Video FAQs

Video Frequently Asked Questions By Attorney Michael A Haber

Video answers to frequently asked questions by attorney Michael A. Haber.

418 videos · page 3 of 9

  • Thanks for asking me “Can I get my own independent Breath / Blood Test?” Before you blow, pursuant to FS 316.1932 law enforcement MUST ad...

  • Thanks for asking me “What happens if I pass a Breath Test?” So while you were in actual physical control of a motor vehicle a police off...

  • Thanks for asking me “What happens if I refuse to blow into a Breathalyzer?” If you refuse a breath - or a urine test for that matter - t...

  • Thanks for asking me “Should I take a Breath Test or Refuse the Breathalyzer?” To blow or not to blow... that is the question... and it’s...

  • Thanks for asking me “Do I have to take Breath Test?” No. In the State of Florida you can NOT be compelled to take a breath test against...

  • Thanks for asking me “Is there a way around an Ignition Interlock Device / IID in FL?” In FL if you’ve been convicted of a DUI then, by s...

  • Thanks for asking me “If I don’t have a Car how do I get an Ignition Interlock Device / IID?” This is a very common and excellent questio...

  • Thanks for asking me “Why would I need an Ignition Interlock Device / IID?” Getting popped for DUI is the hands-down most common reason f...

  • Thanks for asking me “What is an Ignition Interlock Device / IID?” An Ignition Interlock Device - or an IID - is a basically a breathalyz...

  • Thanks for asking me “What can I do if I don’t get my Restitution Money?” Criminal Orders of Restitution effectively become civil judgmen...

  • Thanks for asking me “When do I get my Restitution Money?” As with most things in life, there’s the rules and then there’s reality. So, w...

  • Thanks for asking “How does the Restitution amount get determined?” The easiest way for this to happen is for the State and the defense t...

  • Thanks for asking me “What is restitution”? Restitution is generally defined as restorING something lost or stolen to its lawful owner. F...

  • Thanks for asking me “How are FST’s used in Court?” FST’s are a series of abnormal activities that allegedly allow a police officer - man...

  • Thanks for asking me “What happens if I refuse to take FST’s?” Interestingly, when they ask you to blow into a breathalyzer the cops not...

  • Thanks for asking me “Should I refuse to take FST’s?” The first thing you have to keep in mind - and this doesn’t just apply to the quest...

  • Thanks for asking me “Do I have to take Field / Roadside Sobriety Tests?” If you’ve lawfully been stopped and if the cop who stopped you...

  • Thanks for asking me “Why was I asked to take Field / Roadside Sobriety Tests / FSTs” Usually you’ve been pulled over for some sort of tr...

  • Thanks for asking me “What are Field / Roadside Sobriety Tests / FSTs?” First, I’ve gotta tell you what they’re not: While the everyday v...

  • Does my Lawyer have to take Depositions in my Criminal Case? First off, what is a deposition? A depo is basically a pre-trial sworn out-o...

  • Can I Seal or Expunge more than 1 Case in FL? In FL, sealing is available in a non-disqualified case if you received a withhold of adjudi...

  • What’s the Difference between Sealing and Expungement? Before I explain the differences I’m gonna tell you what they have in common. Firs...

  • How do I get a 2nd opinion on my criminal case? Okay, so you have a pending criminal case, and for whatever reason under the sun you’re n...

  • Can I have a CWP with a Medical Marijuana Rx? The answer to this question is yes. There’s no inherent conflict between the two licenses....

  • How does the State Prove that I was DUI on Marijuana? Because there’s no “breath test” for controlled substances, unless the State has a...

  • Can I drive if I have a medical marijuana Rx? Apart from treating whatever condition you have, the beauty of a medical marijuana Rx in FL...

  • Can I use Rx Marijuana while on Probation in FL? Under FS 948.03(L)(1) anyone who’s on probation in FL is subject to random urinalysis at...

  • If I have a Marijuana Rx can I possess a Vape Pen in FL? Out of the gate let’s all be certain that today - recreational possession, use,...

  • Is my Medical Marijuana Rx a Defense to a Possession Charge? Out of the gate let’s all be certain that today - recreational possession, u...

  • Is Possession of a THC Vape Pen Cartridge a Felony? There’s a big difference between marijuana and marijuana resins. Marijuana is a plant...

  • Is it illegal to sell Fake Drugs in FL? Believe it or not, in FL it IS a crime to sell fake drugs. It’s not a crime to offer to sell fake...

  • Is a positive “Field Test” Admissible in Court? A field test for drugs is a chemical test that’s performed by a cop, in the moment, durin...

  • What if my positive “Field Test” is False? A field test for drugs is a chemical test that’s performed by a cop, in the moment, during an...

  • What is a “Field Test” for Drugs? A field test for drugs is a chemical test that’s performed by a cop, in the moment, during an alleged i...

  • How long do points stay on your driving record in FL? Thanks for asking me “How long do points stay on your driving record in FL?” First...

  • What is a Prison Release Re-Offender / PRRO? In FL certain repeat offenders are exposed to enhanced penalties when it comes to sentencing...

  • If I get Arrested do I get a Phone Call? So, you’ve probably seen some TV police show where the accused says “I want my phone call”... an...

  • “What is FL’s “Accident Report Privilege”?” F.S. 316.066(4) containes FL’s “Accident Report Privilege, and it states: “Except as specifie...

  • If my FL-DL is suspended can I move to another State and get a valid License? No. You don’t get to avoid your legal troubles and responsi...

  • Can I Erase Entries on my FL-DMV Driving Record? No. Well that was a short Webisode... I’m sorry, but you can’t erase entries on your FL...

  • How can I get my Gun back from the Police? Any time that the police impound evidence - whatever it may be, a gun, a computer, a phone, a...

  • What should I do if I know that I have a Warrant? The bottom line with warrants is that they suck (well that, and that they oftentimes en...

  • Will I be taken into Custody on a Warrant? If your name’s run through a criminal justice data base and a warrant comes up then you’re red...

  • Thanks for asking me “Do Warrants expire?” There are many different types of warrants. For instance: Arrest warrants are issued based upo...

  • Thank you for asking me “What is a Violent Career Criminal / VCC?” In FL certain repeat offenders are exposed to enhanced penalties when...

  • What is a Habitual Violent Felony Offender / HVO / HVFO? In FL certain repeat offenders are exposed to enhanced penalties when it comes t...

  • What is a Habitual Offender / HO / HFO in FL?” In FL certain repeat offenders are exposed to enhanced penalties when it comes to sentenci...

  • Is a Juvenile Court Adjudication a Conviction? Although both the adult and juvenile justice courts deal with criminal acts, in most juris...

  • How do I get a Bench Warrant set-aside? First off what is a bench warrant? A bench warrant is a warrant that’s issued by a Judge from the...

  • FL’s Accident Report Privilege and DUI Cases? If you’re involved in a traffic crash in FL then you’re required by statute to give informa...

Have a question that is not answered here? Send me your question or call 1-888-SHARK-8-1.