Early this morning, the lawyer for MJ Kelli was arrested for his second DUI within 5 years of his last DUI. MJ is suing Bubba the Love Sponge for defamation, even though MJ makes his living due to our right to Free Speech and is a public figure. The attorney refused to submit to the breath test. So, what type of penalties would the lawyer be facing if he was arrested in Polk County? How do you know if the second DUI is within 5 years of the 1st DUI arrest?
When computing the time for a 2nd within 5 years DUI, you must start with the conviction date on the first DUI. If the SECOND DUI ARREST is within five (5) years of the first DUI conviction, it is considered 2 DUI’s within five (5) years. That means if you were arrested in 2005 and were found guilty or pled "no contest" on January 1, 2006, a second within five would occur up to January 1, 2011. So it is conviction date to arrest date!
If that happens, the statutory minimum penalties for a 2nd DUI within 5 years in Polk County are:
- 12 months probation
- 10 days jail (at least 48 hours of incarceration must be consecutive)
- 5 YEAR DRIVER’S LICENSE SUSPENSION!
- Attend the MADD - Mother’s Against Drunk driving Victim Impact Class
- Attend and complete multi-offender DUI School
- Undergo a substance/alcohol abuse evaluation and complete any recommended treatment
- 1 year ignition interlock device must be placed on the vehicle
- $1,500.00 fine and court costs (approximately)
- 30 days vehicle immobilization/impoundment
- Adjudicated Guilty (formal conviction of the crime of DUI)
These are the minimum penalties in Polk County, but they can be increased. That usually means the jail time. Often, the State Attorney for the 10th Judicial Circuit for Polk seeks 6 months in jail on this DUI offense.
In addition to the criminal penalties, this attorney may face disciplinary action from the Florida Bar. If you are licensed by the State if Florida as a doctor, nurse, dentist, attorney, teacher, or police officer, your license and ability to practice in your area of employment may be jeopardized. If you are licensed by the State of Florida for your employment, you need an experienced Polk criminal attorney fighting for you in court!
Call Polk criminal lawyer Thomas C. Grajek, an aggressive DUI attorney who knows the DUI laws and how to defend you against a DUI.
DON'T HESITATE!!! CALL NOW!!!
PROTECT YOUR RIGHTS!!!
CALL THOMAS GRAJEK, POLK COUNTY DUI ATTORNEY
CALL NOW 863-838-5549 cell
You only have 10 days to request a Formal Review!
Aggressive Polk DUI attorney handling all criminal cases in Florida including arrests by the Bartow Police Department , Lakeland Police Department, Winter Haven Police Department, Polk County Sheriff’s Office, Florida Highway Patrol, Haines City Police Department, and Lake Hamilton Police Department.