The requirement to have an interlock device installed in your car if you get a DUI has historically been reserved for cases where the BAC was significantly higher than the 0.08% limit (at .15%) or if the driver was transporting a minor child at the time of DUI arrest. However, there have been pushes for changes to these requirements, and that movement seems to be gaining ground. A recent proposal to make the interlock requirement apply to all first time DUI offenders, even those who do not have a BAC as high as .15% and/or are not driving with a minor in the car, has passed its first hurdle in the State Legislature. If the initiative continues forward, there could be changes coming… Continue reading
The breath test is the most common way police officers make a determination that a driver has had more to drink than is legally allowed before operating a vehicle. Once an officer observes a driving pattern that is indicative of drunk driving, the car can be pulled over the drive questioned. If the questioning leads the officer to believe the driver has had too much to drink, he or she can ask the driver to submit to a breath test. When the breath test results show an alcohol concentration in the driver’s system of 0.08% or more, a ticket and arrest for DUI can be written. This type of scenario makes it critical for every driver on Florida roadways to know a few things about how breath tests work, and what types of things… Continue reading
With all of the focus on the legalization of marijuana in Florida, some important information on other types of drug charges may be getting overlooked. Remember that the crack down on drugs is not limited to pot, and even if you are engaged in legal activity regarding marijuana, there are still plenty of illegal activities as far as other substances are concerned. Once final, the legalization of marijuana will apply only to that substance, and if you are caught with cocaine, methamphetamine, or any other banned substance you can be arrested and brought up on drug charges.
Two parts to every drug bust, that is the responsibility of the State to prove in order to get a conviction against you, are:
- That you were knowingly in possession of the drug in question.
- That you were… Continue reading
Unless you have a background in science you might be intimidated when trying to challenge the result of a scientific test. The methodology used and the scientific terms are often times difficult for the layperson to understand, let alone question. So if you have been charged with DUI after having “failed” a breath test, you might be thinking that there is little hope for a good defense. But the truth is breath tests are not as reliable as an arresting officer might have you believe, and successful challenges to the test results can be made in a large majority of cases.
Four common challenges to breath tests in DUI cases that just might work for your case include:
- Challenging the maintenance of the equipment. The equipment used to test the level of alcohol in your system has to be maintained a certain… Continue reading
Being arrested for DUI means a lot of things, and not many of them are fun. But it does happen, and it happens more than you might think. So, if you have been charged with DUI the best thing you can do is take a deep breath and being to prepare your defense. Preparation should start with contacting an experienced DUI defense attorney, and explaining what happened before, during and after the arrest. The facts you are able to relay to your attorney can help you establish a solid defense, and might just save you a trip to the jail house or loss of your driving privileges.
Five possible penalties when you are convicted for DUI are:
- An increase in your insurance rates. Money is tight for most everyone these days, so if you have… Continue reading
Being arrested for a drug related offense is a serious matter that can have serious consequences. The punishment for possession or some other drug crime can include jail time and loss of other liberties. This is true even if you are charged in a case that seems minor, such as misdemeanor possession of marijuana. A lot of people don’t consider marijuana to be a “hard drug”, and thus are unaware of how serious an arrest can be when caught with the substance. And now that there is movement towards legalization of marijuana for medicinal purposes, the thought of some is that there is no harm in simple possession or that it won’t be long until marijuana is legalized for other purposes. But until that time comes, you do have to be careful and act fast if you are facing possession or other drug related… Continue reading
If you have been placed on probation then you know that there are certain things you can do and certain things that are prohibited. You probably also know that if you do something that is prohibited you can be charged with violating your probation. A probation violation or VOP is a new charge that you have to defend, and with every violation comes the risk that your supervision will be revoked. All of this is should sound familiar if you have been arrested and negotiated a plea that included a term of probation. But there are also some things about probation that are not as obvious, but just as important.
Five things you might not know about probation, but should if you are considering agreeing to a term, are:
- You… Continue reading
Weather stations across the country have been reporting sunnier days in the midst of cold weather and residents from all parts of the nation are gearing up for summer. Snow birds are still in season, and we are in prime time for wine and food festival, charity dinners and often, DUI.
Not only does Florida have miles and miles of beautiful coast line, but also events for just about every taste. And, speaking of taste, a popular festival that involves good food and wine is getting ready to take place just to our north. The Vero Beach Wine and Food Festival has been a success in the past, and there is no reason to think it will not be a hit again in a few short months. But if you plan to go, do… Continue reading
In November 2016 the most publicized issue at the voting polls was the choice of president, but there were more issues on the election ballot than just the race for the White House. Most states had local issues to decide and here at home one of those issues was the legalization of marijuana for medicinal purposes. Known as Amendment 2, the measure passed with just over 70% of the vote. But the “yes” vote was not an all clear to do as one wishes, and in the months that have followed there have been additional questions that have arisen, and getting answers is imperative if anyone is expected to act within the letter of the law.
A quick three point update on the status of medical marijuana in Florida includes the following information:
- Of… Continue reading
If you are in the habit of catching either the morning or evening news, or even check the feed on your social media accounts throughout the day, chances are you have seen a lot of stories about what is going on in the world today. Most of those stories focus on actions taken by the new President, and how those actions might have an impact on the everyday American citizen. One of the hottest topics has been immigration, and the memory of Trump’s disparaging remarks about people from other countries may still be fresh. If your daily routine does not include taking a peek at the latest news, you might want to make some changes to your schedule and tune in for a few minutes to see if there is anything you need to know about being reported.
Five good reasons to keep up on… Continue reading