Tag Archives: tampa traffic attorney

DUI and the Impact of Marijuana Laws

With the recent legalization of marijuana in Colorado and Washington, the discussion is beginning on when this type of legislation will reach Florida. The enactment of this legislation has prompted universities in Colorado and Washington to issue bans on using, possessing, and cultivating the substance on campus; and the bans are supported by the fact that marijuana is still prohibited by federal laws.

This effect, however, begs the discussion of how marijuana legalization will impact the way states craft their own respective laws to address the potential abuse and misuse of the substance? In regard to DUI laws, it is important to know that under Florida State Statute 316.193, being under the influence pertains to both alcohol and drugs. Therefore, if you are under the influence of drugs and are in actual physical control of a vehicle, you can potentially be charged with a DUI. A common misconception is that the use of alcohol is the only factor involved in being charged and convicted of DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) or if they simply suspect that your normal faculties are impaired from the use of alcohol or drugs while operating a motor vehicle.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact Tampa Criminal attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward. Attorney, Michael Blickensderfer has 25 year’s legal experience and is licensed in Florida, New York and New Jersey. Blick Law Firm seeks to help the hurting and those in need. Think quick, call Blick!

Posted in Criminal Law, DUI | Tagged , , , , , , , , , , , , , , , , , , , , , , , , | Leave a comment

DUI and the Potential Effects

On a daily basis, Florida drivers receive DUI’s and face obvious and hidden consequences that can have a wide reaching personal impact. When a person is charged with a DUI, the consequences may include:

  • License Suspension
  • Drastic Insurance Increases; especially when required to obtain FR-44 insurance coverage
  • Complications with Employment; both present and future
  • Driving Restrictions that require additional costs such as an Interlock Device installed in your vehicle for a period of 6 months, 1 year, or even 2 years, depending on your situation
  • Probation
  • Legal Fees and Court Costs

These consequences contribute to a multitude of difficulties that one faces when battling a DUI charge. It is important to fully understand and appreciate the severity of possible consequences associated with DUI, and always take all possible steps to avoid Driving Under the Influence.

DUI, or Driving Under the Influence, generally refers to a person who has physical control of a vehicle while that person’s normal faculties are impaired by any type of drug, including alcohol, illicit drugs, and even prescription medication. Therefore, if you are under the influence of drugs other than alcohol and are in actual physical control of a vehicle, you can still potentially be charged with a DUI.

In Florida, a blood alcohol level of .08 or more constitutes alcohol impairment beyond the legal limit. However, a police officer may still arrest you for a lower blood alcohol concentration (BAC) if they suspect that your normal faculties are impaired while operating a motor vehicle. Having a BAC under a .08 will increase your chances of overcoming the DUI conviction, but you may still be arrested and endure several hassles that go along with combating a DUI charge.

Police officers will pull drivers over for a number of traffic offenses, even minor ones, and initiate immediate conversation to determine the potential impairment of the driver. To assess the physical signs of impairment, Police will be looking for the ability to maintain eye contact, slurred speech, the smell of alcohol on a driver’s breath, or bloodshot eyes.

Know that your behavior once you’re pulled over is being scrutinized immediately, especially when pulled over late in the evening or after leaving a bar. Therefore, being polite, answering questions respectfully, and not making legal arguments is in your best interest.

While it is your right to not answer any questions without a lawyer present, not doing so will certainly raise the officer’s suspicion and they will likely investigate further. It is wise to answer questions vaguely and avoid delving into specifics, including any amount of alcohol you have consumed, or that you just left a party, bar, or football game.

If the Police are suspicious, they will tell you to exit the vehicle, and you must. However, you may refuse to submit to any sobriety tests conducted. Even if you think you can pass the sobriety exercises, it is likely in your best interest to politely refuse because the officer determines whether you passed based solely on their own judgment. Know that you always have the right to contact an attorney before you submit to any test.

If you are charged with DUI, it is important to seek legal counsel immediately! Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with attorney Michael Blickensderfer to determine what your options are moving forward.

Posted in Blog, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Driving with a Suspended License

Everyday Florida drivers get behind the wheel unaware that their diving privilege has been suspended, cancelled, or revoked. Law enforcement officers make daily arrests for driving with a suspended license which can lead to complications when trying to reinstate your driving privilege.

Driving without knowledge of the suspension generally leads to the issuance of a non-criminal citation. However, it is important to know that payment of the non-criminal citation operates as an acknowledgment of guilt and points may be assessed against your license because it is considered a moving violation.

In Florida, it is a criminal traffic offense if a driver operates a motor vehicle with knowledge that their driver’s license is cancelled, suspended, or revoked. The following charges may result from Driving with a Suspended License with knowledge of the suspension:

(1) First conviction is a second degree misdemeanor;

(2) Second conviction is a first degree misdemeanor;

(3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

It is important to know that multiple infractions of Driving with a Suspended License can lead to very serious consequences, and drivers with repeated violations can become listed as a Habitual Traffic Offender.

The penalty of driving with your license suspended, whether you have knowledge or not, can be serious and generally lead to complications with your future driving privilege.

If you or a loved one have been arrested or issued a citation for driving with a suspended license, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.

Posted in Blog, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Driving with a suspended license in Florida

Effective July 2008, Florida Statutes 322.24 went into effect concerning whether certain offenses for driving while license is cancelled, suspended or revoked are misdemeanors or felonies.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has knowledge of his or her cancellation, they understand they are committing a criminal traffic offense. The following charges are possible:  (1) First conviction is a second degree misdemeanor; (2) Second conviction is a first degree misdemeanor; (3) Third, or subsequent conviction, is a third degree felony and possible jail time may have to be served.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has no knowledge of his or her cancellation, they understand they are committing a non-criminal traffic infraction, unless he or she is a Habitual Traffic Offender (HTO).

*If a driver whose license or driving privileges is revoked as a Habitual Traffic Offender , they are guilty of a third degree felony.

The penalty of driving with your license suspended, whether you have knowledge or not, holds serious consequence(s).

Hiring a Criminal Defense attorney may be beneficial for you. An attorney helps you check your record and assists you in sorting out your license issue(s) to get you back on the road as soon as possible. Contact Blick Law Firm today if you find you have been charged due to driving with a cancelled, suspended or revoked license in Florida.

Posted in Blog, Criminal Law | Tagged , , , , , , , , , , , , , , , , , , , , | Leave a comment

Blick Law Firm discusses driving on suspended license

Thank you for watching Minute with Mike, free legal advice answered by attorney Michael C. Blickensderfer every Wednesday at Noon.

Today’s topic: Driving with a suspended license. Driving with a suspended license has severe consequences such as traffic ticket, 1st and/or 2nd degree Misdemeanor, Felony and possible jail time. Reasons that you can get your license suspended: child support delinquency; Habitual Traffic Offender (HTO); Violation resulting in death or personal injury; failure to comply with traffic summons or pay fines; giving false information on a license application; getting too many points; refusing to comply with state laws; refusing a blood alcohol test; lacking Florida Insurance; ignoring your traffic tickets and getting a DUI.

There are many other reasons that you may have your license revoked or suspended. Hiring a Criminal Defense attorney may be beneficial for you. An attorney helps you check your record and assists you in sorting out your license issue(s) to get you back on the road as soon as possible.

Blick law Firm is a local Tampa Bay legal firm specializing in chapter 7 and chapter 13 bankruptcy, personal injury, criminal and real estate law all across the state of Florida.

The owner, Michael C. Blickensderfer has 25 years legal experience in Florida, New York and New Jersey. Blick Law Firms practice areas include criminal law, DUI/ Traffic, real estate transactions, loan modifications, short sales, foreclosure defense, bankruptcy, title insurance and real estate litigation.

We also serve clients in personal injury, including auto accidents, motorcycle accidents, slip and falls premises liability, dog bites, marine and aviation accidents and wrongful death.

For further information regarding our legal services please visit our website at www.blicklawfirm.com. Former prosecutor, former Marine. Think quick, call Blick! 813-931-0840.

Posted in Minute with Mike, Video Vault | Tagged , , , , , , , , , , , , , , , , , , , , | 1 Comment

Drunken driving, traffic crime deportations way up

WASHINGTON (AP) — Huge increases in deportations of people after they were arrested for breaking traffic or immigration laws or driving drunk helped the Obama administration set a record last year for the number of criminal immigrants forced to leave the country, documents show.

The U.S. deported nearly 393,000 people in the fiscal year that ended Sept. 30, half of whom were considered criminals. Of those, 27,635 had been arrested for drunken driving, more than double the 10,851 deported after drunken driving arrests in 2008, the last full year of the Bush administration, according to Immigration and Customs Enforcement data provided to The Associated Press.

An additional 13,028 were deported last year after being arrested on less serious traffic law violations, nearly three times the 4,527 traffic offenders deported two years earlier, according to the data.

The spike in the numbers of people deported for traffic offenses as well as a 78 percent increase in people deported for immigration-related offenses renewed skepticism about the administration’s claims that it is focusing on the most dangerous criminals.

President Barack Obama regularly says his administration is enforcing immigration laws more wisely than his predecessor by focusing on arresting the “worst of the worst.” He promised in his 2008 presidential campaign to focus immigration enforcement on dangerous criminals. As recently as May 10, Obama said in a speech in El Paso, Texas, that his administration was focused on violent offenders and not families or “folks who are looking to scrape together an income.”

Read More.

Posted in Blog, Criminal Law, DUI | Tagged , , , | Leave a comment