why did three lawyers in florida try to set up another lawyer in dui

A Florida judge will soon decide if three well-known Tampa attorneys tricked a rival lawyer into getting a DUI in an attempt to derail opposing counsel on a defamation case.

Full Answer

Is a third DUI a felony in Florida?

Aug 28, 2015 · Three attorneys may face disbarment for their roles in having an opposing attorney arrested for DUI while they battled each other in the courtroom. × Join Over 800,000 Attorneys and Law Students!

Can a judge assign jail time for a first offense DUI?

May 10, 2014 · Published May 9, 2014. TAMPA — Three lawyers accused of setting up opposing counsel for a DUI arrest in a notorious legal scandal are officially in trouble with the Florida Bar. The agency that ...

What is a DUI in Florida?

Aug 25, 2016 · Adams, Filthaut and a third member of the firm, Stephen Christopher Diaco, took part in a scheme to set up a DUI arrest of one of Schnitt's lawyers, Phillip Campbell, according to the Supreme Court.

What is the penalty for a 2nd offense DUI in Florida?

Jan 29, 2016 · Florida lawyer Stephen Diaco has been permanently disbarred for his role in setting up an opposing lawyer for a drunken driving arrest during a 2013 trial. ... The court previously suspended Diaco ...

Who represented the trio in the bar hearing?

Greg Kehoe represented the trio in the bar hearing. He said, “We’re very disappointed and we, of course disagree with the factual recitation…It’s unfortunate none of the mitigating factors were taken into account. We plan on appealing to the Supreme Court.

Where did Campbell meet his trial partner?

On January 23, 2013, during the trial, Campbell walked from his office to meet up with his trial partner at Malio’s. The restaurant was within walking distance to Campbell’s condo.

Is a third DUI a felony?

As noted above, a third DUI that occurs within ten years of a prior DUI conviction can be charged as a felony. However, a fourth or subsequent DUI is a felony regardless of when the priors occurred. Also, DUIs that result in serious bodily injury or the death of another person are considered felony offenses.

Can a DUI be plead down?

Plea Negotiations. DUI offenses involving manslaughter, a BAC of .15%, or prior DUI convictions cannot be plead down, reduced, or dismissed. However, other eligible offenses may be eligible for a DUI diversion or to be plead down to a "wet reckless" charge to avoid certain penalties and repercussions. Protect Yourself.

What is the BAC of a DUI in Florida?

In Florida, a motorist can get a DUI for driving or being in actual physical control of a vehicle while "under the influence" or with a blood alcohol concentration (BAC) of .08% or more. A driver who is deprived of full possession of normal faculties will be considered under the influence.

What is implied consent in Florida?

Florida law requires all drivers lawfully arrested for a DUI to consent to a chemical test of their breath, blood, or urine to determine the presence and amount of alcohol or drugs. This "implied consent" law imposes a one-year license revocation on drivers who refuse testing and an 18-month revocation for any subsequent refusal.

How many hours of community service is required for a DUI?

First offense. In addition to the stated penalties, a first-offense DUI requires one year of probation, 50 hours of community service, and a ten-day vehicle impoundment.

How much jail time is required for a DUI?

In addition to the stated penalties, a first-offense DUI requires one year of probation, 50 hours of community service, and a ten-day vehicle impoundment. If the driver had a minor passenger or a BAC of .15% or more, the judge can order up to nine months in jail and a fine of $1,000 to $2,000. Second offense.

Can a DUI be reduced?

DUI offenses involving manslaughter , a BAC of .15%, or prior DUI convictions cannot be plead down, reduced, or dismissed. However, other eligible offenses may be eligible for a DUI diversion or to be plead down to a "wet reckless" charge to avoid certain penalties and repercussions.

What to do if your lawyer doubts you?

Tell the Truth. If your lawyer doubts you in the consultation, or doesn't think you have a case, while that may change over time, getting over an initial disbelief is very hard. You have to prove your case. Your attorney is not your witness. They are your advocate - but you are responsible for coming up with proof.

What is the difference between a lawyer and a client?

Well, truth be told, neither do I. The difference between lawyer and client is that the lawyer expects it to take a long time and understands. The client typically thinks it's unjustified. So, your hard truth is that each case takes time. Be patient.

What happens if you don't pay your lawyer?

If you don't pay your lawyer on the day of trial, or however you have agreed to, then while he or she may be obligated by other ethical duties to do his/her best, they won't be motivated by sympathy for you, and it will show in court.

Can a lawyer take your money?

While lawyers can certainly take your money and your time and we can file a case that will be very hard to win, if you don't care enough about your life to get a contract, the judge is not very likely to be on your side. At least, not automatically. Oral contracts are extremely hard to prove. What are the terms.

Do juries get it right?

While juries usually get it right, sometimes, it's not about whether a particular matter is emotional or simple, complicated or straightforward. Sometimes people make decisions on who has the nicer suit, or who is more pleasant to deal with. So even if your case is good or even if it's not so strong.