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Tag Archives: driving drunk
What to do if you get pulled over for a DUI?
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.
Posted in Blog, Criminal Law
Tagged abogados en tampa, abogados tampa, alcohol facts, blick law firm, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, drinking and driving, driving drunk, driving under the influence, drunk driving, drunk driving defense, drunk driving laws, drunk driving lawyers, dui attorney, DUI attorneys, dui laws, dui lawyer, dui lawyers, dui records, dui statistics, for drunk driving, military lawyer, penalties for drunk driving, tampa traffic attorney, veterans, what is driving under the influence, what to do dui
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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
Tagged abogados en tampa, abogados tampa, accident attorney, arrest and search, ask a lawyer, blick law firm, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, christian lawyers, christian lawyers association, christian lawyers directory, criminal background check, criminal history check, driving drunk, driving under the influence, driving while drunk, drunk driving, drunk driving crashes, drunk driving law, drunk driving laws, dui arrest, dui arrests, dui laws, dui lawyer, dwi arrests, legal arrest, military lawyer, personal injury lawyer, rights when pulled over, search and arrest, search arrest, search for a vehicle, veterans
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Drinking and Driving
On a daily basis, Florida drivers receive DUI’s and 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.
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 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.
Posted in Blog, Criminal Law, DUI
Tagged abogados en tampa, abogados tampa, alcohol facts, blick law firm, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, drinking and driving, driving drunk, driving under the influence, drunk driving, drunk driving laws, drunk driving lawyer, drunk driving penalties, dui attorney, dui lawyer, dui lawyers, military lawyer, tampa criminal defense attorney, tampa traffic attorney, veterans, what is driving under the influence
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Increase in Personal Injury Claims
Over the past couple of years there has been an increasing trend in the number of personal injury claims. A personal injury claim arises when a party suffers an injury with lasting consequences as a result of the actions of another party. The recent rising trend of injury claims is attributable to various reasons.
One reason is that injury victims are finding it easier to file claims in a market that offers no fee for cases that result in no recovery. Legal fees associated with personal injury claims are paid on a contingency basis; as a result, the standard is that attorneys offer to represent injury victims with payment for services contingent upon a recovery settlement. While this type of arrangement may encourage injured claimants to file suit more readily, it is important to recognize that the recovery is tapered by the legitimacy and extent of the injury.
The rise in personal injury claims is also attributable to various products that were negligently released to the public, and have caused serious and even life threatening effects.
Media coverage and an overall heightened awareness of the availability of insurance compensation for injuries have also encouraged injury victims to pursue recovery for injuries sustained through the actions or negligence of another person or company. Furthermore, while auto accidents haven’t increased in frequency over the past couple of years, the number of claims arising out of auto accidents has risen likely due to the publicity of auto accident injury recovery; and the recent trend may also suggest that motorists are more likely to seek compensation for insurance coverage that they are mandated to pay, even for marginal injuries.
Personal injury claims all vary in severity, and often times they involve lifelong consequences that require extensive future medical expenses and years of pain and suffering. If you or a loved one has been injured due to the actions or negligence of another, call Blick Law Firm today at (813) 931-0840. Schedule a free 15-minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Personal Injury
Tagged abogados en tampa, abogados tampa, accident attorney, ask a lawyer, attorney auto accident, attorney for auto accident, auto accident, auto accident attorney, auto accident attorneys, auto accident injury attorney, auto accident lawyer, blick law firm, car accident attorney, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, christian lawyers, christian lawyers association, christian lawyers directory, driving drunk, driving under the influence, driving while drunk, drunk driving, drunk driving crashes, drunk driving law, drunk driving laws, dui arrest, dui arrests, dui laws, dui lawyer, military lawyer, personal injury lawyer, veterans
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Gasparilla Parade Arrests
Tampa’s annual Gasparilla parade returns this weekend! As most Tampa natives know, the Gasparilla parade celebration brings the entire community together in an all day festival inspired by the legend of Jose Gaspar. The main parade attracts upwards of 300,000 people each year; and as most people know, the festivities surrounding the event lead many to get carried away with their celebrations. According to reports from prior Gasparilla parades, hundreds of arrests are made each year for open container violations; numerous citations are issued for various civil infractions and dozens of people are arrested for other alcohol related criminal offenses, especially Disorderly Conduct, DUI, Boating Under the Influence, and Underage Drinking.
It is important to be responsible and avoid potential arrests during and after the Gasparilla festivities. Make your arrangements ahead of time to get home safely, and ensure the safety of others. Additionally, the City of Tampa recommends you:
- Plan your day in Advance – Save time by planning where you will park and the route you plan to take.
- Pick a meeting place – Select a spot where others in your party will know to return in the event you get separated.
- Know the “Wet Zones” – The parade route allows participants to drink alcohol openly, but only from vendors selling along the route. No coolers, kegs or open containers are allowed elsewhere on the streets; and absolutely no glass containers.
In the event you are arrested during the Gasparilla parade, it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. Call Blick Law Firm immediately at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!
Posted in Blog, Boating, Criminal Law
Tagged abogados en tampa, abogados tampa, accident attorney, arrest and search, arrested by police, ask a lawyer, blick law firm, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, christian lawyers, christian lawyers association, christian lawyers directory, driving drunk, driving under the influence, dui arrest, dui arrests, dui laws, dui lawyer, gasparilla festival, gasparilla night parade, gasparilla parade, juvenile drinking, military lawyer, night parade gasparilla, personal injury lawyer, police stop, rights if arrested, tampa bay gasparilla, tampa gasparilla, veterans, your rights with the police
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Personal Injury Protection: Reform and Important Info
Personal Injury Protection (PIP) is a mandatory coverage on Florida car insurance policies that covers medical expenses, lost wages, and other damages. The original purpose of PIP coverage was to make sure that anyone injured in an auto accident would quickly receive money to treat their injuries. In Florida, all drivers are obligated to obtain a minimum of $10,000 PIP coverage for medical bills and lost wages following an auto accident.
Due to rampant fraud and misappropriation of PIP coverage in Florida, insurance companies have lobbied to pass PIP insurance reform to limit the types of treatment available to crash victims covered by PIP, and limit the amount of coverage in order to avoid abuse and fraud.
In 2012, the Florida legislature passed into law PIP reform that bans the use of PIP dollars to pay for massage or acupuncture treatments and will limit the payout for non-emergency treatment of accident-related injuries to $2,500.00. A widespread concern is that accident victims with serious injuries won’t be able to get the care they need if they sustain an injury such as a whiplash or herniated disc because these injuries may not qualify as an emergency.
Nonetheless, supporters of the bill insist that the reform will contribute to overall lower insurance premiums and provide much needed relief to Florida drivers.
If you or a loved one have 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
Tagged abogados en tampa, abogados tampa, accident attorney, ask a lawyer, attorney auto accident, attorney for auto accident, auto accident, auto accident attorney, auto accident attorneys, auto accident injury attorney, auto accident lawyer, blick law firm, car accident attorney, carrollwood, carrollwood attorney, carrollwood law firm, christian attorney, christian law firm, christian lawyer tampa, christian lawyers, christian lawyers association, christian lawyers directory, driving drunk, driving under the influence, driving while drunk, drunk driving, drunk driving crashes, drunk driving law, drunk driving laws, dui arrest, dui arrests, dui laws, dui lawyer, military lawyer, personal injury lawyer, veterans
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