Melbourne DUI Lawyer | Shield Firm

Where Melbourne DUI arrests tend to start

Melbourne covers a lot of ground, from downtown Melbourne and the Eau Gallie Arts District to the neighborhoods along Wickham Road. DUI stops are commonly made by the Melbourne Police Department on US 1, US 192 (New Haven Avenue) and Wickham Road. On I-95, the Florida Highway Patrol may make the stop instead.

The city is also home to Melbourne Orlando International Airport, so some drivers stopped here are visitors in rental cars or travelers on their way to a flight. A DUI is prosecuted in the county where the arrest happened, even when the driver lives somewhere else.

The criminal case in Brevard County Court

Melbourne DUI charges are filed in Brevard County Court, part of the Eighteenth Judicial Circuit. The county has courthouses in Melbourne and Titusville as well as the Moore Justice Center in Viera, its main courthouse, and the court assigns the location of each hearing. The first formal date is arraignment, where the charge is read and a plea is entered.

Discovery then gives the defense the state's evidence, including reports, breath records and video. Florida also allows depositions of witnesses in criminal cases. In misdemeanor cases, which include most first and second DUIs, depositions are more limited and generally need a showing of good cause. If the stop or arrest was unlawful, a motion to suppress asks the judge to exclude the evidence that came from it.

The license case and its 10 day window

Separately, the Florida Department of Highway Safety and Motor Vehicles handles an administrative suspension that begins with the arrest. A request for a formal review hearing has to be made within 10 days. Without that request, the suspension takes effect.

A hardship license, sometimes called a business purposes only license, may be available during some suspensions. Eligibility depends on the type of suspension and the driver's record, and enrolling in DUI school is part of the process.

Help from across the Indian River

The firm's nearest office is in Satellite Beach, across the Indian River. Calls are answered 24 hours a day and the first case review is free, so the deadline and the court schedule can be discussed early.

Melbourne at a glance

County: Brevard County
Court: Brevard County Court, which sits at the Moore Justice Center in Viera and at courthouses in Titusville and Melbourne
Circuit: Florida's Eighteenth Judicial Circuit
The firm's nearest office is in Satellite Beach, across the Indian River. See Satellite Beach office.

Other Brevard County cities

General information only, not legal advice. Every case depends on its own facts, and prior results do not guarantee a similar outcome.

Melbourne DUI questions

Brevard County Court, which is part of the Eighteenth Judicial Circuit. A Melbourne case is not tied to one building: Brevard holds court in Melbourne, in Titusville and in Viera, and the court decides where each hearing goes. In many misdemeanor DUI cases, a lawyer can appear for the client at pretrial hearings, so not every date needs the client there.

The case stays in Brevard County because that is where the arrest happened, even if you live in another state. A Florida suspension can be reported to your home state. In many misdemeanor DUI cases, a lawyer can file a written not guilty plea at arraignment and handle pretrial hearings, though presence rules depend on the case.

It starts an administrative suspension through DHSMV, separate from the criminal charge. There are 10 days from the arrest to request a formal review hearing, and if no request is made, the suspension takes effect. A hardship license may be possible in some situations, depending on the suspension type and your driving record.

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