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Stopped and Arrested for a DUI in Florida? Here’s What to Do Next

Getting arrested for a DUI is a serious event. Driving under the influence is a crime that can lead to fines, license suspension, or even jail time. 

It’s important to know what steps to take if you find yourself in this situation. Being proactive and handling the situation correctly from the start is how you can get the best possible outcome. 

If you are pulled over and arrested for a DUI in Florida, take these steps to protect your case and yourself. 

#1) Cooperate with police — but know your rights.

If you are pulled over and suspected of driving under the influence, you are going to be asked to cooperate with the officer’s initial investigation. They are going to ask questions that assess the situation and gather evidence.

Always cooperate with police officers while keeping in mind that you need to protect yourself. Be mindful of any statements you make. A dashcam is almost always filming the encounter, so any action you take can be recorded and used during your case. 

#2) Keep your comments to a minimum. 

While you should corporate with police questioning and requests, provide the bare minimum of details. You don’t want to inadvertently admit to anything that can be used against you or provide law enforcement with any more evidence than they already have. 

#3) State your limitations. 

During the first few moments with officers, let them know about any limitations that you have that could impact their assessment of the situation. Inform the officers if you have any disabilities, injuries, or illnesses that could prevent you from performing or impact your ability to perform a field sobriety test. 

For example, if you have a knee injury, an officer could mistake a limp for evidence that you are under the influence. Provide any information that could add context to how you perform during the field sobriety test. 

#4) Consider skipping the sobriety test. 

In some situations, it may be in your best interest to skip the sobriety test altogether. If you believe that the DUI charge has merit and that you will fail the test, it can benefit you to refuse it. 

It’s important to note that refusing to take a sobriety test — whether it is a field sobriety test or a chemical test — has consequences. You will likely lose your license and may receive additional charges. 

But, if you know that you will perform the sobriety test poorly, you may give the state more evidence against you by taking it. If you are certain that you will not pass the sobriety test, respectfully refuse it. 

#5) Once charged, invoke your right for an attorney.

Once the officers decide to arrest you for a DUI, they will read you your constitutional rights. Miranda Rights provide your right to remain silent for the rest of the encounter. You can remain silent to prevent providing any additional evidence against you.

If you are arrested for a DUI, refuse to speak to anyone else and request to call an attorney. 

#6) Request a DMV hearing. 

When you are charged with a DUI, you immediately lose your license. You have ten days to request a DMV hearing and file for a hardship license. A hardship license gives you the ability to drive while waiting for your case to be resolved. 

To get a hardship license, you must apply within ten days of a DUI arrest. 

A failure to do so will waive your right and prevent you from being able to get a license throughout the duration of your case. It’s essential that you request a DMV hearing and apply within ten days of being charged with a DUI. 

#7) Start your defense right away.   

Whether this is a first-offense DUI or you have been through this experience before, it is imperative that you contact an experienced DUI attorney and start your defense right away. 

A DUI can stay on your record for 75 years in Florida. It can result in your losing your license, and it can lead to thousands of dollars in fines. To decrease the impact that this event can have on your life, talk to an attorney right away. 

An experienced DUI attorney can help you look at your case and find ways to produce the best possible outcome. They can work to reduce your charges, lessen the impact of your charges, or even clear your record. 

If you feel you were unjustly charged with a DUI, it is even more imperative that you talk to a  criminal defense attorney right away. If there was an unwarranted stop or a mishandled case, you need someone who can fight for your best interest from day one.  

Arrested for a DUI in Florida? Get Advice Today.

If you have been arrested for a DUI in Florida, don’t wait to get legal advice. Each day that passes is one day less for you to put together a defense for your case. 

Don’t wait. Talk to an experienced DUI attorney today. Get your free consultations with TJ Grimaldi. Request your free consultation or call 813-226-1023 today. 

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Dealing With the Media During a High-Profile Case: What to Expect

A high-profile legal matter comes with a lot of attention and stress. Reporters are eager to get information, and the public is invested in following every detail from start to finish (and sometimes even beyond the verdict.)

TJ Grimaldi has seen this first-hand. He has led high-profile cases that gained national media attention. His representation in the well-known “stand your ground” case, which involved a retired police captain who shot and killed a man outside of a movie theater in Dade County, has put TJ and his clients in front of a national audience. TJ knows what the experience can be like and how to properly navigate the challenges that come with it.  

If you are involved in a high-profile case, you need to have a strategy for managing the attention. Whether you are one of the parties involved, a loved one, or a witness, you may be impacted by the mass attention drawn to the case. 

To get through the situation with the least amount of stress and impact on the case, follow these tips for dealing with the media during a high-profile case. 

Anticipate Aggressive Media Inquiries  

Most people know that a high-profile case is going to result in media attention. But, many don’t realize the lengths that the media will go to to get information for the story. To manage the situation, it helps for involved parties to set their expectations and plan for what is to come.

Parties need to know that in addition to calling, the media may show up at their homes or other locations where they are known to spend time (like their workplace or gym). The media may reach out to primary parties involved in the case, and they may also reach out to parties that are less involved. 

It’s important to prepare everyone close to the case and help them anticipate these aggressive media inquiries so they know what to do when the media approaches them. 

Always Let Attorneys Handle It 

When dealing with the media during a high-profile case, it’s imperative that involved parties always let attorneys handle it. 

Involved parties should not give statements or respond to media inquiries even if the questions seem insignificant or inconsequential. 

A comment to the media can be easily taken out-of-context or spun into an inaccurate narrative. Comments can be turned into a misleading story that does public damage or impacts the case. Parties involved should always avoid giving any information to the media. Instead, they should direct all inquiries to their attorney. The attorney should act as a buffer to filter any information and protect the client and continuity of the case.  

Get In Front of the Story 

Avoiding and ignoring inquires is not a good strategy when dealing with the media during a high-profile case. Dodging reporters and not returning phone calls doesn’t mean the media will stop trying to get details or quotes.

You need to have a plan to get in front of the story and give the media what they want. Work with an attorney who has a proactive strategy for dealing with the media. This strategy may include:

  • Developing a strong, consistent voice and narrative 
  • Issuing regular press releases
  • Hosting press conferences at pivotal points in the case
  • Attorneys sitting for interviews on air
  • Involved parties sitting for interviews with an attorney at their side

TJ Grimaldi developed a successful strategy during the “stand your ground” case that consistently shared his client’s story while appeasing the media.  

Use the Media for Your Benefit 

Not all media attention is bad when you are involved in a high-profile case. When you get in front of the story, you can sometimes use the attention to your benefit. 

You can control the narrative and ensure that your side of the story is heard loud and clear. You can gain public support that can be very powerful both during and after the case. Don’t dismiss media attention during a high-profile case. Instead, manage it to work for your interest.  

Find an Experienced Attorney To Handle Media During a High-Profile Case 

Being in the middle of a legal case can be difficult on its own. When you add in the element of local or national media attention, it’s even more stressful. Media attention for a high-profile case might be difficult to avoid, but there are ways to mitigate the stressful situation. Working with an attorney who has experience with high-profile cases is one of them.

If you find yourself in the middle of a media storm, look for an attorney who has been there before. 

Partner with someone who knows what to expect and how to respond so you can focus on your case — not the public attention.

See how TJ Grimaldi can help you through your legal matter. Whether it is a public or private matter, TJ can help you navigate all the complexities of your case. All consultations are 100% free so see how he can help with no obligation. Schedule your free consultation or call 813-226-1023.

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How to Find and Use Florida Family Law Forms

The Florida State Court System is set up so individuals can access and file Florida family law forms on their own. Individuals going through a family law matter aren’t required to use an attorney. Instead, they can represent themselves and use self-help resources to manage their case.

Let’s look at where you can find Florida family law forms, how you can use them, and if there’s a better alternative to filing on your own. 

What Are Florida Family Law Forms?

Florida family law forms are standard documents you can use while representing yourself in family court in Florida. The Florida civil law forms include representation forms, petitions, supplemental (modification) petitions, answers, financial affidavits, and supporting documents. Florida family law forms can be used in matters related to divorce, alimony and spousal support, child support, property division, and paternity, among other matters. 

When Do You Need Florida Family Law Forms?

You can use Florida family law forms if you want to take legal action or someone has taken legal action against you in family law courts. There are more than a hundred forms that can be used in family law proceedings. You can use the forms if you want or need to:

  • File an appeal or an answer related to family law matters
  • File for divorce
  • File for custody
  • Change a custody or visitation agreement
  • Change a parenting plan 
  • Change a legal name
  • Determine paternity 
  • File for step-parent adoption
  • File for protections against domestic abuse 

This is not a comprehensive list, but it can give you an idea of the actions you can take using Florida family law forms. 

Where Can I Access Florida Family Law Forms?

The Florida State Court System has a self-help resource center on its website that includes a long list of Florida family law forms. You can find them in the Family Law Self-Help Information resource center. 

All forms are free of charge. You can download editable forms directly from the site. 

Individual counties may also have online resources that supply family law forms. But, you do not need to use forms specific to your country. 

Forms in Florida are standard throughout the state. While details of the forms (such as your country name on the first page) may be different, you can use all forms found on the Florida State Court System website for each country. 

How Do I Use Florida Family Law Forms? 

The Family Law Self-Help resource provides instructions to guide you through the process of using and filing forms on your own. 

  1. Start by reviewing the General Information for Self-Represented Litigants which shares vital information about the court system and its processes. 
  2. Review the Florida Rules of Family Law to gain a better understanding of family law processes and procedures.
  3. Determine which forms you need, and find them on the Florida Court site.
  4. Fill out forms. You can download, print, and hand-write your forms, but it is recommended to use the form’s fillable fields. When you use Adobe Acrobat Reader, you can fill out forms by typing in answers. This process ensures that your forms are legible. 
  5. File forms with the Clerk of Court’s office in your county. Each form includes directions on how to file the form and what procedures need to be followed (such as if you need to make copies, have other parties served, etc.).

How Do I Get Help?

The Family Law Self-Help resource offers some assistance, but it cannot provide the full scope of help you might need. 

The resource center can only offer administrative and procedural help. For example, if you can’t find a form, can’t download it, or have a disability which limits your ability to access an online form, the office can provide assistance. But, they cannot help you fill out forms or offer any assistance that can be perceived as legal help. If you want legal assistance, you need to work with a family law attorney. 

A family law attorney can help you with the entire process. When you work with an attorney, you will likely not need to access any Florida Family Law Forms on your own. Your attorney will advise on what forms you need, help you complete the forms, and file them on your behalf. 

Related: What Happens After Divorce Papers Are Served?

Let’s Talk About Your Family Law Case 

If you’re looking for family law forms, you are likely in the middle of or about to start ligation. While these forms will help you navigate the process on your own, it always helps to have a professional on your side.

A family law attorney will make sure you complete the correct forms, at the right time, and in your best interest. They will guide you through the process to ensure that you and your family get the best possible outcome. 

If you need advice on how to go through a family law process, please contact TJ Grimaldi. All of our consultations are 100% free so you can discuss your case for no charge. You will speak directly with our lead counsel, TJ Grimaldi so he can get to know your case and let you know how we can help you through your unique family law situation. Schedule your free consultation or call 813-226-1023 today. 

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What Does It Take to Be an Attorney for a High-Profile Case?

High-profile cases come with a unique set of circumstances and challenges. When a case is widely discussed in the media, it isn’t an ordinary legal matter. You not only have to win over a judge and jury — you have to win over the public.

When your case is being dissected in the news and on social media, you need an attorney who understands how to navigate this complicated landscape.

What To Look for in an Attorney for a High-Profile Case 

Legal matters are stressful. They are even more stressful when your story is being discussed by the entire neighborhood, city, or even country. 

High-profile cases come with the initial pains and stress of the inciting incident, and then the continued weight of dealing with the public aftermath of the issue — which can last for months or years. You want to make sure you have an attorney you like and trust if you’re dealing with a long, stressful, high-profile case.

To find a high-profile attorney who can help you through your public case, look for the following qualities. 

Accessibility 

Parties involved with high-profile cases are often drawn to well-known, large legal practices and attorneys. They may believe that if they have a case everyone knows, then they should have a lawyer that everyone knows. But, that can be a problem.

Working with a large legal firm often means working with a lot of different people. You may think you are signing up to work with the partner — the person with their name on the firm. But often, you end up working with other attorneys and paralegals. You don’t have access to the primary attorney you thought would be representing you. 

When you have a high-profile case, you need access to your attorney. Look for a firm that can promise that the primary attorney will actually be your attorney — available to serve your needs directly.

TJ Grimaldi is a principal attorney who prides himself on his accessibility. He leads every case that comes through his practice. TJ even handles every client consultation so he can know his clients and their unique set of circumstances from the start. 

Personal Attention 

When it comes to a high-profile case, you need more than professional accessibility from your attorney. You also need an attorney who can provide personal attention and support outside of legal matters. 

When you’re involved in a high-profile case, it might make doing normal activities much more difficult. Going out in public to run errands might not be as easy as it was before your case went public. In those situations, you need an attorney who can provide personal assistance as well as legal advice.

At TJ Grimaldi, we make sure our clients are supported legally and personally. If we can help with arrangements or personal needs, our team is always happy to step in and release some of the burdens our clients are carrying. 

Ability to Handle the Media 

The media is one of the primary challenges of dealing with a high-profile case. They are often relentless in their quest for information and interviews. The constant requests put extra pressure and stress on parties involved with the case, and a media misstep can have a variety of negative consequences. 

The media can spin stories, take comments out of context, and jump to conclusions. A high-profile case needs an attorney who knows how to manage the media to prevent mixed messaging and to clearly communicate your side of the story.

TJ Grimaldi has proven that he knows how to handle the media when dealing with high-profile cases. When a “stand your ground” case involving a retired police captain who shot and killed a man outside of a movie theatre in Dade County, Florida gained national attention, TJ was able to manage the media for his client, the widow of the victim.

TJ provided interviews and information that kept the widow’s story front-and-center. He argued her points in the case to seek justice for his client, while helping her and her family avoid the stress of dealing with media inquiries on their own. 

Watch TJ in action on CNN discussing the case with Chris Cuomo.

The Right Intentions 

The media attention that accompanies a high-profile case can be attractive to many attorneys. Attorneys who want to get their name out and build up their firm will often be attracted to cases that may get them in and on the news. Those are not the best type of attorneys for high-profile cases. 

Attorneys with large egos who want to take on a case for the publicity are not the type of representation you want or need. Instead, look for an attorney who has the right intentions and wants to take on your case because they believe in the merit of your story and want to seek justice. 

For TJ Grimaldi, no client is too small, and no case is too big. He is focused on getting the best outcomes for his clients, not accumulating fame. That focus allows him to think critically about what will lead to the best results for his clients. 

Work With an Experienced High-Profile Attorney

High-profile cases are unlike any other type of legal matter. They come with their own unique set of challenges, and they require the work of an attorney who knows how to successfully navigate those unusual circumstances.

TJ Grimaldi is experienced with high-profile cases and knows what it takes to manage the situation to produce positive outcomes for his clients. To see if TJ might be the right attorney for your case, schedule a free consultation and talk directly to TJ to review your case. Schedule your free consultation or call 813-226-1023

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What Happens After Divorce Papers Are Served?

When divorce papers are served, there are a lot of unknowns. Whether you are the one serving divorce papers or you are on the receiving end, you will likely have many questions about what is to come. 

You will want to know what you can do to make the process go as smoothly as possible for everyone involved, while ensuring that you get a fair and just outcome. 

To help guide you through the process, here is what you can expect to happen after divorce papers are served in Florida. Keep in mind that processes may vary by state, and we recommend getting information about your specific state from a qualified divorce attorney.

What Happens After You Serve Divorce Papers? 

If you’re serving divorce papers on your spouse, the process won’t come as a surprise. You will expect it. Regardless, you might be anxious about what happens next. 

When your spouse is served with divorce papers:

  • They can choose to hire a divorce attorney or represent themselves.
  • They will have up to 20 days to file an answer. Members of the military may have a longer period of time to respond.
  • Their answer will tell the court which part of the filling they agree or disagree with.
  • They will be asked to fill out additional paperwork and participate in mediation and/or hearings to finalize the divorce.

If your spouse is served with divorce papers and they don’t file an answer within 20 days, they may forfeit their right to present their side. The court may award a default judgment, which is a ruling that only takes your petition into consideration (since there is no information submitted by the other party). This process doesn’t happen automatically. The petitioner (you) must file a Motion for Clerk’s Default to move the case along if your spouse doesn’t file an answer. To keep the process moving along, file a Motion for Clerk’s Default the day after the answer is due if your spouse does not file an answer. 

If your spouse is served with divorce papers and they respond after 20 days, they may still be able to participate in the case. They can file a late answer if the Motion for Clerk’s Default has not been filed. If the Motion for Clerk’s Default has already been filed, they will need to file other motions to show why they filed late and what relief they seek. 

Recommended Reading: How to File for Divorce in Florida 

What Happens After You Are Served with Divorce Papers?

The divorce process might be more disorienting if you are served with papers from your spouse. Whether you are expecting them or not, being served with divorce papers can be stressful. You may feel emotional about the situation, and you only have 20 days to file an answer. The key is to stay calm and act quickly. 

If you are served with divorce papers:

  1. Decide whether to seek counsel from an attorney. We recommend exploring your options with a divorce attorney as soon as possible. As soon as you are served, call for free consultations to see how a divorce lawyer can help you navigate the next steps. (At  TJ Grimaldi, Attorney at Law, all consultations are free. Schedule your free consultation or call 813-226-1023 today.)
  2. Review the petition, and compile your answer. Your answer should respond to all claims made in the divorce papers. Don’t rush through this process. Carefully go through all claims and write up responses that relate to the division of assets and liability, child custody, and spousal support. Make note of any claims that you don’t agree with, and pull any documentation that supports your claims.  
  3. File your answer within 20 days. It should go without saying, but the deadline to file is extremely important. Don’t let this date pass without filing an answer. 
  4. Follow additional directions by the court leading up to final judgment. Once the answer is filed, you will likely receive additional documents to fill out, and you will participate in mediation and/or hearings until the final judgment is entered.

If you are served with divorce papers and don’t answer within 20 days, you may still have an opportunity to make your claims. If the Motion for Clerk’s Default hasn’t been filed, you can still file an answer. But, if the Motion for Clerk’s Default was filed, you may need to file additional motions to get your side of the case heard. 

Talk to an Attorney Before & After Divorce Papers Are Served

When divorce papers are served, the situation quickly becomes real. Whether you are serving the papers or being served with them, you are in a legal situation that can impact the rest of your life.

Make sure you have the information and representation to protect you, your children, and your assets as you go through the process. Work with an experienced attorney who can ensure that the process is as painless as possible for all involved while ending with a fair outcome. 

If you’ve been served with divorce papers or are thinking about serving your spouse with divorce papers, TJ Grimaldi is here to help. Our consultations are 100% free. Schedule your free consultation or call 813-226-1023 to see how we can help make the divorce process less stressful for everyone involved. 

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How Long Does a DUI Stay on Your Record in Florida?

If you’ve recently been charged with or convicted of a DUI, you probably have a lot of questions about the long-term consequences. From “how long does a DUI stay on my record?” to “how can I get a DUI off my record?” — the list of questions can go on and on. 

At TJ Grimaldi, Attorney at Law, we know this is a confusing and complicated time, and we’re here to help you navigate through the difficult questions so you know what to expect in your future. 

Below you will find answers to common DUI questions. For specific information about your unique case, please contact our office for your free consultation and speak directly with TJ about the potential impacts of your DUI charge or conviction. 

What Does It Mean to Have a DUI on My “Record”?

People often refer to a singular “record” when talking about charges after a DUI. But, what is a “record”? 

Most commonly, the “record” refers to your criminal record. Charges on your personal criminal record may show up in background checks when you apply for jobs, seek a professional license, or apply for certain types of insurance or loans. 

Another “record” that is affected by a DUI is your driving record. Your driving record impacts how much you pay for auto insurance and whether or not you can get a license. 

How Long Does a DUI Stay on My Record in Florida? 

The answer to the question, “how long does a DUI stay on my record?” varies by state.

Each state has different DUI laws that affect how long a DUI will stay on your criminal record. In some states, a DUI may only stay on your criminal record for ten years, while in other states, it may stay on your record for life. In Florida, the laws are very strict. 

A DUI conviction in Florida stays on your criminal record for 75 years. 

The length of time that a DUI can stay on your driving record also varies by state. It can be on your record as short as five years or as long as your lifetime. 

In Florida, a DUI conviction will also stay on your driving record for 75 years. 

How Does a DUI Impact My Driving Record?

Having a DUI conviction on your driving record in Florida can impact you for years. A DUI conviction can remain on your driving record for 75 years, and the charge can affect whether or not you can obtain or keep a driver’s license. 

A DUI can also impact your insurance rates. Insurance companies typically look at the last three to five years of driving history to determine rates. If a DUI conviction occurred during that time-frame, it is likely that insurance rates will be much higher than if no DUI conviction is on the driving record. A DUI conviction on a driving record could cause insurance rates to go up by $5,000 per year. 

Can I Get a DUI Off My Criminal Record in Florida?

If you have been convicted of a DUI In Florida, the criminal record cannot be removed or expunged. If you were convicted at trial or plead guilty, the charge will stay on your record for up to 75 years.

If you have been arrested or charged with a DUI in Florida, but not convicted, you have options to get the DUI removed from your record. 

This is why it’s important to take your DUI charge seriously from the beginning. 

You may be able to get your records sealed or expunged if you can get the case dismissed or dropped to a lesser charge. You may also be able to participate in a pre-trial diversion program which can prevent a conviction.

In both scenarios, you may be able to avoid having a DUI on your criminal or driving record — but you need to work with a criminal defense attorney to take action before you are convicted. 

Related: What to Expect From a First Offense DUI

Get All Your DUI Questions Answered

If you want a clean criminal and driving record, it is best to get a DUI charge dismissed or have the charges lessened from the start. It’s your best chance of getting a clean record that won’t impact your life for years to come.

If you’ve been charged with or convicted of a DUI, it helps to have someone experienced with the system guide you through it. Rather than look for answers on your own, you can rely on an experienced DUI attorney who can give you straight answers and identify the best plan of action for your case. 

To ensure that you get the best possible outcome after a DUI charge, the team at TJ Grimaldi, Attorney at Law is here to help. If you’re looking for answers, we offer free consultations so we can talk to you about your case and explain how we can help. Don’t go through a DUI charge alone. Contact TJ Grimalid today by calling 813-226-1023 or requesting your free consultation. 

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How to File for Divorce in Florida

Deciding that you want a divorce can be very difficult. The process of going through a divorce shouldn’t be. We’re here to help you understand how to file for divorce in Florida to make the process as smooth as possible. 

If you’re thinking about filing for divorce, use this information to make sure you fully understand the process and know what to expect.

How to File for Divorce in Florida in 6 Steps 

There are many factors that can impact the divorce process. If it is contested, children are involved, or alimony is requested, there may be additional steps. But as a basic framework, these steps outline how to file for divorce in Florida. 

  1. One or both parties file a petition for Dissolution of Marriage. 
  2. If it is a contested divorce, the other party files an answer within 20 days.
  3. Both parties may be required to fill out additional paperwork and affidavits (related to material assets, child custody, alimony, etc.).
  4. Both parties may work together through mediation to come to an agreement.
  5. If no agreement is made, a trial may take place. 
  6. A final judgment is made, and the divorce is finalized. 

While these are the basic steps of most divorces, every divorce is different. Factors related to the marriage can make these steps move faster or slower and add to or shorten the process. 

If you are about to go through the divorce process, it’s a good idea to speak to an attorney who can listen to the specific details of your case and help you understand what you can expect based on your unique situation. 

FAQS for Filing for Divorce in Florida

If you are wondering how to file for divorce in Florida, knowing the answers to these frequently asked questions will help you navigate the process. 

What is a Simplified Divorce?

The fastest and easiest way to get a divorce in Florida is through a Simplified Divorce. A Simplified Divorce, or Simplified Dissolution of Marriage, is an uncontested divorce. Parties meet certain qualifications that enable them to expedite the divorce. To qualify, no children under 18 can be involved, and both parties must agree to terms set before the filling, agreeing to forgo the right to trial and alimony. 

How much does it cost to file for divorce in Florida?

The average filing fee for a dissolution of marriage and annulment in Florida is $408.00. Depending on the details of the divorce, there may be additional fees if the case needs to cover matters related to child custody, visitation, paternity, and support. If parties can’t afford to pay the fee, they can submit an Application for Determination of Civil Indigent Status, or a divorce filing fee waiver. This may be approved by the court to waive the fee. 

What forms do I need to file for divorce in Florida? 

For an uncontested divorce, you only need a Dissolution of Marriage form. This form along with any other forms needed to file for divorce can be found on the Florida Courts website. If the divorce is contested, involves alimony, or has children involved, other forms might be required in addition to the Dissolution of Marriage form. For example, if children are involved, a Parenting Plan or Disestablishment of Paternity form may also be required.  

How long does a divorce in Florida take? 

A Simplified Dissolution of Marriage with no disputes can be completed in about three months. A contested divorce can take longer, and the length will depend on the details of the case. On average, a disputed divorce takes around 12 months. 

Can I file for divorce without an attorney? 

Yes, you can go through the divorce process without legal counsel. The Florida State Courts System’s Self-Help Center offers assistance through self-help programs and court staff. But, it’s important to note that these resources can only help with administrative and procedural assistance. They cannot provide legal advice.

If you want legal advice — information about how to go through the process to get the best outcome — you need an attorney. An experienced divorce attorney can ensure that you go through the process properly and get the outcome you deserve. 

Don’t File for Divorce on Your Own

Going through a divorce isn’t always easy, but when you work with an experienced divorce attorney, it is easier. 

You don’t have the added stress of trying to navigate the legal process. You can find comfort in knowing that someone experienced with the process is guiding you toward the best possible outcome while making the situation as quick and smooth as possible. 

If you need help going through the divorce process, TJ Grimaldi is here to help. See how TJ can guide you through your divorce proceedings. All consultations with TJ are 100% free, so schedule your free consultation or call 813-226-1023 today to see how our team can make your divorce easier on everyone involved. 

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What to Expect From a First Offense DUI

Being charged with a first offense DUI is scary. Thousands of people in Florida are charged with a DUI each year, and the stakes are high for each and every person. But, while each case and person is unique, there are some standard processes and procedures you can expect for each first-time DUI charge. 

If you were recently charged with a first offense DUI, here are a few things you can expect and how you can plan to get the best possible outcome.  

What Is a First Offense DUI?

DUI stands for “driving under the influence.” It refers to driving a vehicle after consuming too much alcohol, which is defined by a legal limit of a blood alcohol concentration (BAC). The legal BAC limit is .08%, meaning any person driving a vehicle with a BAC of .08% or higher can be charged with driving under the influence. Drivers under 21 may be charged with a DUI with any level of BAC because it is illegal for them to consume alcohol in the first place. A first offense DUI refers to charges against someone who has never been charged with a DUI before.  

It’s important to note that a DUI offense includes more than just driving a vehicle after consuming alcohol. 

A DUI is interchangeable with a DWI. DWI stands for “driving while intoxicated.” This term includes driving while under the influence of any intoxicants that could impair driving. It includes driving while intoxicated by alcohol as well as painkillers, sleep medication, and other street or prescription drugs. You don’t need alcohol involved to get a DUI/DWI. You may also be charged if you are impaired from drugs, prescribed or illegal. 

DUIs aren’t exclusive to driving cars, trucks, and motorcycles. The “driving” part of a DUI is often associated with driving a vehicle. But, a person can also be charged with a DUI for operating a bicycle, a boat (often referred to as a “BWI”), or even a lawnmower. 

You may think a DUI always refers to a situation where someone was driving a car while intoxicated from alcohol, but it is not limited to that situation. It can also refer to a situation where someone was driving a boat while intoxicated from pain killers. 

What’s the Penalty for a First Offense DUI in Florida?

The situation for someone charged with a first offense DUI varies, but there are some standards for how each case will be processed. 

Is a first time DUI a felony or misdemeanor?

A first offense DUI will be classified as a misdemeanor, as long as no one was killed or seriously injured during the event. In that case, the charge may be classified as a felony. 

Will there be jail time? 

For most first offense DUIs, there is no minimum jail time. In Florida, jail time can be up to six months for a first offense. Factors determine if the driver will do jail time and if so, how long the term will last. Individuals convicted of a DUI may receive jail time if: 

  • The driver had a very high BAC
  • There was a passenger under 18
  • Property was damaged during the incident
  • Someone was injured during the incident 

Will I lose my driver’s license or get an IID?

Many first time DUI offenders will lose their driver’s license for some time. In Florida, license suspensions can last for 180 days to one year for a first offense DUI. 

An ignition interlock device (IID) requires a driver to blow into an alcohol sensor before starting the car to prove that they don’t have alcohol in their system. Typically, first offenders won’t get an IID unless the details of their case are severe. 

How much will I need to pay in fines? 

First offense DUIs almost always involve fines. Factors unique to the situation may cause fines to increase. In Florida, violators can expect to pay around $500-$1,000 in fines.

Will my car insurance go up? 

DUIs are reported to insurers, and it is likely that the insurance company will increase rates if an individual is charged with a first offense DUI. 

Reduce the Impact of a First Offense DUI 

As soon as you are charged with a DUI, talk to a criminal defense attorney about your options to see how they can help reduce the charges and penalties and/or help you clear your record. 

If you believe that you have been unfairly or unjustly charged with a DUI, you can fight it. You may be able to get your case dismissed if you can prove: 

  • Faulty breath or blood testing 
  • That a medical condition or mouth alcohol contaminated results  
  • Police misconduct or that there was no probable cause for the stop 

If you were justly convicted of a first offense DUI, it doesn’t mean you will have a DUI following you around forever. There are steps you can take to clear your record. Talk to your attorney about programs that can reduce the impact of your DUI for the short and long term.

Don’t Go Through a DUI on Your Own

While there are some standard guidelines and procedures involved with every DUI, each DUI case is unique. If you’ve been charged with a first offense DUI, don’t go blindly through the system on your own. Work with an experienced DUI attorney who can make sure your unique situation is handled with care and consideration.

Contact our offices to get a free consultation so we can learn about the specifics of your case and see how we can help you get the fairest outcome possible. Request your free consultation or call us at 813-226-1023 today. 

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What To Do After a Car Accident That’s Not Your Fault

The moments after a car accident are scary. You may be injured, disoriented, and confused about what steps to take — especially if the car accident wasn’t your fault. 

We hope that you never find yourself in this situation, but we also want you to be prepared if you do. 

Knowing what to do after a car accident that’s not your fault can help you keep calm, stay safe, and perform the due diligence needed to get the healthcare treatment and legal justice you deserve. It can protect you, your passengers, and your rights. 

Here’s what to do after a car accident that’s not your fault. 

#1) Check yourself for injuries. 

The first priority after a car accident is to check yourself for injuries. Take a deep breath, and do a body scan to see where you may have been injured. Note that adrenaline may kick in after a car accident, and it’s possible that you could have injuries that you don’t immediately notice. Scan your body, and if you have a severe injury, wait in the vehicle and call for help.

#2) Check your passengers for injuries. 

Next, check any passengers in your car. Give them directions to scan their bodies, reminding them that they may not feel certain injuries as their bodies react to the shock of the car accident. If a passenger has an injury, call for help and offer aid. 

#3) Assess your surroundings and move to safety — if possible.

If you and your passengers are in stable condition, your next action should be assessing your situation and deciding if you can and should move to safety. 

If you were in a car accident that wasn’t your fault, you may think you should leave the vehicle as is so you can gather evidence about the accident. But, if the vehicle is in a position that is dangerous and is in condition to be moved, move it to safety.

If the vehicle can’t be moved, take a moment to assess your surroundings before leaving the vehicle. Check for traffic or hazards outside before exiting. 

#4) Check on others, and call 911. 

Once safe, check on the drivers and passengers of other involved vehicles, and call 911 for help. Depending on the severity of the accident, you may need police and/or emergency care services. Report the accident, and provide as much detail as possible to help emergency teams assess your needs. 

#5) Gather information. 

If you were in a car accident that wasn’t your fault, it’s important to collect as much information as possible. The more details you have, the better your case will be if insurance companies fight, deny, or downplay your claims. 

Collect: 

  • Names and contact information of involved drivers
  • Insurance information for involved drivers
  • License plate information and make, model, and color of involved vehicles 
  • Names and contact information of other passengers
  • Names and contact information of any witnesses
  • Name and badge number of police officers (ask them when and where you can get the police report)
  • Location and time of the accident
  • Dashcam footage, if available 

Use your phone to take photos of all involved vehicles, and capture close-up photos of damages (inside and outside of vehicles). Also, consider writing down any notes about what happened leading up to the accident while your memory is still fresh. 

#6) Seek medical care. 

You may feel fine after an auto accident, but you may not fully feel the effects of the accident for a few hours or even a few days. 

Be proactive, and seek medical care to ensure that you don’t have any issues that need immediate assistance. Plus, a medical report can help you in the event that you have injuries caused by an accident that wasn’t your fault. It can be useful in proving damages.  

#7) Get legal help. 

If you’re in an auto accident that wasn’t your fault, the at-fault driver’s insurance company is responsible for damages. But, it may not be as simple as filing a claim to get what’s due to you.

To make sure you go through the claims process properly and get full compensation for damages, talk to a personal injury attorney with experience in auto accidents. An attorney can guide you through the process and make sure you get what’s due to you. 

If the accident wasn’t your fault, you may be entitled to more than just damages for your vehicle and immediate medical treatment. You might be entitled to costs related to:

  • Long-term physical therapy or treatment
  • Mental health treatment
  • Lost wages 
  • Lost funds (for example, the cost of canceling a vacation due to the accident) 
  • Long-term pain and suffering

An experienced auto accident attorney can make sure you get what you need to become whole — physically, emotionally, and financially — after a stressful car accident. 

Have you been in a car accident that wasn’t your fault? 

If you don’t know what to do after a car accident that wasn’t your fault, we’re here to help.

All consultations at TJ Grimaldi are free. We’re here to listen to your story and tell you how we can help you get what’s due to you. Request your free consultation or call 813-226-1023, and talk to me personally about how my team can help you fully recover after a car accident. 

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