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December 2014 Archives

DUI's on New Year's Eve

DUI's on New Year's Eve are common since law enforcement is out in full force and with so many parties they are sure to find people.   Cops may set up checkpoints as well which is throwing a net out there and hoping to catch something.  

Need to know about Drug Paraphernalia arrests

Being caught with "drug paraphernalia" even without the drugs is serious charge in the state of Florida. Any type drug paraphernalia possession is a misdemeanor punishable by a maximum sentence of one year imprisonment and a maximum fine of $1,000. The state defines any product, equipment, or device used to make illegal drugs as "paraphernalia".

DUI Expungement process

Being charged with a DUI is about as serious as it gets. You could be looking at heavy fines, probation, loss of your driving privileges, and possibly even serve some jail time. Making matters worse is that a DUI conviction is not expungeable. In the state of Florida, anyone convicted of a crime cannot seal or expunge their record.  This means you could miss out on a dream job, just because that DUI stays on your record. Expungement, sometimes called "expunction," or "sealing a conviction" or "setting aside a criminal conviction," effectively hides the DUI or DWI arrest and/or conviction in the eyes of the law.

Blood-alcohol testing: Why it's not fool-proof in every instance

Many of our readers across Florida have likely read stories or otherwise heard of cases where a stopped motorist who was administered a breathalyzer test and subsequently convicted of drunk driving flatly contended that he or she was not under the influence of alcohol.

Concealed Weapons Charges under FL law

Despite what you may think or hear, it's not very easy to carry a gun legally in the state of Florida. For example, if you have history of stalking or domestic abuse, it is unlikely that you will be permitted to carry a gun. While the state of FL respects and even embraces "open carry", if you illegally obtain and carry a firearm you will suffer some serious legal consequences.

New law on Leaving Scene of an Accident means tougher sentence

Being involved in a car accident is a scary experience. It doesn't matter if it is something as simple as a fender-bender. But just because it's a frightening ordeal doesn't mean you can leave the scene of an accident. Especially if there is a serious injury involved!  A new law in Florida is harshly punishing drivers who leave the scene of an accident, involving a death. What once carried a minimum mandatory of 21 months in prison, now carries a minimum mandatory of 4 years in prison. And because it is a first degree felony, it now carries a 30 year maximum sentence. 

Assistant city attorney in St. Pete accused DUI and test-refusal

Any DUI offense is a significant charge. Being accused of driving under the influence is more than a glorified traffic ticket. A conviction for drunk driving is entered on your driving record and can be used to enhance future charges. In Florida, prosecutors will likely pursue a felony DUI charge is a driver arrested for drunk driver has two prior DUI convictions on his or her record in the prior decade. Conviction is an operative word in this situation.

Challenging the legitimacy of a DUI traffic stop

If you are out driving and you suddenly see flashing lights in your rearview mirror, the first question you probably ask (to no one in particular) is: “What did I do?” In some cases, you might not be aware of breaking any laws. Other times, you might know that you were doing something illegal but don’t know how the officer spotted you.

Public Intoxication

What you might consider as having "one too many" and behaving badly out in public, could be considered public intoxication by local authorities. The state of Florida addresses public intoxication as when and if it results in disorderly behavior. If you're intoxicated to the point where you "endanger the safety of another person or property" or "cause a public disturbance", you will pay the price.

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