Tag Archives: abogados tampa

What to do if you get pulled over for a DUI?

Posted on March 25, 2013 by Blick Law

Every day, Florida Law Enforcement Officers seek out impaired drivers and make arrests for Driving Under the Influence (DUI). Most Florida Drivers are unaware of the severity of the charge, often times misunderstand the penalties that can arise as a result of receiving a DUI, and are usually unsure of what to do in the event they are pulled over for suspicion 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) 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 are 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.

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Filing for Bankruptcy Debt

Posted on March 21, 2013 by Blick Law

Bankruptcy is a complex area of law and involves many considerations, including whether to file, determining which type of Bankruptcy to file, the use of exemptions, understanding the protections of the Bankruptcy Code and using them to your advantage. While individuals are allowed to file Bankruptcy without the use of an attorney (commonly referred to as pro se), it is strongly discouraged by the U.S. Bankruptcy Court.

Bankruptcy is a difficult process with very technical issues, and individuals are discouraged from attempting to file on their own because they could put themselves in jeopardy by not undertaking the proper steps or simply failing to compile all of the necessary information. If certain technical requirements for Bankruptcy are not satisfied properly, a debtor could be precluded from filing Bankruptcy altogether, may lose the right to file again, and may lose protections in a later case, including the benefit of the automatic stay.

The Bankruptcy Judge can also deny the discharge of all debts if a debtor does something dishonest in connection with the bankruptcy case, such as destroying or hiding property, falsifying records, or lying. Debtors should also consider that Individual bankruptcy cases are randomly audited to determine the accuracy, truthfulness, and completeness of the information that the debtor is required to provide.

A competent Bankruptcy attorney will ensure that the process is undertaken properly and that all necessary information is accounted for in order to successfully receive a proper Bankruptcy discharge.

If you are having trouble meeting your debt obligations, consult an experienced Tampa Bankruptcy attorney to discuss your options.

Call Blick Law Firm today at 813-931-0840. Make an appointment for a free 15 minute consultation with Michael Blickensderfer to see if Bankruptcy is right for you.

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Real Estate: Closing, and 5 Important Steps to Follow

Posted on March 19, 2013 by Blick Law

A Real Estate Closing is the final step of the home purchase process, whereby the buyer and seller sign the papers to transfer the ownership of the home. In order to complete this final phase of the purchase process, it is important to understand the timeline of requirements that take place leading up to the Closing.

First, a buyer must open an escrow account with a neutral third party, whereby the buyer provides earnest money to be held in consideration of the purchase in order to demonstrate good-faith that the buyer fully intends on completing the sale.

Following the opening of an escrow account, the buyer then needs to take 5 necessary steps to protect their interest in the home. These 5 steps are as follows:

  • Completing a Title search
  • Purchasing Title Insurance
  • Completing a Home inspection and Pest inspection
  • Negotiating the Closing costs; and
  • Locking the interest rate of the mortgage.

These steps are important in the completion of any Real Estate transaction, and many times it is important for the buyer to seek legal counsel prior to moving forward with the purchase process. An experienced real estate attorney can provide professional legal advice, and interpret the very complicated language involved in most Closing documents. The attorney is also capable of identifying potential problems with your purchase documentation, and can save you the hassle of dealing with unexpected complications that may arise during the Real Estate purchase process.

If you or a loved one are considering purchasing a home and need advice on what to expect, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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Conducir con una licencia suspendida

Posted on March 14, 2013 by Blick Law

Conductores de la Florida todos los días ponerse al volante sin saber que su privilegio de manejar ha sido suspendido, cancelado o revocado. Oficiales de policía hacen detenciones diarias por conducir con una licencia suspendida que puede llevar a complicaciones al intentar restablecer su privilegio de manejar.

Conducir sin conocimiento de la suspensión generalmente conduce a la emisión de una citación no penales. Sin embargo, es importante saber que el pago de la citación no- penal opera como un reconocimiento de culpabilidad y puntos puede imponerse contra su licencia porque se considera una violación de tránsito.

En Florida, es una ofensa criminal tráfico si un conductor opera un vehículo motorizado con conocimiento de que su licencia es cancelado, suspendido o revocado. Los siguientes cargos pueden resultar de conducir con una licencia suspendida con conocimiento de la suspensión:

(1) Primera condena es un segundo delito menor grado;

(2) Segunda condena es un primer delito menor grado;

(3) Convicción tercera o posterior, es un delito grave de tercer grado y posible cárcel deba ser servido.

Es importante saber que múltiples infracciones de conducir con una licencia suspendida pueden llevar a consecuencias muy graves, y conductores con repetidas violaciones pueden ser catalogados como un Delincuente Habitual de tráfico.

La pena de conducir con su licencia suspendida, si tiene conocimiento o no, puede ser grave y generalmente llevar a complicaciones con su privilegio de manejar futura.

Si usted o un ser querido ha sido arrestado o emitió una citación por conducir con una licencia suspendida, llame aBlick Law Firm hoy al (813) 931-0840. Programar una consulta gratuita de 15 minutos con el abogado Michael Blickensderfer.

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St Patrick’s Day Safety 2013

Posted on March 14, 2013 by Blick Law

With St. Patty’s Day approaching, many people are planning their festivities for the weekend and the excitement to celebrate with friends and family is beginning. However, every St. Patty’s Day people tend to get carried away in their celebrations and face the risk of being arrested for a variety of alcohol related offenses. Due to an increased tendency to behave irresponsibly during this festive time, arrests for DUI especially tend to increase. It is important to remember to always be responsible during and after St. Patty’s Day celebrations, and also to be aware of the potential consequences that can arise in the event that you are arrested and charged with DUI.

Florida drivers arrested and charged with DUI 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.

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.

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Driving with a Suspended License

Posted on March 8, 2013 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their driving 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.

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