Tag Archives: tampa criminal defense attorney

DUI and the Potential Effects

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.

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Driving with a Suspended License

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 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.

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Driving with a suspended license in Florida

Effective July 2008, Florida Statutes 322.24 went into effect concerning whether certain offenses for driving while license is cancelled, suspended or revoked are misdemeanors or felonies.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has knowledge of his or her cancellation, they understand they are committing a criminal traffic offense. The following charges are possible:  (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.

If a driver whose license or driving privilege is cancelled, suspended or revoked and has no knowledge of his or her cancellation, they understand they are committing a non-criminal traffic infraction, unless he or she is a Habitual Traffic Offender (HTO).

*If a driver whose license or driving privileges is revoked as a Habitual Traffic Offender , they are guilty of a third degree felony.

The penalty of driving with your license suspended, whether you have knowledge or not, holds serious consequence(s).

Hiring a Criminal Defense attorney may be beneficial for you. An attorney helps you check your record and assists you in sorting out your license issue(s) to get you back on the road as soon as possible. Contact Blick Law Firm today if you find you have been charged due to driving with a cancelled, suspended or revoked license in Florida.

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Blick Law Firm discusses driving on suspended license

Thank you for watching Minute with Mike, free legal advice answered by attorney Michael C. Blickensderfer every Wednesday at Noon.

Today’s topic: Driving with a suspended license. Driving with a suspended license has severe consequences such as traffic ticket, 1st and/or 2nd degree Misdemeanor, Felony and possible jail time. Reasons that you can get your license suspended: child support delinquency; Habitual Traffic Offender (HTO); Violation resulting in death or personal injury; failure to comply with traffic summons or pay fines; giving false information on a license application; getting too many points; refusing to comply with state laws; refusing a blood alcohol test; lacking Florida Insurance; ignoring your traffic tickets and getting a DUI.

There are many other reasons that you may have your license revoked or suspended. Hiring a Criminal Defense attorney may be beneficial for you. An attorney helps you check your record and assists you in sorting out your license issue(s) to get you back on the road as soon as possible.

Blick law Firm is a local Tampa Bay legal firm specializing in chapter 7 and chapter 13 bankruptcy, personal injury, criminal and real estate law all across the state of Florida.

The owner, Michael C. Blickensderfer has 25 years legal experience in Florida, New York and New Jersey. Blick Law Firms practice areas include criminal law, DUI/ Traffic, real estate transactions, loan modifications, short sales, foreclosure defense, bankruptcy, title insurance and real estate litigation.

We also serve clients in personal injury, including auto accidents, motorcycle accidents, slip and falls premises liability, dog bites, marine and aviation accidents and wrongful death.

For further information regarding our legal services please visit our website at www.blicklawfirm.com. Former prosecutor, former Marine. Think quick, call Blick! 813-931-0840.

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Hillsborough County Sheriff’s Office discusses severity of underage drinking for minors

Is your child approaching graduation? This time of year for many high school seniors is exciting because of what it symbolizes, the beginning of something new. As a parent, it is important to be mindful of the mindset of students and educate them so they make responsible choice for the future.

According the Hillsborough County Sheriff’s Office, Sheriff David Gee wants to encourage everyone to celebrate safely and to let the community know that deputies will be on extra alert for parties where alcohol is made available to minors.

Anyone that allows those under the age of 21 to possess and/or consume alcohol may be at risk of charges such as Open House Parties and Contributing to the Delinquency or Dependency of a Child. As well as charges of Child Neglect, which is considered a felony.  

Other issues that derive from underage drinking: acts of violence. Many house parties are known for violent outbursts as a result of the combination of underage drinking and lack of adult supervision.

There are many dangers that may occur around this time of year for high school graduates. Local sheriff’s offices will be extra cautious of these situations and encourage parents to educate their children of the harm of underage drinking.

If you find yourself in this unfortunate situation, give attorney Michael C. Blickensderfer a call at 813-931-0840. Seek an experienced Tampa Criminal Defense attorney that will properly represent you or your loved ones, striving for the best possible outcome for your children.

Anyone with information about underage drinking is asked to contact the Sheriff’s Office at 247-8200 or Crime Stoppers at 1-800-873-8477.

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