Author Archives: Blick Law

About Blick Law

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DUI penalties in Florida

Driving Under the Influence (DUI) has severe consequences which not only affect your immediate lifestyle, but affect you financially as well. There are certain factors involved in DUI cases that can determine how severe your sentence(s) may be, thus resulting in financial hardship.

A determining factor to the severity of a drinking and driving case may result from past record(s). If you are a first time offender your sentence(s) are typically made up of:

1) Serving 50 + hours of community service
2) Court fees
3) DUI School
4) Attending Victim Impact Pane
5) Possible ignition interlock

Charges for a first time offense start at $500 and can be as high as $1,000 in court fines; depending upon the severity of your blood alcohol level at the time of arrest. All cases may be faced with jail time. Repeat offenders are more likely to incur higher court fines and/or community service hours.

According to Florida Highway Safety and Motor Vehicles, Fine Schedule s. 316.193(2)(a)-(b), F.S.

  • First Conviction: Not less than $500, or more than $1,000. With Blood/Breath Alcohol Level (BAL) of .15 or higher or minor in the vehicle: Not less than $1,000, or more than $2,000.
  • Second Conviction: Not less than $1,000, or more than $2,000. With BAL of .15 or higher or minor in the vehicle: Not less than $2,000, or more than $4,000.
  • Third Conviction: More than 10 years from second: Not less than $2,000, or more than $5,000. With BAL of .15 or higher or minor in the vehicle: Not less than $4,000.
  • Fourth or Subsequent Conviction: Not less than $2,000.

Blood alcohol level also plays a part to the results of one’s case. Under Florida law, DUI is one offense, proved by impairment of normal faculties or unlawful blood alcohol or breath alcohol level of .08 or above. In many cases the more severe the blow, the higher the punishment of one’s case.

These are just a few factors that determine the sentence of one’s drinking and driving offense. Hiring a Tampa DUI attorney may be beneficial to the outcome of one’s case. An experienced attorney attempts to avoid jail time at all costs and keep punishments to a minimum, allowing the defendant to cope and move on with their life.

If you are in need of a DUI criminal attorney, call Blick Law Firm today at 813-931-0840, for a free consultation. Attorney, Michael C. Blickensderfer, not only helps those in need with their legal rights, but assists in guiding clients in the right direction for a better and prosperous future. Think quick, call Blick!

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5 critical items needed for successfully filing your petition

Filing for Chapter 7 or 13 Bankruptcy may be time consuming and stressful. There are critical documents that need to be recorded and filed to successfully discharge one’s debt. Five critical items needed for successfully filing your petition are:

1) When filing for bankruptcy, you will need to provide proof of income.

2) Recent payments need to be documented and reported for items including but not limited to: automobile payments, maintenance, rent, groceries, all household expenses, etc.

3) Itemizing your assets or items of value. This includes: bank account, 401K, cash on hand, valuable jewelry or the like.

4) Whether or not you intend to repay, you must record any accumulated debt you have acquired.

5) You may also need to provide information on certain transfers of money or property in the past recent years.

Filing for bankruptcy may be complex so it is important to hire a competent and experienced Tampa bankruptcy attorney to assist you through this stressful process. Call 813-931-0840 today for a free consultation on how we can assist you through your bankruptcy filing process.

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What are the punishments for street racing on the highway?

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

Today’s topic:What are the punishments for street racing on the highway?? Whether you have been caught street racing on the highway or just a passenger of such action, consequences may follow. Watch today’s Minute with Mike video regarding the consequences of street racing in Tampa Bay.

Blick law Firm is a local Tampa Bay legal firm specializing in Tampa chapter 7 bankruptcy, Tampa 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.

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How much should I expect from a personal injury settlement?

When it comes to a personal injury case, there are many factors involved that affect the outcome of your settlement, but the two major parts of your case are: 1) liability, and 2) causation which include damages.

In terms of liability, if someone else is 100% liable for your injuries, you have passed the first hurdle; but the value of your case can be less if you are partially responsible for your injuries, and Florida statutes allow apportionment of damages based upon the comparative negligence of the parties.  For example, if the at fault party is 80% at fault, but you were judged 20% at fault, typically your damages or value would be reduced by 20%.  You can have very serious injuries but have very weak liability in your case; or you can have great liability, but have very minor injuries as a result.

The second major part is causation, or do the injuries you are complaining of stem from the accident you were involved in??  This is primarily developed from a medical opinion from one or more of your treating doctors.  Proper follow through and treatment with your doctors will allow them to give a final opinion as to the nature of your injuries and link them causally with the accident, i.e., your injuries were caused by and are a direct result of the accident.

Injuries resulting in an auto accident are generally split into two major categories: soft tissue injuries, and really everything else.  Roughly 90% of personal injury cases involve some sort of soft tissue injury or whiplash, which is a ripping and damaging of the muscles, ligaments and tendons of the neck and back area of your body.  Soft tissue injuries can cause bulges or herniation to the disc material between the spinal vertebrae.

Other types of injuries include injuries to knees, shoulders and extremities, broken bones, concussions, cuts, bruises and the like. These types of injuries typically receive a higher personal injury settlement because these injuries are easily documented and can be proven in court more objectively than soft tissue injuries, even though the chronic pain of permanent soft tissue injuries can be severe and debilitating to an individual.

A severe wound may also cause a psychological damage or financial loss. For example, a scar resulting from an incident on a professional model can hurt her ability to earn future income and as a result be a great financial loss. And if the scar is permanent, this would further increase a personal injury settlement. Some cases may even lead to plastic surgery which greatly weighs into the benefit of the plaintiff’s case.

Many injuries may result from a personal injury incident so it is important to know your legal rights to receive fair compensation for pain and suffering due to someone else’s negligence.

Seek a Tampa personal injury attorney today for further consultation if you have been severely hurt from an accident. Attorney Michael C. Blickensderfer of Blick Law Firm has over 25 year’s legal experience in personal injury cases and will aggressively pursue your case to the best outcome possible. Call us today for your free consultation at 813-931-0840.

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La escuela ya casi termina!

¡La escuela ya casi termina! Mientras que el tráfico no será tan pesado con los autobuses escolares, los conductores jóvenes, más nuevos, estarán en las carreteras. Los riesgos de accidentes tienden a aumentar en este momento, debido a ocupaciones y distracciones. Aquí hay algunos consejos que debe de tener en cuenta para mantenerse usted y sus seres queridos sanos y salvo:

1. Sea consciente del tráfico en la Bahía de Tampa. La interestatal está llena de vehículos. Mantenga una distancia segura del coche o motocicleta en frente de usted. No maneje su vehículo muy cerca de otros vehículos.

2. Tenga en cuenta, especialmente por la noche, siendo que la capacidad de otros conductores podría verse afectada. Esté alerto y preste atención a las capacidades de conducción de los demás y asegúrese de evitar cualquier actividad inusual.

3. Nunca intente enviar texto mientras conduce su vehículo.

4. No acelere. La velocidad excesiva es un resultado común con los accidentes. Permítase tiempo adicional, de quince a veinte minutos, para conducir con seguridad a sus destinos.

5. Estar en un modo de manejo a la defensiva constante y estar preparados para reaccionar a las paradas repentinas o cambios en el ambiente.

Disfrute del verano con sus seres queridos. Protéjase y protéjalos a ellos lo mejor que pueda. El abogado Michael Blickensderfer está aquí si lo necesita. Llame a la compañía Blick Law para una consulta gratis al 813-931-0840.

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Bank of America is offering up to $30,000 for short sale

Bank of America released a press release Tuesday, May 15th, announcing the launch of a nationwide program offering delinquent homeowners more assistance with relocation expenses upon the completion of a qualifying short sale.

Qualifying borrowers could receive anywhere from $2,500 to $30,000 in cash upon the close of a short sale. The amount of assistance provided under the new program is determined on a case-by-case basis, taking into consideration the value of the home, amount owed and other considerations not clarified in the press release.

Bob Hora, an executive in home transition services for Bank of America, stated that the company is committed to providing alternatives to foreclosure whenever possible. This program will benefit homeowners when all other home retention offers have been exhausted.

To see if you qualify for the relocation assistance payments under the new program, call Blick Law Firm today.  The short sale must be initiated by the end of the year and close by Sept. 26, 2013.  If you have already started a short sale process and have not closed, you may still be eligible for this program. 

Bank of America is currently the only bank offering this program to its homeowners.  While it is available nationally, the greatest response is expected from borrowers in California, Nevada, Arizona, Florida and the other states hit hardest by the housing market.

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