WHAT HAPPENS IF I'M JUST VISITING ?

There is an old saying "Come to Florida on Vacation and leave on probation"! Yes, this can happen! There are numerous individuals who come to Florida and are arrested for D.U.I. What happens you ask?

Well, for one thing an out of county ( again, I am speaking of Palm Beach County) defendant will have to post a monetary bond, either cash or through a bondsman, acting as a surety of your future appearance. Once out, you can of course go home. But assuming that home is a long way you are probably wondering if you have to come back to Palm Beach County for a court proceeding. Allow me to answer that with a rousing ,maybe! Your case proceeds like that of any other charged with D.U.I. . As such the State will provide the defense attorney with discovery, which are the reports, once received they are reviewed. If motions are indicated they are filed. If a Motion to Suppress is indicated, and the defendant is out of county or out of state, then I would request the court that you be allowed to appear by telephone. Now, you would not be allowed to testify but you could listen in.

Now, if the case went to trial, the defendant would have to return to Palm Beach County. There is a provision that a defendant can be tried in absentia BUT that really doesn't happen often! If a defendant did not wish a trial and wished to plead guilty then a Plea in Absentia would be accepted by the Court. A Plea in Absentia is a document containg the terms of the plea AND a waiver of rights by the defendant. The defendant also has to go their local law enforcement agency and be fingerprinted and return the fingerprints along with the Plea in Absentia.

The Court would accept the Plea and the the defendant would be placed on Probation. The defendant would be allowed to report to probation by mail and the defendant would have the burden of completing all the special conditions that have been mentioned in other articles on this blog.


You may contact me at 561-616-8700 or e-mail me at DUITIM@floridaduilawyer.com. My website is www.floridaduilawyer.com.

Copyright 2008