. 

When you receive a speeding ticket, you earn points based on the severity of the offense, the more you accumulate, the more at risk you are for losing your license and the higher your insurance premiums will be. Fighting the ticket now can reduce your chances of getting your license suspended. 

The biggest financial impact after a citation isn’t the cost of the ticket or the cost of your attorney, but the cost you will pay in increased insurance premiums if you receive points on your license.  It’s not uncommon for premiums to increase by $300 – $500 per year for the 3 years those points can be used against you.  Our goal is to ALWAYS avoid points being assessed to your license!

Get Your Ticket Reduced or Dismissed with a Lawyer

With a skilled attorney working for you, you can leave the stress of the process to us.  We contact the Clerk to set up your court date, we go to court on your behalf so you don’t have to attend, and we talk to the Judge to get you the best possible result.  We routinely get points removed from our client’s records, fines reduced to save our clients money, and we may be able to get your ticket dismissed completely.

At Hersem Law, we will do everything in our power to minimize any penalties associated with your speeding ticket. Whether this is your first or one of many violations you have received, we will guide you every step of the way. Contact us today for a free strategy session when you’re ready by calling 813-251-7291 or by filling out the online contact form below. 

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Refusing a Breathalyzer Test in Florida

You’re on your way home from a night out with your friends and you notice the flashing lights in your rearview mirror. You’re stopped by the cop, who says that you were swerving over the center line and asks for your license and registration, then to step out of the vehicle for a Breathalyzer test.

When you’re pulled over, you may be concerned about failing a field sobriety test. If you’re not sure whether you’re under the legal limit in Florida, should you refuse to take a breathalyzer test during a DUI stop?

Refusing a Breathalyzer test when you’re pulled over can hurt your case and your future. Here’s what you need to know before you refuse a test and what may happen if you refuse. 

Implied Consent Law in Florida

According to Florida’s implied consent law, simply by owning a state driver’s license, you give your consent to take a Breathalyzer test. 

If you are pulled over for suspicion of driving under the influence, then an officer will ask if you would like to take an approved sobriety test. If they ask and you say yes, then they can administer the test. However, if they ask and you say no or refuse, then they cannot force you to do so without your explicit consent.

However, under implied consent laws, if you refuse to take a field sobriety test, your license will be automatically suspended. If it’s your first offense, your license will be suspended for one year. Second and third offenses result in eighteen months of suspension as well as possible time in jail.

What Happens If You Say No?

While you can refuse the test, that may hurt your future if you choose to do so. Depending on your case, refusing to blow can make it harder for you to avoid a DUI conviction or get the penalties of a DUI reduced.

If you refuse a breathalyzer test, you limit your options for recovery. Your lawyer can fight the evidence against you, but you may have no option but to accept the automatic license suspension. Refusing the test means refusing a part of the agreement to keep your license. 

What If You Took the Test and Blew Over the Legal Limit?

A DUI is serious. If you are charged with driving under the influence of alcohol, you may face fines, jail time, and other penalties. However, there are ways our law firm can fight these charges, and the outcome we get for our clients is often better than it would have been if they refused a Breathalyzer test in Florida. 

If you fail a Breathalyzer test, the Florida Diversion Program is a way to get a lighter sentence if you agree to take a chemical test. This program helps rehabilitate first-time offenders, offering you a lighter sentence. Your lawyer can review the details of your case and guide you through the best option for your claim. 

Get Aid from a Florida DUI Attorney

Refusing a Breathalyzer test in Florida can lead to serious consequences, but accepting the penalties of failing one can lead to trouble. That’s why it’s important to speak with a lawyer before you make any decisions. 

A skilled attorney from Hersem Law can help ensure that your rights are protected and that all evidence is considered during the trial. If you’re worried about a DUI because you failed a sobriety test, reach out for a free strategy session on your case. Complete our online form or call 813-251-7291.

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Why You Want a Lawyer for a DUI

If you’ve just been arrested for a DUI, you may be stunned and confused. You know you need a lawyer, but how can they help you overcome the charges you’re facing? 

You don’t have to face a DUI alone. Our team knows how to navigate the legal process, from arrest to trial. 

If you’ve been arrested for a DUI and you need answers on getting your charges reduced or dismissed, reach out to an attorney who can help you recover. Here’s what you should know about hiring an attorney and why you should contact us to defend your case.

We Can Spot Errors in Your Case

We can help ensure that any procedural errors are taken into account and don’t lead to an unfair conviction. If the police acted unfairly or illegally toward you, that evidence may be inadmissible in court. 

For example, if your arrest was illegal or evidence against you was mishandled by police officers, we may be able to get your charges dropped or reduced. You have rights under the Fourth Amendment against illegal search and seizure, and we’re prepared to fight for your rights. 

Attorneys Can Challenge Test Results

During a DUI arrest, the police typically ask you to take a Breathalyzer test to determine whether you’re over the legal limit. But these tests aren’t perfect. If the officer hasn’t been properly trained to use these tools, or if the machine hasn’t been calibrated properly and recently, it may be wrong. 

If the Breathalyzer test was broken or otherwise inaccurate, you may have a chance to get your charges dismissed. During field sobriety tests, we may be able to argue that the officer did not observe you carefully enough, or that he did not follow proper protocol. The details of your defense will depend on your case. 

We Can Help Reduce or Drop Charges

Our firm may be able to negotiate with the prosecutor or judge to get your charges reduced. We may also be able to get the prosecutor to drop some of your charges altogether. 

You can talk to us about negotiating a plea deal that reduces your charges from DUI to reckless driving in exchange for community service or other favorable terms.

For example, you may be eligible for a program that will allow you to avoid jail time altogether. Florida has a program called DUI School, a twelve-hour course that allows people with first-time DUI convictions to avoid jail if they successfully complete the course and pay all fines.

Reach Out For a Free Strategy Session

If you are facing a DUI charge, the situation may feel hopeless, but you have options when you have a defense attorney on your side. 

Each case is unique, and no matter what your situation is, Hersem Law can help you successfully navigate the system. We’ll take the time to get to know you and fully understand what happened, to provide you with the best possible DUI defense, starting with your free strategy session. Call us today at 813-251-7291 or fill out our online form below to get in touch with a lawyer. 

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Things That Can Help Your DUI Case

A DUI case is a difficult and stressful time because your future may be on the line. There are multiple factors that can impact the outcome of your drunk driving case.

You need to know what you should expect before going into DUI court. With a Tampa Bay area defense attorney at Hersem Law aiding your case, you have the tools to make your case a success. Our team will answer your questions and prepare you for the trial.

Your lawyer will work to defend your freedom and your drivers license during the process. With so much at stake, it is a good idea to take precautionary steps before your trial.

Limit Alcohol Usage and Take an Assessment

Before your trial even begins, it is a good idea to stop drinking alcohol or doing drugs. Limiting these can help you prove you’re not a habitual user, which can reduce the severity of the charges in some instances. 

You may also consider taking an alcohol and drug assessment before the date of your trial. An assessment will prove as evidence in your trial of whether or not you may have a drug or alcohol problem. Steps to actively seek help with drug or alcohol abuse may impress the court and aid your defense.

Unlawful Traffic Stop

Our defense attorneys may ask you to remember details about your traffic stop. Was your stop lawful? In order to be considered a lawful traffic stop, police must have had a reason to pull you over. Perhaps you didn’t stop at a red light. If a police officer stopped you without a good reason, the stop is considered unlawful.

If you suspect that the police didn’t follow proper procedures, that can help your case. Evidence gathered outside of proper protocol may be dismissed, which can help your case succeed. If you have any doubts about the evidence, talk to your lawyer about your options to defend your case. 

Don’t Assume You Can’t Fight the Charge

There are multiple ways you can reduce your DUI charge with the help of a defense attorney. By pleading to a reckless driving charge rather than a DUI, you can avoid many of the harsh penalties of drunk driving. You may also have the evidence you need to get the charges dropped. 

The pre-trial prosecutor decides whether or not a DUI charge may be reduced, so you will need a strong defense lawyer on your side.  Your lawyer can evaluate your charges and the evidence against you to determine your best course of action. 

Fight Your DUI Case with a Tampa Bay Area Defense Attorney

The consequences of a DUI case may be grave, but you can trust the defense attorney at Hersem Law to lead you down the right path. Your lawyer is here to help fight your case and provide you with the materials you need for success.

If you’re ready to speak with one of our attorneys, your free strategy session can be your first step to success. To get started, call 813-251-7291 or fill out the following online contact form.

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What to Do when Your Kid Gets Arrested

Getting arrested is a nerve-wracking ordeal for anyone, but when your child is the one that’s in trouble, handling the situation as rationally as possible can become incredibly difficult. A conviction can have severe consequences for their future and could possibly traumatize them. 

The last thing you want to do is let your emotions control you and act impulsively with police officers. It’s normal that, as a parent, you want to protect your child, but you want to make sure that you don’t make the situation worse by trying to do what’s best for them. Speaking with qualified defense attorneys can provide you with the guidance you need. It would also be a good idea to keep in mind what to do when your kid gets arrested.

Remember Their Rights

Juvenile cases are similar to adult ones when it comes to your kid’s rights after the arrest. They can make a phone call, they need to be informed of the charges they’re facing, and most importantly, they can (and should) seek legal counsel. 

Make sure to inform your child of the fact that they have the right to remain silent. Undergoing an interrogation can be a stressful experience for a minor, and it’s easy to say something wrong that could make them look guilty simply because they’re scared. For this reason, the presence of defense attorneys who have a significant amount of experience with juvenile cases is fundamental. 

Stop Worrying About the Consequences

It’s normal to be worried, as you don’t want your child to have a permanent mark on his criminal record from such a young age, but the last thing you want to do is constantly worry about the consequences. You need to be as calm as possible and give your kid all the confidence they need to get out of this difficult situation.

There’s always the chance they were falsely accused, and even if the worst case scenario takes place and they’re considered guilty, juvenile cases can be expunged from their criminal records, unless a serious felony was committed where bodily harm was caused or threats were made. Besides, it would be very difficult to end up in the worst case scenario after you’ve decided to work with criminal defense attorneys. 

Obtain Evidence

Waiting until things get better is the worst thing you can do when you’re interacting with the legal system. One of the first steps to take after you’re informed of your kid’s arrest should be to gather evidence that is favorable to their defense. 

Of course, this doesn’t mean that you should abandon them while police officers are still questioning them, but you want to act fast and obtain the evidence needed to protect your child’s rights and prove his innocence as soon as possible. Even if the evidence is not sufficient to get the charges dismissed, there’s still a chance to reduce their penalties. 

Let a Skilled Criminal Defense Lawyer Fight for You

A minor should never lose their freedom or their chances at a better future because of a single mistake. At Hersem Law, we understand your concern for their future and that’s exactly why our defense attorneys won’t stop fighting until their charges have been significantly reduced or dropped. 

If your kid gets arrested, you shouldn’t waste time. Seek out the help you need by calling 813-251-7291 or use our online contact form to begin preparing a successful defense and protect your child’s rights.