Tag Archives: driving under the influence

Arrested over the holiday?

Posted on December 10, 2012 by Blick Law

Over the Holidays, most people spend extra time celebrating with friends and family; but many times people get carried away in their celebrations over the holidays. An increase in arrests concentrated over the holidays usually occurs as people tend to behave irresponsibly during these festive times. Arrests for DUI, trespass, disorderly conduct, and various alcohol related offenses tend to increase over the holidays. It is important to be responsible over the holidays, but also to be aware of your rights in the event you are arrested.

When confronted by police, people often become nervous because they are unsure if they may be in violation of some ordinance or law. The difference between merely being detained by police and arrested creates different limitations to your rights. It is important to understand what you can do. Police may stop you, and it is not considered an arrest if you are just briefly detained.

A detainment occurs when an officer stops and questions a person of interest, generally for a shorter period of time, and requires less than “probable cause” to make a detainment. An officer can detain anyone if they have a “reasonable suspicion” that the person committed or was involved in any criminal activity.

In the event you are stopped for questioning, it is important to remain calm, be polite, keep your hands visible at all times, and do not attempt to flee. You do have the right to remain silent, however, it is best to identify yourself first and then notify the officer that you are exercising your right to silence.

If you are unsure of the situation, you can ask the officer why you have been detained and if you are under arrest. If at that time you are not under arrest, you have the right to leave. If the officer proceeds to arrest you, you have the right to speak to a Criminal Defense Attorney.

An arrest occurs only upon a determination of “probable cause”, this means the officer must have more than just a “suspicion”, the officer must have a “reasonable belief” that you committed a crime. Once the arrest is made, an officer can lawfully conduct a search incident to arrest of your person for weapons, evidence, and contraband. At this point, the officer can hold you in jail for up to 24 hours or until a warrant is issued for the charges.

Anytime you are stopped and arrested it is important to quickly consult a Criminal Attorney regarding your rights and advice on what you should do. If you have been arrested for a criminal offense, or even issued a citation for a traffic violation, call Blick Law Firm today at (813) 931-0840 to schedule an appointment for a free 15 minute consultation with attorney Michael Blickensderfer. Think quick, call Blick!

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DUI and the Impact of Marijuana Laws

Posted on November 29, 2012 by Blick Law

With the recent legalization of marijuana in Colorado and Washington, the discussion is beginning on when this type of legislation will reach Florida. The enactment of this legislation has prompted universities in Colorado and Washington to issue bans on using, possessing, and cultivating the substance on campus; and the bans are supported by the fact that marijuana is still prohibited by federal laws.

This effect, however, begs the discussion of how marijuana legalization will impact the way states craft their own respective laws to address the potential abuse and misuse of the substance? In regard to DUI laws, it is important to know that 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. A common misconception is that the use of alcohol is the only factor involved in being charged and convicted 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) or if they simply suspect that your normal faculties are impaired from the use of alcohol or drugs while operating a motor vehicle.

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!

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Driving with a Suspended License

Posted on September 14, 2012 by Blick Law

Everyday Florida drivers get behind the wheel unaware that their diving 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 Habitual Traffic Offenders.

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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Florida Boating Laws

Posted on August 25, 2012 by Blick Law

The waters of Florida are both a national and international resource alike, and recreational boating on these waters contributes to the well-being of both residents and visitors. As a result, boating laws are in place to protect the safety, aesthetics, and future of Florida’s waterways.

Florida law enforcement officers and Florida Wildlife officials patrol the waterways daily to ensure safety and compliance with boating laws. It is important while boating to be aware of the laws regulating waterway use, and be informed of what your responsibilities are.

By law, all watercraft operators are responsible for operating their vessel in a reasonable and prudent manner with regard for other vessel traffic, posted restrictions, the presence of a divers-down flag, and other circumstances so as not to endanger people or property. Non-compliance with the safety rules of the waterways can result in both non-criminal and criminal violations.

In Florida, laws against boating while impaired by alcohol or other drugs are as strict as those for driving a vehicle while impaired. Florida law prohibits anyone from boating under the influence (BUI). That is, it is illegal to operate any vessel or to manipulate any water skis, sailboard, or similar device while intoxicated due to alcohol or any combination of alcohol, a controlled substance, or drugs.

If you have been stopped while boating and need legal advice, call Blick Law Firm today. Schedule a free 15-minute appointment with attorney Michael Blickensderfer. Think quick, call Blick.

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DUI: Drunk vs. Under the Influence

Posted on July 31, 2012 by Blick Law

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!

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Tips to avoid boating under the influence

Posted on May 16, 2012 by Blick Law

Tips to avoid boating under the influence, according to the Boating Safety Resource Center of the U.S. Coast Guard.

* An alcoholic beverage is only to be consumed by those of the legal age of 21 and older.

Consider these alternatives to using alcohol while afloat:

  • Keep stock of plenty of water and non-alcoholic beverages for hydration.
  • Bring snacks and other food items to reinforce energy as needed.
  • Avoid fatigue. Limit your trip to a reasonable time. Drinking alcohol on the water may accelerate fatigue possibly resulting in an accident or injury.
  • Be cautious to party ashore, at the dock, boating club, etc. Allot drinking time to these and not behind the wheel of your boat.
  • Wait a reasonable time after drinking an alcoholic beverage before operating your boat.
  • Having no alcohol on board is the safest way to enjoy the water. Intoxicated passengers may be at risk of injury or falling overboard.
  • Spread the word. Boating under the influence is just as serious as drinking and driving, if not more. *A boat is still a vehicle.

Boating, fishing and other water sports are fun in their own right. These water sports are meant for enjoyment but may turn in the course of an accident, as a result of drinking alcohol.

Take these initiatives to follow for a safe and fun summer on the water. Do not drink and boat. If you however find yourself in this unfortunate accident, please give a Tampa boating accident attorney a call today to assist you in your claim. Call 813-931-0840 today!

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