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DUI: Drunk vs. Under the Influence
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 and prescription medication. 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.
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 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 Blog, Criminal Law, DUI
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ABC Action News Coverage Criminal Defense Attorney Tampa
Today’s story is brought to you by Mahayana Sfeir, Bilingual Marketing Liaison.
“Helping the Hurting” is an amazing mission statement that really impressed me when I first came on board to the Blick Law Firm family. I call it family because it is really how they make you feel as soon as you step foot inside their office. As a Christian woman myself, I instantly connected with the Blick family.
Their relentless commitment to helping their clients goes above and beyond any law firm I have ever encountered. When I tell you that attorney, Michael Blickensderfer will many times pray with his client, it is a true statement. Their work and passion comes from the heart, it is not about the dollar amount, although it is a business and they have to diligently run it, compassion is really what makes them unique and successful. Clients are inclined to refer and make us their attorney for life.
More recently, we were blessed to have had the opportunity on Thursday May 16 2013, to receive a call from ABC Actions News journalist Alison Morrow requesting attorney, Michael Blickensderfer to discuss recent legal ramifications on a local breaking news story: A Lutz man accused of murdering his unborn fetus faces federal charges because Florida state law would not have considered the baby “viable”.
Our team was more than thrilled for Blickensderfer, who has more than 25 years legal experience and is a former prosecutor and well versed in criminal defense. To be able to share his expertise with multimedia journalist Alison Morrow from ABC Actions News from the marketing aspect of what we are trying to accomplish, was a true blessing.
Although short notice, Blickensderfer did an excellent job with the interview and appeared very comfortable in front of the camera, so our job becomes a whole lot easier! Alison Morrow was very accommodating to Blickensderfer and her questions about the story aimed at the severity conviction charge the man may face and the difference between state and federal laws. Check out some footage behind the scenes here:
Over all, the dynamic of the office is an extraordinary environment to work at. It is based on Christian values, integrity, loyalty, contagious optimism and cheerful ambiance. These are all traits that are instilled on every employee, which is a recipe for immediate success. I would like to end with an inspiring scripture from the bible:
“Now all glory to God, who is able, through his mighty power at work with us, to accomplish infinitely more than we might ask or think.” (Ephesians 3:20, NLT)
Think quick, call Blick! 813-931-0840. www.blicklawfirm.com
Posted in Behind The Scenes, Blick Buzz, Blog, Criminal Law, Media, Video Vault
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Hit and Run Accidents
Auto accidents can be devastating, and often times result in not only property damage, but also severe injuries that require extensive medical attention and treatment. The stress and pain associated with automobile accidents can be extensive, and there are many situations when the victims of a car accident cannot afford the medical assistance needed to treat their injuries. To make matters worse, each year motorists across the country become victims of hit and run accidents, and are left devastated by the actions of another driver.
If you have been hit by another driver who fled after the accident, it is important to immediately attempt to gather as much information as possible about the vehicle and/or driver. It is extremely helpful to your case if you can provide a description of the vehicle that hit you, and any identifying information that can be helpful when filing a police report and an accident claim with your auto insurance company.
If you cannot obtain identifying information about the vehicle or other driver, at least write down the location and time of the accident, and as many other details about the sequence of events as you can, including any potential witnesses to the accident, their names, and contact information.
It is very important to contact law enforcement and file a report immediately after the accident; even when it seems like a waste of time due to lack of information about the other driver or incident. Having a police report can be helpful to you when filing the auto claim with your insurance, and memorializing at least some of the details of the incident in writing.
If you or a loved one has been a victim of an auto accident and have questions concerning your rights, call Blick Law Firm today at 813-931-0840 to schedule a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
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