Category Archives: Criminal Law

DUI penalties in Florida

Posted on June 14, 2012 by Blick Law

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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Florida boating under the influence (BUI) Part 1

Posted on May 11, 2012 by Blick Law

Boating under the influence? Yes, you heard right. BUI.

With warm weather approaching, the Gulf waters and many Florida lakes are packed with boats and other forms of water transportation. Boating while intoxicated can be just as deadly as driving and drinking.

Did you know? It is illegal to operate a boat while under the influence of alcohol or drugs in every state. The Coast Guard enforces a federal law that prohibits BUI.  This law pertains to all water vessels, including canoes, rowboats and Ski Doos.

The use of alcohol is involved in about a third of all recreational boating fatalities.

The penalties for BUI can include: large fines, revocation of operator privileges and serious jail terms.

**If caught, authorities will tow the boat to shore and arrest those that have been boating under the influence.

Alcohol affects vision, balance, coordination and judgment. These impairments increase the likelihood of accidents afloat – for both passengers and boat operators. The U.S. Coast Guard data shows that in boating deaths involving alcohol use, over half the victims capsized their boats and/or fell overboard.

Alcohol is even more hazardous on the water than on land. The marine environment – motion, vibration, engine noise, sun, wind and spray – accelerates a drinker’s impairment. These stressors cause fatigue that makes a boat operator’s coordination, judgment and reaction time decline even faster when using alcohol.

Alcohol can also be more dangerous to boaters because boat operators are often less experienced and less confident on the water than on the highway. Recreational boaters don’t have the benefit of experiencing daily boat operation. In fact, boaters average only 110 hours on the water per year.

For more information visit: http://www.uscgboating.org/safety/boating_under_the_influence_initiatives.aspx or contact Blick Law Firm to learn more about Florida boating while drinking at 813-931-0840.

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Hillsborough County Sheriff’s Office discusses severity of underage drinking for minors

Posted on May 3, 2012 by Blick Law Firm

Is your child approaching graduation? This time of year for many high school seniors is exciting because of what it symbolizes, the beginning of something new. As a parent, it is important to be mindful of the mindset of students and educate them so they make responsible choice for the future.

According the Hillsborough County Sheriff’s Office, Sheriff David Gee wants to encourage everyone to celebrate safely and to let the community know that deputies will be on extra alert for parties where alcohol is made available to minors.

Anyone that allows those under the age of 21 to possess and/or consume alcohol may be at risk of charges such as Open House Parties and Contributing to the Delinquency or Dependency of a Child. As well as charges of Child Neglect, which is considered a felony.  

Other issues that derive from underage drinking: acts of violence. Many house parties are known for violent outbursts as a result of the combination of underage drinking and lack of adult supervision.

There are many dangers that may occur around this time of year for high school graduates. Local sheriff’s offices will be extra cautious of these situations and encourage parents to educate their children of the harm of underage drinking.

If you find yourself in this unfortunate situation, give attorney Michael C. Blickensderfer a call at 813-931-0840. Seek an experienced Tampa Criminal Defense attorney that will properly represent you or your loved ones, striving for the best possible outcome for your children.

Anyone with information about underage drinking is asked to contact the Sheriff’s Office at 247-8200 or Crime Stoppers at 1-800-873-8477.

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Possession of controlled substance

Posted on March 27, 2012 by Blick Law Firm

There are laws in place for many addictive drugs, known as “controlled substances”. Users of these drugs run the risk of facing difficulty with the law. Know the law, here are some things you should be aware of:

“Simple” Possession of Drugs means you actually have the drug in your possession or you have access to them, even if it is locked in your car.

“Trafficking” of Drugs generally means the distribution or selling of drugs. It also refers to growing or manufacturing with an intent to sell. Importing and exporting is also a form of trafficking.

Check foreign regulations when taking your own medication for personal use.

The laws also take into consideration where you have possession of drugs, and in particular, whether you are at or near somewhere where there are vulnerable people, such as a school or daycare. The seriousness of the possession charges increase in places like this. As innocent as it may seem, you may find yourself in a situation with a prescribed controlled substance in your possession.

Using an addictive drug temporarily for personal health does not qualify you as an addict. If you are arrested for having one of these medically prescribed drugs in your possession, call Blick Law Firm immediately.We are here to help the hurting and those in need, call us today. 813-931-0840

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Avoid points on your driver’s license

Posted on March 15, 2012 by Blick Law Firm

In the State of Florida, driving is considered a privilege that must be earned and can be lost for a number of infractions, such as failure to pay child support, addiction to drugs or alcohol, failure to pay some traffic fines, racing on the highway, and incurring too many violation points on your license within a certain period of time.  Points remain on your license for three years. 

6 Points
Leaving the scene of an accident with damage of at least $50
Speed violations resulting in an accident

4 Points
Reckless Driving
Moving violations that cause an accident
Attempting to pass a stopped school bus
Exceeding the posted speed limit by 16 mph or more
Ignoring traffic control signals or devices

3 Points
Minors driving during restricted hours *
Exceeding the posted speed limit by 15 mph or less
All other moving violations not mentioned above
Driving with an open container
Violating child restraint regulations

*Florida law states that minors younger than 17 are not allowed to drive between 11 p.m. and 6 a.m. unless they’re accompanied by a licensed driver 21 or older, or unless the minor is going to or from work. Seventeen-year-old drivers are subject to the same driving restrictions from the hours of 1 a.m. to 5 a.m.

Your license may be suspended 30 days if you incur 12 points in a 12-month period; 90 days if you incur 18 points in an 18-month period; and 12 months if you incur 24 points in a 36-month period.  Minors accruing 6 points in a 12-month period will be limited to driving for business purposes only for one year.

If you are close to exceeding the limit, call Blick Law Firm today.  Michael Blickensderfer has experience in traffic court and can offer you legal counsel.  Should you hold a CDL, you will be required to appear in court and attorney, Michael C. Blickensderfer can represent you on your behalf. 813-931-0840.

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Tampa opposition to red-light cameras

Posted on February 17, 2012 by Blick Law Firm

Hillsborough traffic court judges, Ober, Weis and Vogel, recently ruled that the county is using valid methods of enforcing tickets and collecting fines for running through a red-light caught on camera.

Several arguments have been presented against the law, but so far have met with little success.

Arguments to counter the new law:

Right now violators have 30 days to respond to the traffic citation. The argument has been to allot 30 days from the time the violator has been notified, verses when the official traffic citation has been mailed.
Another argument: government officials should not be allowed to testify because they have no first hand knowledge as to when the citation was actually mailed.
Dispute of surveillance videos should not be allowed as admissible evidence in a robbery, without a personal testimony from someone as to how it made its way to the courtroom.  No one was at the scene when the picture was taken, there is no witness to testify.

**On infractions when a person is represented by an attorney, they are not required to appear in court. However, Florida law still requires that the officer prove the identity of the driver. Even if someone were to admit to their attorney they were guilty, our country is founded on the principle that the Government must prove their case, and the accused does not have to disprove anything.

If a vehicle registered to you has been caught by a red-light camera, call your traffic ticket attorney today and seek legal representation that can assist you and defend your rights. Let our experience of over 25 years work for you. Think quick, call Blick! 813-931-0840.

Article from Tampa Bay Times & helpgoodpeople.com

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