Can I get 6 months of time for my first DUI with no accident or prior records ?

There's a U.S. Supreme Court case, Kehoe, which places the burden in the State to establish that an actual traffic violation was committed before a stop can be judged "valid". If the office charged you with the violation of disobeying a traffic control device (running a stop sign), and there was, in fact, no stop sign, you have a shot. However, when entering a roadway, you have a duty of due care to make certain, even if no stop sign is there, that your driving doesn't create a hazard to other traffic. I think you have a good chance, based on only what you've written here. There's always a little more to the story. Find a good lawyer who will dig into this, get some photos of the location, either by yourself or by an investigator. Good Luck.

six months is the maximum for a first offense dui. it is possible for someone to be sentenced to six months, but it would be unusual and even then, probably only after trial where the defendant testified and the court believed the defendant perjured him or herself. if the defendant had a very bad criminal record, a court might also decide that a long period of incarceration fit the circumstances. florida statute three sixteen, one twenty one sub c states " (3) The driver of a vehicle about to enter or cross a state-maintained road or highway from a paved or unpaved road and not subject to control by an official traffic control device shall yield the right-of-way to all vehicles approaching on the state-maintained road or highway. you should avail yourself of an experienced criminal defense attorney to discuss your various options and decide on a course of action. good luck

Sounds like a valid motion to suppress the stop. An experienced lawyer may be able to persuade State Attorney to reduce charge to reckless driving.

If that was the only basis for the stop, then you have a shot. If offer is 6 months, then you go to trial, nothing to lose, but not usual to get jail on a first time offense with no prior a or injury. You should talk to a criminal defense attorney immediately.

Based on the facts given, you have a good chance of getting this thrown out for a bad stop. You should consult with a criminal attorney near you ASAP. Most attorneys like myself offer a free initial consultation. Good luck. Sincerely, B. Elaine Jones, Esq.

You have a great shot at winning your case, if you hire a lawyer. If you don't hire a lawyer, you will have a very difficult uphill battle. There are issues that should be preserved in depositions and legal tools such as a motion to suppress that should be filed. But there are rules governing the content, the filing and the arguing of these motions. They are governed by the Florida rules of criminal procedure. You should seek professional help especially when you have a chance at winning as you do in this case