Tag Archives: drunk driving law

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.

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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!

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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!

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Arrested by Police

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.

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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Personal Injury Protection: Reform and Important Info

With the Christmas holiday approaching, a steady trend of increased traffic on Tampa roads continues to grow. This trend over the holiday leads to an increased number of automobile accidents and a greater rate of drivers sustaining injuries on crowded Florida roads. In Florida, all drivers are required to carry auto insurance to cover the cost of damages that arise after an auto accident.

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.

In 2012, the Florida legislature passed into law PIP reform which takes effect on January 1, 2013. The new law now requires that  injured persons seek medical treatment within fourteen (14) days of an accident or the injured party will be barred from using PIP coverage for valid accident related medical treatment. Additionally, the new PIP law 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.

Remember, it is always important to be aware of the changing laws regarding insurance coverage in order to effectively protect yourself in the event you sustain an accident related injury.

In an effort to reach out to our partners and clients, we have recently coordinated with Tampa General Hospital (TGH) to offer their over 6,500 employees discounted access to our legal services. We are proud to work in conjunction with TGH’s PerksCard Network, and look forward to providing quality legal service to all our clients.

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!

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Arrested over the holiday?

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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