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Q:     What do you call the new law that can avoid a DUI conviction if you are first offender? Legal Name? criminal traffic law.  I know there is a new law/statue in Florida that… Scroll down to read more!

Q:     What do you call the new law that can avoid a DUI conviction if you are first offender? Legal Name? criminal traffic law.  I know there is a new law/statue in Florida that if you are a license driver and receive a first offence driving under the influence you can be eligible to avoid conviction granted other circumstances apply. What is the official name of this? It was passed very recently in 2013. Thank you. (criminal traffic offence)

A:    

Michael Adam Haber

Michael HaberLearn more. ” href=”http://www.avvo.com/legal-answers/what-do-you-call-the-new-law-that-can-avoid-a-dui–1578920.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>PRO

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10 lawyers agreed with this answer

Christopher Robert Dillingham II
Christopher Robert Dillingham II
Criminal Defense Attorney – Winter Park, FL
Daniel Joseph Izquierdo
Daniel Joseph Izquierdo
DUI / DWI Attorney – Coral Gables, FL
Ted Harvatin
Ted Harvatin
DUI / DWI Attorney – Springfield, IL
Jonathan Burton Blecher
Jonathan Burton Blecher
DUI / DWI Attorney – Miami, FL
Alberto Marino Quirantes Jr.
Alberto Marino Quirantes Jr.
DUI / DWI Attorney – Miami, FL
Betty Elaine Jones
Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL
Richard A. Alexander
Richard A. Alexander
DUI / DWI Attorney – Tampa, FL
James W Chandler
James W Chandler
DUI / DWI Attorney – Naples, FL
Joseph C Kreps
Joseph C Kreps
DUI / DWI Attorney
Eric J Trabin
Eric J Trabin
DUI / DWI Attorney – Winter Park, FL

” href=”http://www.avvo.com/legal-answers/what-do-you-call-the-new-law-that-can-avoid-a-dui–1578920.html#!” rel=”nofollow” style=”-webkit-transition: all 0.3s ease; color: #006699; text-decoration: none; transition: all 0.3s ease;”>10

Lawyers agree
Answered Its not a law.

Its a creation of the Miami-Dade County State Attorney’s Office. It is a diversionary program called “Back on Track”. Some other counties have their own such programs for DUI, others do not.

It is essentially like any other diversionary program: Meaning that if this is your first offense and if you meet the criteria then it is almost certain that you will be eligible for “BOT”.

All diversion programs have the same goal: They are designed to make you think twice about future criminality by way of making you jump through a series of proverbial hoops during a period of supervision, successful completion of which results in a dismissal. The program is owned and operated by the State Attorney’s Office and they have absolute and unequivocal discretion as to whether to admit you, keep you or “graduate” you from their program.

Knowing that, the question now is whether or not diversion is right for you. There may or may not be viable defenses to the charges, affirmative or otherwise, or there may be factual, legal, procedural or substantive mechanisms by which to attack and beat the charges without going through diversion.

The best way for you to get competent advise is going to be to have a face-to-face meeting with a criminal defense lawyer who can follow-up on your information with questions of her/his own, as well as review the police reports and citations and then offer an informed opinion. And this especially holds true in regard to DUIs. (In Miami, as a condition to entering BOT, you must sign an irrefutable confession. Read my Legal Guide and you’ll get the idea. Then talk to an experienced lawyer and make an informed and prudent decision.)

Please take a look at my Avvo Legal Guide on diversion in Florida. It contains a great deal of information on the subject and should be helpful to you.

http://www.avvo.com/legal-guides/ugc/pre-trial-…

I hope that this has been helpful and wish you the best of luck!

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 
When it comes to the subject of drinking and driving, the best advice that you are ever going to hear is:  “Don’t do it!  Get a DD (Designated Driver), not a DUI”.

Be smart: Don’t drink and drive, but, if you do, just say “NO{thing}”, don’t blow (in FL your 2nd subsequent refusal is a crime) and call me stat at 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

Michael A. Haber, P.A.: Providing creative criminal defense litigation services primarily in SoFlo since 1991.

At Michael A. Haber, P.A. “Its all about reasonable doubt”! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

“Like” Michael A. Haber, Esq. @ www.facebook.com/haberpa / follow Michael A. Haber, Esq. @ http://habercriminallaw.blogspot.com
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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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    July 26, 2017
  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

    Leo Gonzalez Avatar Leo Gonzalez
    April 10, 2017
  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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    April 11, 2016

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