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Driving with a Suspended License
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.
Posted in Blog, Criminal Law
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Tampa Bankruptcy Joint Filing
When married couples consider filing Bankruptcy, they are faced with the choice of determining whether to file jointly or individually. This determination is important, and many concerns should be addressed prior to deciding what to do.
Many times, one spouse may have debts alone and deem it necessary to file a bankruptcy separate from the other spouse. However, in cases where both spouses are facing financial hardship in meeting the payments on their debt it can be advantageous to file Bankruptcy jointly. Advantages to filing jointly include:
- Paying only one filing fee instead of paying the same fee twice for separate filings;
- Assistance from the other spouse in gathering all the necessary documentation together, which can be extremely burdensome; and
- Filing jointly is more efficient by consolidating the filing, making it is less time consuming.
Joint filing can have disadvantages as well, especially when there is a large disparity in the debts and assets between the spouses. It is important to consult a bankruptcy attorney to determine what the most effective and beneficial filing is for your specific situation.
If you or a loved one have concerns about Bankruptcy or are considering filing Bankruptcy jointly, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer.
Posted in Bankruptcy, Blog
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Motor Vehicle Searches and Arrest
Traffic violations in Florida contribute to a large amount of police encounters; and many times these encounters lead to arrests for more serious violations after the driver’s car is searched. It is important to know about your rights and protections while driving, and to be aware of what actions police are legally allowed to employ.
Constitutional Rights protect drivers from illegal searches and seizures. However, police are allowed to conduct a search of a vehicle without a warrant under certain circumstances. These circumstances include:
- Consent to Search: A driver’s consent for an officer to search the vehicle operates as a waiver of constitutional rights under the 4th amendment protection against illegal searches and seizures. Additionally, any incriminating evidence obtained from the search can be used against the driver.
- Plain View Rule: A police officer is authorized to search a vehicle if within the officer’s plain view there is any illegal substance or contraband visible.
- Exigent Circumstances: A police officer is allowed to search a vehicle if in their discretion they reasonably believe that an immediate search is necessary to prevent harm or serious damage, or they believe that evidence of a crime is in danger of being destroyed.
- Probable Cause: A police officer is authorized to search a vehicle without a warrant if they have a sufficient reason justifying probable cause to believe that a crime has been committed.
If you have been arrested following a traffic stop and have questions regarding your rights, call Blick Law Firm today at (813) 931-0840 to schedule a free 15 minute appointment with attorney Michael Blickensderfer.
Posted in Blog, Criminal Law
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Bankruptcy Filing Tampa
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.
Many people utilize bankruptcy as a strategy for resolving unmanageable debt. Today, it is more common than most realize and can be a refreshing solution to a debt-ridden life.
Bankruptcy advantages and alternatives to consider:
Elimination of Debt: The main advantage to filing for bankruptcy is the discharge of most debt. The discharge totally eliminates the obligation to pay many types of debt including your credit card debt, old medical bills, utilities bills, unsecured loans, pay day loans, and most other types of unsecured debt. ***Note: Certain types of debt cannot be avoided by filing for bankruptcy including Student Loans, Child Support and Alimony Payments, Court Fines, DUI judgments against the debtor, and debts incurred by Fraud.
Avoid Creditor Harassment: Once a debtor files for bankruptcy, there is an automatic stay on the collection of debt and most creditors must terminate their collection efforts immediately. The stay is an automatic court order that prohibits all sorts of collection attempts by creditors, and postpones most actions against the debtor, including repossessions, garnishments or attachments, utility shutoffs, foreclosures, and evictions.
Get a Fresh Start: You will be able to pay the things that are important to you, and begin rebuilding your credit in peace!
Alternatives to Consider: Bankruptcy is not the only method of dealing with insurmountable debt, and other methods may be more advantageous for your particular situation. Such alternatives may include an out-of-court settlement with creditors, reduction of payments to creditors, consolidation of debts, or payment of debts by sale of assets or borrowing on assets. However, the availability of these methods varies depending on the severity of your financial difficulties, and also requires cooperation from creditors.
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.
Posted in Bankruptcy, Blog
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Florida Dog Bite Statute
Dog owners and dog bite victims alike should be aware that Florida maintains a strict liability statute to protect victims of dog attacks. Under Florida Statute 767.04, the owner of a dog that bites another person will be held strictly liable for the damages caused if such person is on or in a public place, or lawfully on or in a private place, including the private property of the owner of the dog.
In Florida, the prior lack of viciousness of the dog is irrelevant, and a dog owner will still be held liable for damages including present and future medical bills, lost wages and future earnings, mental anguish, and destruction of property.
Though the amount of recovery available to the injured party will be reduced by whatever percentage of fault can be attributed to victim’s own actions, dog owners should be aware of their potential strict liability.
Under the Dog Bite Statute, Dog Owners can protect themselves from liability for attacks that occur on their private property. The statute allows for limited protection of dog owners who display in a prominent place, a sign that reads “Bad Dog”. This protection is not available, however, if the attack was caused by the owner’s own negligence or omission to prevent the attack.
Dog attacks can be devastating, the medical costs that follow can be extensive, and many times the dog owner isn’t even aware of the potential viciousness of their dog.
At Blick Law Firm we defend those victimized of such actions such as dog bites. If you are seeking a personal injury lawyer to pursue a claim regarding a recent attack; or if you are a dog owner and need information on how to protect yourself from liability for your dog’s actions call Blick Law Firm today at (813) 931-0840. Call to make an appointment for a free 15 minute consultation with attorney, Michael C. Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
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