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Fort Myers Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
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AV Preeminent Peer Rated Attorneys
Fort Myers Residents, consider several factors when selecting a lawyer ... Learn More
AV Preeminent Peer Rated Attorneys
Fort Myers Residents, consider several factors when selecting a lawyer including their experience, expertise, and reputation. AV Rated Attorneys represent a distinguished group of lawyers who have received top ratings from their peers for their exceptional ethical standards and an A grade (4.5 or higher).
  • 6338 Presidential Court, Suite 104, Fort Myers, FL 33919

  • 2077 First Street, Suite 204, Fort Myers, FL 33901

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  • 15611 New Hampshire Court, Fort Myers, FL 33908

  • 2149 1st St., Fort Myers, FL 33901

  • 1411 Bayview Ct., Fort Myers, FL 33901

  • 2295 Victoria Ave., Fort Myers, FL 33901

  • 2211 Widman Way, Suite 250, Fort Myers, FL 33901

  • 1617 Hendry Street, Fort Myers, FL 33901

  • 1625 Hendry Street, Suite 103, Fort Myers, FL 33901

  • 1822 Broadway Cir., Fort Myers, FL 33901

  • 1533 Hendry Street, Suite 300, Fort Myers, FL 33901

  • 2502 Second Street, Suite 204, Fort Myers, FL 33901

  • 2429 First Street, Fort Myers, FL 33901

  • 9160 Forum Corporate Parkway, Suite 350, Fort Myers, FL 33905

  • 1617 Hendry Street, Suite 213, Fort Myers, FL 33901

  • 5237 Summerlin Commons Blvd., Suite 205, Fort Myers, FL 33907

  • 2108 Monroe Street, Fort Myers, FL 33901

  • 2069 1st St., Ste. 204, Fort Myers, FL 33901

  • 2215 First Street, Fort Myers, FL 33901

  • 1625 Hendry Street, Suite 201, Fort Myers, FL 33901

  • 9160 Forum Corporate Parkway, Suite 350, Fort Myers, FL 33905

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The average lawyer rating is created by peers based on legal expertise, ethical standards, quality of service, and relationship skills. Recommendations are made by real clients.

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Commonly Asked DUI/DWI Questions From Users Near You

This information is not legal advice and is not guaranteed to be correct, complete or up-to-date. It is provided for general informational purposes only. If you need legal advice you should consult a licensed attorney in your area.

Will the state where he has a warrant pick him up for a DUI charges if his case in another state is still open?

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Answered by attorney Robert Edward McCall (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Robert E. McCall
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state issuing the warrant is responsible for the cost of transportation; most states will not pay the cost of transportation for such a minor charge. Be aware that if he is arrested for any charge and the arresting state runs a computer check and sees an open warrant, the arresting state can hold him for a period of time to give the state issuing the warrant an opportunity to come and get him. Usually, the maximum hold is 30 days.
There is no Yes/No answer. It depends on the law of the state that has the open warrant. Usually, that charge is a misdemeanor or less and the state issuing the warrant is responsible for the cost of transportation; most states will not pay the cost of transportation for such a minor charge. Be aware that if he is arrested for any charge and the arresting state runs a computer check and sees an open warrant, the arresting state can hold him for a period of time to give the state issuing the warrant an opportunity to come and get him. Usually, the maximum hold is 30 days.
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Can I be charged with a DUI if the keys were outside of the car and the arresting officer smelled?

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Answered by attorney Edward Jerome Blum (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Edward J. Blum
The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.
The car needs to actually be moving to be convicted of DUI. Some states have operating under the influence statutes which allow prosecution for being in or around the car while drunk. California requires what's called volitional movement of the vehicle to obtain a conviction. I like to remind cops, prosecutors and people that the "D" in DUI stands for driving and they must prove that the person charged was driving to obtain a conviction. There are a couple of exceptions to the driving requirement and those are covered under Vehicle Code Section 40300.5. If you've been in an accident or if the car is blocking the roadway, then the cops don't need to see the car move. In addition to the requirement to prove Driving at trial, the common law and Penal Code Section 836 require that a misdemeanor offense occur in the presence of the cop who makes an arrest for the arrest to be lawful. A DUI cannot occur in the officer's presence, if he doesn't see (sense) driving. This may not be an issue if there are other crimes that can be charged.
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Shouldn’t I have the right to see the police report before my court date if I got pulled over for a DUI?

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Answered by attorney Robert Edward McCall (Unclaimed Profile)
DUI/DWI lawyer at Law Office of Robert E. McCall
Your attorney should automatically receive the Police Reports and any other statements or evidence against you. Ask the attorney for a complete copy of the Discovery materials.
Your attorney should automatically receive the Police Reports and any other statements or evidence against you. Ask the attorney for a complete copy of the Discovery materials.
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