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February 2015 Archives

Don't touch the wheel as a drunk passenger, you could face a DUI

We hear it from police and on ads for alcohol: find a sober ride. Don't drink and drive. For a lot of us, this message will forever be ingrained in our minds, even when we are intoxicated and considering how we will get ourselves home. For those who have heard the warnings, they may ask a friend who they believe to be sober to drive them home. This is the responsible thing to do, right?

Why do police officers check your gaze during a DUI stop?

Whether it was on a television show or you experienced it in real life, most people are familiar with the three tests that are given to most drivers during a field sobriety test. The first two are typically the one-leg-stand tests and the walk-and-turn test. But it's the third of these tests that we'd like to take a closer look at in today's post.

What '10-20-Life' Law Means

There is no denying that the state of Florida is extremely tough when it comes to punishing law-breakers. Florida's strict "10, 20, Life" sentencing law is a law that applies a sentence of 10 years for employing a gun in the commission of a crime, 20 years for firing the gun in the commission of a crime, and 25 to life for injuring or killing someone with a gun. 

NFL Player Found Not Guilty Of DUI

In a DUI case dating back to 2012, Detriot Lions player Nick Fairley was found not guilty. The case took more than two years to reach trial but ended up lasting less than three days between jury selection, both arguments, and the jury's deliberations. The jury in Mobile County, Alabama, felt Fairley was not guilty.

What happens if I refuse a breath test in Florida?

Most people here in Florida actively try to follow the law because they know that if they break it, they could face serious legal consequences that could lead to fines and even time in jail. With some criminal offenses, a past charge could have a significant impact on future charges, resulting in even steeper fines and even longer prison sentences.

Keeping your window up at a DUI checkpoint

An interesting question keeps popping up here in the state of FL. Can you legally keep your window rolled up at a DUI checkpoint? An attorney has gained national attention for distributing controversial fliers that drivers can show police during traffic stops and DUI checkpoints, in order to avoid arrest for driving under the influence. 

Resisting an Officer Without Violence

Resisting an officer sounds confrontational by nature, but is it really? In the state of Florida, if you resist an officer without violence you will be arrested on the spot. It's considered a non-violent obstruction of the law, since you are getting in the way of execution of that officer's legal duty. That could mean interfering with an officer's arrest of your friend. If that still doesn't sound like a big deal to you, maybe this will: Resisting Without Violence is a first degree misdemeanor, that can carry up to one year in prison, or a full year of probation and a $1,000 fine.

How Toll Violations can lead to a Suspended License

Here in Florida, the invention and use of the "SunPass" back a couple of decades ago, ushered in an easier toll-roads driving experience. No longer were drivers forced to dig for loose change and throw it into a basket. With a transponder attached to your windshield, you can drive and go all over FL toll roads as you please, and save some money as well. 

Resisting an officer without using violence

Resisting an officer sounds confrontational by nature, but is it really? In the state of Florida, if you resist an officer without violence you will be arrested on the spot. It's considered a non-violent obstruction of the law, since you are getting in the way of execution of that officer's legal duty. That could mean interfering with an officer's arrest of your friend. If that still doesn't sound like a big deal to you, maybe this will: Resisting Without Violence is a first degree misdemeanor, that can carry up to one year in prison, or a full year of probation and a $1,000 fine.

Child Abuse cases are difficult for all involved

One of the more difficult and disturbing cases attorneys have to deal with are child abuse cases. Members of the DCF (Department of Children and Families) have been quoted as saying that child abuse cases are "extremely difficult". This is mainly due to the difficulty of "predicting human behavior", as well as considering what is "crossing the line" when it comes to being a strict parent. For every case involving the DCF possibly missing the signs of potential child abuse, there are cases where they might have assumed too much.  

Petit Theft

Petit theft is typically a misdemeanor theft charge in the State of Florida.   A second degree petit theft means the value of the items taken were less than 100 dollars whereas a first degree petit theft means the value is 100-299 dollars.   Or you can get charged with a first degree theft if you have a prior petit theft conviction even if the amount is less than 100 dollars.

DUI at the strangest time

You always have to be on the lookout for DUI checkpoints. Having "just a few drinks", and getting behind the wheel of your vehicle can still leave you vulnerable towards a DUI arrest or even an accident. But here's a DUI story, involving an odd vehicle, you won't hear very often. 

Why you must know about 'Open Container' laws

Last night millions of Americans were celebrating our favorite unofficial holiday...the Super Bowl. Some of us were watching at home, perhaps even hanging out in the backyard of a friend's party. Many of us watched the big game at a bar. How many of us walked outside, in a neighborhood or around a bar, holding an open container full of alcohol? Or maybe even sat in the passenger seat with an open container of alcohol? Carrying an open beer or any other kind of alcoholic beverage is a risky proposition. In the state of FL, it's illegal for a driver or passenger to be inside a vehicle while possessing an open container of alcoholic, while the vehicle is being operated.

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