There are certain situations in which it is permissible for law enforcement officers to use drug dogs. Conversely, there are plenty of situations in which it is legally dubious for officers to do so. It is important that every citizen understands the difference between these situations. Those who possess this knowledge may be well-positioned to avoid an unlawful detention as well as the painful trial process that typically follows.

Legal Precedent for Drug Dog Searches

Thanks to the legal precedent set by a Supreme Court case known as Illinois v. Caballes, local, state and federal law enforcement agencies are allowed to use drug-sniffing dogs in certain situations. In reaching its decision, the Court’s majority used a bit of legal wizardry: While it agreed that the Fourth Amendment’s restrictions on “unlawful search and seizure” prevented cops from using drug-sniffing dogs without evidence of a crime, it also noted that citizens have no “legitimate privacy interest” in any illegal items that might be on their persons or in their vehicles. Due to their non-legal nature, the illegal drugs that an individual carries in his or her car are not accorded the same privacy protections as legally-obtained items like floor mats and road atlases.

If a driver does not consent to a physical search of his or her vehicle, a drug dog search may only cover the area around the outside of the vehicle. In other words, the arresting officer may lead the dog in a circle around the vehicle and wait for the dog to react to any scents that might emanate from it. If the dog signals that it detects the presence of illegal substances, the officer may legally demand a search of the interior of the vehicle. In other words, the dog’s affirmative reaction constitutes probable cause.

Caveats

However, the Court also circumscribed the manner in which law enforcement agencies may use drug-sniffing dogs. Crucially, an officer who lacks immediate access to a police dog may not detain a driver until a backup officer arrives with a drug-sniffing animal. If the officer suspects that a driver possesses drugs, but cannot provide probable cause to prove it, he or she must allow the driver to leave after issuing a traffic ticket. Any other action would constitute unlawful detention.

It is also important to note that the Caballes ruling forbids officers from conducting “warrantless searches” of pedestrians and bystanders in public spaces. In other words, an officer cannot simply lead a dog through a crowd and force anyone at whom the animal barks to consent to a search.

Mat Sharp is a criminal defense attorney at Sharp and Driver, Attorneys at Law in Houston, TX. They handle all levels of criminal cases throughout Texas, including DWI, drug charges and white collar crimes.

The accused was driving an unmarked pick-up belonging to law enforcement and was wearing uniform when the incident took place.

The state trooper who was at the scene of the arrest recorded that Meyer was not steady on his feet. When he spoke he was not coherent and his eyes indicated that he was DUI, because they were bloodshot. The smell of alcohol on his breath was clearly evident too. He was asked to take a field sobriety test and he failed one of them and refused to take any others. So far as the state trooper was concerned there were good grounds for arrest.

There is one thing for sure and that is no one wants any driver out on Florida’s state highways when his or her alcohol is above the legal limit of 0.08. An accident is quite likely to take place.

However, many of the tests, including sobriety tests, are not necessarily clear determinants of a person who may be DUI. There are so many factors that can influence the results of a sobriety test, including any medications the driver may be taking at the time, as well as any other illnesses that the driver may be affected by.

Even irrational statements made by the defendant may be nothing to do with DUI, but might be related to other circumstances that the defendant may be experiencing at the time.

The trooper stated he had discovered a Powerade plastic bottle with what smelled like alcohol in it. This is not good enough evidence to assume that the driver had been consuming this liquid at any time surrounding the incident that he was arrested for. Even analyzing the contents does not mean that the liquid had been consumed.

It doesn’t matter who you are. Even a County sheriff’s sergeant is not immune at the hands of Florida’s law enforcers. The laws for DUI are harsh in Florida and the only way someone caught for DUI will get a fair hearing is to hire a Florida DUI attorney who will ensure all the circumstances around the arrest are investigated.

The penalties vary for a misdemeanor in Florida but once a conviction has taken place it could be a life changing event. No one wants to employ someone who has been convicted for a DUI in Orlando. It might even be difficult to get a place at college or university, let alone work as a teacher, nurse or doctor.

A DUI Florida attorney knows how harsh the state of Florida is and will fight to ensure that the penalty meets the crime. This could mean a complete dismissal of the event or a reduction in penalties. You can’t lose by ensuring that you have the best defense in this situation.

The proposed bill hardly seems tough, especially compared to many other states. Drivers who use mobile devices, like cell phones, for making calls or texting, are estimated to cause around one in four of all accidents in Florida. This is a number six times greater than driving while under the influence of alcohol or drugs. Florida already has a ban on using a cell phone to make a voice call, and yet the simple step of making texting while driving illegal – an activity which is over twenty times as likely to cause an acident as using a cell phone for voice calls – has received stiff oposition from many Florida’s legislators.

The bill that has just been passed is unlikely to be too much of a disincentive for serious texting while driving offenders. The fine proposed is a paltry $30 for first time offenders. The two stalwart  senators who have been submitting a version of their bill for so long had aready compromised on the final details of the proposed legislation. Those who are caught texting while driving will only be charged in Florida if they have been charged for another offense at the same time.

Florida’s stance on this legislation stands out when compared to the majority of the other states in the country. The only four states which have still failed to implement texting while driving legislation are Hawaii, Montana. South Carolina and South Dakota. Senators Nancy Detert and Doug Holder from Sarasota have pointed out that the populations of these four states are far lower than Florida’s and the number of vistors to this state, which is often a reflection of the need to communicate by cell phone, is also a lot higher.

A change in the law to prohibit texting while driving is certainly a popular one amongst Floridians – opinion polls have consistently shown strong support for such a ban.

These facts make it more unfortuante that Florida should be so slow to act on such an important cause of motor vehicle accidents in the state.

The legislation which passed on the next to last day of this year’s session was in doubt until almost the last minute. An amendment filed by another senator meant that enforcement by police would be watered down significantly. The amendment stated that privacy concerns – the ability of police to use access to drivers’ text messages to prosecute – would be infringed. The amendment means that police will only be able to use direct observation of a driver texting if a charge is going to be made.

Over at the House of Representatives, this session’s reading has seen an actual real debate about the bill being allowed for the first time by the current Speaker. It is expected that Florida Governor, Rick Scott, will sign off on this bill at long last, and no doubt it can be strengthened in future, although Florida’s public may have to wait for real progress just as long as they did this time.

-Arrests and bookings
-Vehicle searches
-Personal searches of bystanders or pedestrians
-Searches of homes, businesses and other public or private structures

Applications For Arrest or Search Warrants

Probable cause is often misrepresented in the popular media and may be misconstrued by members of the general public. As such, it is crucial that every American understands the basic framework that governs the actions of the nation’s law enforcement agencies.

The origins of probable cause can be found in the Bill of Rights. The Fourth Amendment to the Constitution stipulates that the “persons, houses, papers and effects” of Americans must be protected from “unreasonable search and seizure.” In effect, the Fourth Amendment prevents law enforcement officers or military personnel from entering a private dwelling or office and seizing items that can be used as evidence of a past, present or future crime or misdeed.

The Fourth Amendment goes on to stipulate that searches and seizures must be predicated on the issuance of an official warrant that outlines the parameters of the search. Generally speaking, warrants describe the physical areas, people and items that may be searched and confiscated.

Law Enforcement Officers Must Have “Reasonable Suspicion”

In the centuries that followed the initial drafting of the Bill of Rights, the concept of probable cause has been fleshed out further. Today, it is widely used to describe a condition in which a law enforcement officer has “reasonable suspicion” that a crime has been committed. For example, an officer who clearly smells the odor of burnt marijuana emanating from a vehicle that he or she has pulled over may cite this fact as “probable cause” that a crime has been committed in the vehicle. Using this framework, the officer may demand an on-the-spot search of the vehicle.

Judges who issue warrants or adjudicate cases in which evidence was obtained during a warrantless search often use a convenient rule of thumb to determine whether the arresting officer had probable cause to conduct a search. In effect, the judge weighs the circumstances that led to the search and determines whether a “prudent and cautious” person would have reason to believe that the individual who was searched was guilty of a crime.

What If There Isn’t Probable Cause?

During the course of a “probable cause search,” an officer may seize any items that led him or her to initiate the search as well as any other illegal items that the search turns up. If a search is deemed to have been conducted without probable cause, a judge may throw out any evidence that it produced.

Furthermore, the officer who conducted the search may be subject to disciplinary actions or civil proceedings. In certain circumstances, the agency that the officer works for might face repercussions as well.

Shahin Zamir is a criminal defense attorney at the Law Office of Shahin Zamir in Houston, TX. He represents those charged with felony and misdemeanor crimes.

Here is the important point you need to know, when you’re on vacation and you or someone in your family is injured through no fault of your own, how do you hire a lawyer from the place where you live? How do you pick the right lawyer and then to manage the litigation?

It is actually a lot easier than you might think because being licensed in Florida and knowing lawyers in Iowa, Texas and other vacation destinations I’ve already done the work for you.

You may wonder if it will cost you more to hire both firms and the answer is “No”. The lawyers we work with charge a normal fee and we split that fee between our firms. It costs you no more than we would normally charge if the accident happened here in Iowa.

So if you’re at Disney, Epcot, a Super Bowl, a college bowl game, Daytona, the Keys or any of the other vacation locations and have an accident call us and allow us to help you.

Attorney Steve Lombardi, 515-222-1110 or sdlombardi@aol.com.

Because Williams blew under the legal limit, the State of Florida will not take action to suspend his driver’s license pursuant to Florida’s administrative suspension law.  However, Williams will still need to fight the charge in criminal court since the State Attorney in Hillsborough county will be deciding whether to prosecute him for driving under the influence.  The Florida DUI jury instruction specifically states that the prosecutor is not entitled to a presumption of impairment when the breath test is below a .08.

If the state attorney decides to move forward, Williams is facing up to 12 months of probation, up to 6 months in the Hillsborough county jail, a 6-12 month driver license revocation, having to complete an approved DUI school and any counseling, 50 hours of community service, a 10 day impound of his vehicle, and some additional financial penalties that are imposed by the court.   Any evidence, including a video of his roadside field sobriety tests, could help Mason to possibly convince the state attorney not to file charges against him.

It is unknown what action the Yankees organization may take against him since the case is pending in the courts.

Critics argue that these laws are too vague and permit the use of excessive force in fighting off home intruders and other attackers. They point to cases where home invaders have been killed, despite being unarmed or unable to retaliate. They also argue that these laws violate the principles of proportional response and encourage excessive violence. Supporters of the law say it equips homeowners and citizens with the legal protection necessary to adequately protect themselves from thieves, burglars and other criminals.   Essentially if the law is not in effect then fathers or mothers and others living in their home can be charged with murder for killing someone that was invading their home.

What Is The Law In New Jersey Regarding Protecting Yourself In The Home?

Regardless of the legal and philosophical debate, it is important for residents of New Jersey to be aware of what the law is regarding this matter. Though it is unpleasant to consider, it is very possible in even the safest of neighborhoods to have one’s house invaded by thieves or worse.   It is also important to understand completely what the law permits and prohibits.

“Stand Your Ground’’ laws are related to but not quite the same as ‘Castle’ laws. The former usually covers situations beyond one’s home, while the latter deals exclusively with home invasions and self-defense in the context of one’s property.

New Jersey does not have a ‘Stand Your Ground’ Law, but does have a ‘Castle Law.’ What this means is that if one encounters a person threatening them, they are obligated to retreat if they know they can avoid using deadly force to protect themselves and know of a place where they can safely retreat to. Self-defense also has to be proportional.  A resident of New Jersey cannot, for example, pull out a gun and shoot someone who has slapped or pushed them.

Things change once we talk about self-defense in the context of one’s home. A resident is not obliged to retreat if attacked in his or her house and has more leniencies in using deadly force upon intruders or attackers.  The distinction between self-defense at home versus self-defense outside the home is very important and can make all the difference between a prison sentence and freedom.

If you or anyone you know has defended themselves within their home or in the context of self-defense and are concerned about the legal consequences then contacting a criminal defense attorney should be your first step for help.

Author Bio

Adam H. Rosenblum is a criminal defense lawyer admitted to practice in both New Jersey and New York his websites are rosenblumlawfirm.com and ticketdefenselaw.com .

Theses devices consist of a breathalyzer machine that is installed in the offender’s vehicle. The offender must blow into the breathalyzer and register a BAC below the legal limit in order for the car to start. If they blow above the limit, the car will not start. During the drive, the offender must take the test again to ensure that they are not consuming alcohol while driving. If the offender blows over the legal limit at any time, the results of the BAC test will be delivered to their probation officer.

Ignition interlock is a great program for DUI offenders who need to be mobile. Some of the benefits include:

• Allowing the offender to continue with day-to-day activities such as driving to work, the grocery store, or to pick up children.
• It can be affordable, especially when compared to other penalties for DUI offenses such as jail time, or license revocation.
• It’s reliable and easy to install.
• The device is relatively small and will not affect a driver’s ability to see the road.

There are a variety of companies in Florida that specialize in Ignition Interlock installation, so you do have some options unless otherwise specified by the court order. Based on our experience, the device can cost anywhere between $60-$125/per month, plus there may be additional charges for installation or removal.

In Florida, state law allows a judge to order an ignition interlock device to be installed in the vehicle of any person found guilty of driving under the influence of alcohol. If the offending party registers a BAC of .14 or below, the judge will decide if an IID will be required, but most times they can be avoided. However, if a person blows a .15 or above, the court is required to order the installation of an ignition interlock device.

If the court decides that you must use an ignition interlock device, they will notify the Florida Department of Highway Safety and Motor Vehicles. The DHSMV will record the conditions of your sentencing, and they will be the ones receiving alcohol readings from your device in order to ensure that you are in compliance. Depending on the circumstances of your case, the DHSMV may inform your parole officer if the readings show that you are not following court orders.

How Long Will I Need to Use My Ignition Interlock Device?

The length of time that you will need to use an IID will depend on three main factors; your blood alcohol content, the number of previous convictions, and whether or not children were present at the time of arrest. Florida Ignition Interlock Device timelines are explained as follows:

• For first convictions where the driver blows a 0.15 or higher at the time of arrest, a mandatory IID will be ordered for six months. If the driver blows between .08 and .149 and a child is in the vehicle at the time of arrest, they will also receive a six-month order.
• For any person convicted of a second DUI with a BAC under 0.15, the Ignition Interlock device will be mandatory for a one-year period.
• Any person guilty of a second conviction for DUI with a BAC of 0.15 or higher will be ordered to use an Ignition Interlock Device for two years. Similar to the first offense penalty, a driver is subjected to a two-year IID order if a child is in the vehicle during the second offense.
• A third DUI conviction will result in a two-year IID order.
• Four or more DUI convictions will result in a five-year IID order.

If you or someone you know is facing the possibility of being ordered to install an Ignition Interlock Device, don’t hesitate to consult with a knowledgeable legal team.

Avery Appelman is a criminal defense attorney in Minneapolis, Minnesota and the founder of Appelman Law Firm. He specializes in DUI defense, as well as other drug and traffic crimes. He has decades of legal experience and holds a J.D. from Syracuse University. When he’s not working for his clients, Avery enjoys coaching youth hockey and soccer. You can learn more about Avery and Appelman Law Firm at www.aacriminallaw.com.

According to a recent report at CJOnline.com, the state’s highest court decided that Kansas’ license suspension law does not apply to those arrests made by tribal law enforcement officers while on tribal land. The Court said that Jacob Carl Rodewald’s license should be reinstated after a 2008 stop on the Potawatomi reservation. The reason given was that the Kansas Department of Revenue had no jurisdictional basis to suspend Rodewald’s license since the arresting officer was not from the state of Kansas and the arrest itself did not take place in the state of Kansas.

Rodewald, who at the time was 18 years old, was first pulled over by a tribal officer on April 26, 2008. The officer noticed the smell of alcohol on Rodewald’s breath and, after a few minutes of questioning, Rodewald admitted to having had a beer with a friend. He was then taken into custody and his BAC was eventually found to be 0.046. While that’s still below the legal limit of 0.08, remember that Rodewald was 18. Kansas law states that any driver under 21 who is found to be driving with a BAC greater than 0.02 will have his or her license suspended.

Rodewald, who is a member of the Prairie Band Potawatomi Nation, initially filed the appeal of his license suspension because he felt that the Kansas Department of Revenue lacked the power to penalize him for an arrest made on Indian land. His attorney argued before the Kansas Supreme Court claiming that tribal courts should have the sole jurisdiction in such cases.

However surprising this decision might be, the justices were in full agreement, deciding unanimously that the state’s Department of Revenue only had authority over those who operate vehicles within Kansas. Justice Lee Johnson, who wrote the opinion, stated that the statute’s language clearly specifies that license suspension will only occur to those arrested “in this state.” Justice Johnson said that the phrase clearly refers to those areas that are within the jurisdiction of Kansas police officers.

The Court clearly came down on the side of acknowledging that tribal land is a sovereign space over which the Kansas Department of Revenue (or, for that matter, any Kansas governmental body) has no power. Though Justice Johnson mentioned that the state has a substantial interest in keeping impaired drivers off the road, the right of the Prairie Band Potawatomi Nation to govern themselves takes precedence.

This is a post was provided by experienced Minneapolis DWI Lawyer Douglas Kans from Kans Law Firm, LLC.  You can find out more about Douglas by visiting www.kanslaw.com.

Some Tips to Prevent Drinking and Driving After the Celebration

Plan in Advance - Getting home safely must be the number one priority. If you will be drinking while you are out celebrating, you need to have a plan for getting home. A designated driver is the best, most cost effective, and simplest solution for many people. Another good option may be calling a cab. Is the party at a friend’s house? Spending the night may be your best plan. But whatever you do, be sure to have a plan for getting home safely BEFORE you have your first drink.

Be a Real Friend - Friends really don’t let friends drink and drive. Don’t let your friends drive after they have had too much to drink. Talk them out of driving, call them a cab, take their keys away from them. Preventing your friend from driving drunk is preventing him or her from getting charged with DUI, but it also prevents them from hurting someone else.

Be a Generous Host - If you are hosting a party, make sure that your guests have a safe way home. Call a cab for people if need be. If someone at your house isn’t drinking, maybe you can provide rides home. You might also consider inviting your guests to spend the night if they have no safe way home. No matter how good your party is, someone getting in legal trouble or someone getting hurt ruin everything.

A little bit of advance planning is all that is needed to make sure that everyone has a great time celebrating St. Patrick’s Day, but more importantly, that everyone is able to get home safely without drinking and driving. Each of us needs to keep in mind that when we get on the road, our actions affect everyone else with whom we share the road. Don’t let your celebration be the cause of a tragic accident. If everyone keeps safety in mind, we can all have a safe and happy St. Paddy’s Day.

Contact an Experienced DUI Lawyer Today

Contact a dedicated, aggressive criminal defense lawyer in your area today if you have been charged with a DUI. Whether you made a terrible mistake or have been accused of something that you didn’t do, you need to speak with an attorney with experience defending against DUI charges immediately. A DUI lawyer may be able to have illegally obtained evidence withheld, poke holes in the prosecution’s case, and get your charges dropped. While drunk driving is a serious problem, there are also serious flaws in the way that DUI cases are investigated and prosecuted. For more information, contact a criminal defense lawyer in your area today.

Information About Our Criminal Defense Blog

IMPORTANT: This DUI and Criminal Defense Blog was written by a guest attorney or a representative of a law firm other than our own. Our law firm does not make any representations as to the accuracy of this information or to the accuracy of the information linked to within this blog. This blog is intended for informational purposes only. If you have questions or concerns related to your specific case, it is important that you reach out to our criminal defense law firm in person to speak with an attorney who can advise you of your rights based on the very specific circumstances of your legal issue.

The Herald Tribune now reports that Fornal has resigned as the department investigates the extent of his misconduct. The Tribune quotes a written statement by sheriff spokeswoman Wendy Rose, “He was allowed to review the evidence and witness testimony against him. It was at that time he submitted his resignation.” Unfortunately for Fornal, a lot of the evidence proving his misconduct are video tapes from his own (or should we say former) patrol car.

Don’t worry, just because Fornal has resigned as a deputy does not mean that the cases looking into his behavior are paused. The Tribune also noted that the internal affairs investigation into Fornal’s actions will be completed by the end of the week. We will keep you posted.

In Florida, police are always on the lookout for DUI’s. But their vigilance must still land on the side of legal activities. The legal reality of any traffic stop is that the police must have probable cause to pull a car over. Put differently, the police cannot pull you over for no reason whatsoever. And once they do pull you over, there are certain standards the police are held to during the contact with a driver and his passenger. Not only did Fornal offend those communication standards but some of his stops are also being questioned on a probable cause level. For instance, one such stop occurred last May when he pulled a driver over on suspicion of marijuana after he claimed to have smelled it himself. The issue: the windows were rolled up at the time. Ultimately, no marijuana was found in the vehicle.

We know how scary the Florida criminal justice system can be. That being said, just because you are pulled over or charged does not mean that you will be convicted of a crime. A good Florida criminal law attorney not only looks into the more obvious flaws in a case (issues with a breathalyzer, chain of custody, etc) but also into the individual officers involved in the case. Of course we would all like to believe that every police officer has your safety and best interests in mind but the reality is that Fornal is not the only Florida police officer that has engaged in questionable conduct while on duty.

If you have recently been charged with a crime in Florida, do not hesitate to give the attorneys at Finebloom & Haenel P.A. a call to discuss your case. We will look at every aspect of your case and do our best to get you the best results possible. We will fight for your rights. We look forward to hearing from you soon.

Although the defense of your case will be the same as if you were from Florida, there are certain requirements that the state has in place with regard to timing and appearances that you will need to consider. In Florida, individuals charged with driving under the influence are required to attend a court date within ten days of receiving his or her DUI. But what do you do if you were not planning on staying in the sunshine state for that long? Additionally, many of the punishments that are attached to a DUI conviction require local things like community service and working with a state parole officer. Again, the geographic issues come up. With both of those items being mandatory requirements, the last thing you want to do is miss an appearance or not satisfy a punishment. There are ways to get around it—hire an attorney. Working with an attorney on any DUI charge is always a good idea but this is especially true for out of state DUI’s because there will be few, if any times in which you would have to come back to the state to resolve the charges against you. If you choose to represent yourself then you will need to show up to court on the necessary dates, which can get costly quickly!

Your Florida DUI attorney can make any and all court appearances for you as well as file the necessary paperwork to get your case resolved quickly. Your attorney can also help with the punishment (should that be the case) aspect of your case and inform and work with the judge on creating a working situation that limits travel without compromising the punishments the judge in your case assigns. For instance, your attorney can put together an arrangement that allows you to mail in your probation requirements rather than meet with an officer in person; and buy (rather than serve them in person) community service hours when possible.

If you have recently been charged with driving under the influence while visiting Florida, give the attorneys at Finebloom & Haenel P.A. a call today. We have worked on tons of cases similar to yours and know the added stress being from out of the state adds. We will go over the various options with you and work hard to get you the best possible results in your case. We look forward to hearing from you soon!

I would like to recognize Nicole Naum for helping me with this post.

Attorney Rizzo represents the driver of the vehicle involved in the accident, not the passenger whom Deputy Fornal allegedly mistreated.

Below is the new story where AnneMarie Rizzo was interviewed about Fornal’s actions:

WFLA: News, Weather, and Sports for Tampa Bay, FL

Attorney Rizzo was also quoted in a newspaper article about the incident which can be found below:

http://www.heraldtribune.com/article/20130219/ARTICLE/130219518/2416/NEWS?Title=Sarasota-County-deputy-under-scrutiny-again

Calling passengers things like “dumb f***ing retards” among other charged, expletive-laced statements, Fornal was caught on tape making various stops and arrests in this manner. Deputy Fornal will remain on active duty while the Sarasota Sheriff’s office looks into the questionable encounters. The Herald Tribune quotes Sheriff’s Office spokeswoman Wendy Rose on the situation. “The language the deputy used violated general orders. At this point his conduct did not appear to rise to a level that warrants administrative suspension while we proceed with our internal investigation.” Not only would an internal investigation lead to a potential suspension or firing but also calls into question the actual arrests and stops he has made while on duty.

And it wasn’t just the driver that was affected by the intimidating confrontations with Deputy Fornal. The Herald Tribune quotes Finebloom & Haenel P.A. attorney AnneMarie Rizzo, the driver, not the passenger, of the car in the recent stop by Fornal: “He was having an extreme panic attack. His mother was killed in a traffic accident in 2002, and he had to identify the body. A lot of issues came back. In any situation, regardless of guilt, people still have rights, including the right to be protected.” Rizzo has worked on thousands of Sarasota and Florida DUI cases and this is not her only case involving misconduct by Fornal.

Many individuals in Sarasota feel that once he or she is charged with driving under the influence, the charge is as good as a conviction. That is simply not the case and the recent string of press relating to misconduct of various sorts by police officers shows the importance of working with an attorney on your case. There are various checks and protections in place to protect your rights within the criminal justice system. Placing cameras on police cars that record the initial police contact is one such protection.

If you have recently been arrested for driving under the influence in Tampa, give the attorneys at Finebloom & Haenel P.A. a call today to discuss your case. We will review your case and go over your various legal options. DUI’s can be an incredibly emotional experience, especially in those cases that involve misconduct by the very officers that are sworn to protect you and your rights. We will fight for you.

When it comes to pre-employment drug testing, we understand how many Florida employees have concerns that this type of testing constitutes an invasion of privacy. However, like requiring an applicant to have a certain GPA before applying for a job, requiring a drug test is within the discretion of your employer in most cases. You have the right to refuse the test, but then again your potential employer also has the right to refuse offering you a job for failing to satisfy that condition. The same holds true for those individuals that are randomly tested for drugs throughout the course of their employment.

Here’s where things can get tricky: Can you get caught for drugs at work and then reported to the police for illegal activity? The vast majority of drug cases have to do with the individual doing something else illegal and getting caught. For instance, an individual gets pulled over for speeding and the Florida police see cocaine sitting on his passenger seat. Or the police have a search warrant for an apartment for some crime scene evidence and discover marijuana during their search of the property. For obvious reasons, it would be difficult for police to arrest and prosecute an individual for failing a private drug test that they did not administer. Or, put differently, this type of evidence would make for a very weak case unless the drugs were actually found on you at work as well—in these cases there are some possession issues at play that may make the state more willing to press charges.

Florida drug charges can be classified as a felony or misdemeanor depending on the specific of your case and your criminal history. Whatever the level of severity, the consequences for having a drug charge on your criminal record can be reaching and something we will work hard to help you avoid.

The attorneys at Finebloom & Haenel P.A. have worked with a wide range of Florida drug cases and are familiar with the various nuances in state and federal laws. If there have recently been drug charges filed against you or your loved one, give our office a call today for a free consultation on your case. We will work hard to get you the best results possible. We look forward to hearing from you!

Last week we blogged about a surprising event that caused a delay in the Bubba the Love Sponge trial. Although attorney Charles Phillip Campbell will have to deal with his public driving under the influence charge in the coming months, the court was able to move past this embarrassing incident and finally render a verdict in the defamation trial between the two local radio personalities.

Three hours was all it took for Tampa jurors to find Bubba the Love Sponge Clem not guilty of any of the civil defamation charges Todd “MJ Kelli” Schnitt accused him of making on the radio. To sum up the two-week trial in a couple sentences…Schnitt claimed Bubba the Love Sponge Bob Clem made defamatory statements about him and his wife that led to public threats, among other things. In his defense, the disc jockey simply responded that he was exercising his right to free speech. The Tampa Bay Times reports that the victorious Bubba the Love Sponge Clem plans to, “continue his broadcastings in his normal style, no more, no less.” Clem also plans to have a very public “funeral” for his courtroom and air wave opponent that will include “an effigy of MJ hanging and a casket.”

The judge in the case had previously dismissed five of the charges against Bubba the Love Sponge Clem earlier in the week. The Tampa Bay Times quotes an excerpt from the closing statements made by Clem’s attorney, “This is a case about the First Amendment, protected speech and the overwhelming evidence, when taken in context, is that every single bullet point is protected opinion, hyperbole, satire or simple name-calling. In other words, protected speech, speech that’s protected by the First Amendment of the United States. “

Generally speaking, in order to prevail on a defamation charge when dealing with public figures, the plaintiff would have to show the following elements:

1. Someone made a statement: In this case, Clem made statements about Schnitt and his wife on a regular basis
2. That statement was published: The statements were made on the radio, which satisfies the published requirement
3. The statement caused Injury: Schnitt needed to show damages associated with the statements made by Clem on the radio
4. The statement was false
5. The statement was not privileged
6. There was actual malice: This is an extra element that only applies to public figures and officials. Because both parties in this case were in the public eye (or should we say ear) they also fall into this category. Schnitt would have to prove that the statements made by Clem had actual malice behind them.

Defamation is a term that gets thrown around rather casually in society; but as you can see from the elements outlined above, proving defamation against a public figure is no easy task. However, just because Clem was found not guilty this time around does not mean that he will be as lucky in the future.

And remember, if you ever find yourself in trouble with the law, give the attorneys at Finebloom and Haenel P.A. a call to discuss your case.

To back up a bit…Campbell’s client is suing rival talk show host Bubba the Love Sponge Clem for making defamatory statements about him and his wife on his morning radio show. Seeking more than $15,000 in damages, the case has received a considerable amount of publicity for the two radio personalities. The recent Tampa DUI arrest is just adding more publicity to the case.

Campbell was also arrested for a DUI in 2008. My Fox Tampa Bay quotes opposing counsel Steven Diaco on what the delay means: “I’m shocked the case as continued. I feel horrible for this jury that has been sequestered and pulled from their jobs, their lives, their families. I’m disappointed but it’s out of my control.”

Like most Tampa DUI arrests, Campbell was pulled over for suspicious driving behavior after he violated the right of way of another vehicle. The 64-year old attorney also refused to take a blood alcohol test following his arrest, a decision that may cause legal problems down the line for Campbell.

Refusing to take a chemical test in Tampa can result in fines, criminal charges, mandatory DUI education courses and jail time. Additional penalties are attached to those individuals that refuse to take a chemical test because this is a violation of Florida’s implied consent laws. Implied consent laws go in place the moment a driver gets his or her driver’s license. Look at the law as a tradeoff of sorts—the state of Florida is granting you the privilege to drive and in return you are consenting to DUI testing when necessary.

In this DUI case, police have evidence against Campbell (erratic driving behavior, smell of alcohol, red blurry eyes at the time he was pulled over) that may indicate a level of intoxication above the .08 legal limit but they do not have an actual reading of his alcohol level at the time of the arrest. How might the prosecution in the case use this lack of evidence? In cases like this, the prosecution will argue that the refusal to take a test is evidence of his or her guilt. Certainly a much weaker argument than a BAC reading will be, Campbell will nevertheless face some type of punishment for this refusal whether or not he is convicted of a DUI.

If you have recently been arrested on suspicion of driving under the influence, give the attorneys at Finebloom & Haenel P.A. a call today. Whether you took a chemical test or refused, we have years of experience on a range of DUI cases and will work hard to get you the best result possible. Give us a call today for a free consultation.

1. Pay the full amount of the check with certain fees
2. Ignore the notice

This blog is to let you know about the legal consequences of ignoring a worthless check notice (option 2). In many instances, the recipient of the worthless (often also referred to as a bad check) will send formal notice demanding full payment as well as fees associated with the returned check. If these conditions are not met then the recipient can file both civil and criminal charges against you. This is certainly not something you will ever want to deal with. Consider the notice a warning that you should heed to and make sure to send payment right away. Individuals usually have seven days to respond with payment to a notice so make sure to act quickly.

Here’s a look at some of the potential penalties you could face if convicted of writing a worthless check in Florida:

 - Jail: that’s right, the judge in your case does have the option of putting you in jail for a period of time.
 - Restitution to the victim: restitution refers to making the plaintiff in your case whole again. This can include the amount of the check in addition to other things.
 - Financial damages up to three times the amount of the check: As a penalty for writing a bad check, the court is allowed to award damages up to three times the amount of the check that was originally issued. For instance, if you originally wrote a bad check for $1,000 you may now need to write a good check for $3,000.
 - Court and attorneys fees: You will likely need to pay the court and attorneys fees the plaintiff incurred in pursing legal action against you. These can get costly if your case goes all the way to court.

As you can see, if you cannot afford the check you are writing then you really cannot afford the penalties for doing so. Additionally, having a criminal conviction on your record for something like this is certainly not ideal.

If you have received a notice or already have criminal charges against you for writing a worthless check, get in touch with the attorneys at Finebloom & Haenel P.A. now. We will work hard to defend the criminal charges against you and resolve the situation quickly. Working with a criminal defense attorney may help you avoid the many serious potential penalties associated with writing a worthless check and avoid a criminal conviction on your record. We are available day and night to speak with you and look forward to hearing from you soon!

• Children’s Gasparilla Extravaganza: McDonald’s and Chevrolet will sponsor the 4^th edition of the Children’s parade. The event will be held on Saturday January 19, 2013 starting with a 1:30 preschooler’s stroll, 3:30pm parade and fireworks going off at 7pm. The extravaganza will take place on Bayshore Boulevard (from Bay to Bay to Watrous and Orleans Avenue). The event will also be televised live on Fox 13 from 4-6pm.
• Former Mayors Speak about Gasparilla: Entitled: Tall Tales and Scandalous Stories, four former Tampa mayors will talk about their experiences with the quirky parade. The event will take place on Friday January 25, 2013 from 6:45pm to 7:45pm at the Music Room of Plant Hall on the University of Tampa campus.

• Gasparilla Exhibit: Entitled, Gasparilla: A Tampa Tradition, the Henry Plant Museum on the University of Tampa campus will be running the exhibit from January 25-February 17. The museum is open from 10am-5pm Tuesday through Saturday and noon to 5pm on Sunday. General admission is $10, students and those 65 and older are $7, children ages 4-12 are $5 and those ages 3 and under are free. The exhibit will include film footage of the event from the 1920’s as well as gowns, costumes and other memorabilia from years past.

• Invasion Brunch: Kicking the Jan. 26 festivities off is always the famous Invasion Brunch held at the Tampa Convention Center. Here is where the Jose Gasparilla docks and the Mayor of Tampa hands over the keys to the city. The Brunch begins at 10am and reserved tickets are required for adults and children over the age of two. Ticket prices begin at $70.09 Parking is available at the Convention Center but does fill up quickly so be sure to arrive early.

• Parade of Pirates: The Gasparilla Parade of Pirates will find Bayshore Blvd transformed into a scene out of Disney’s Pirates of the Caribbean. The parade goes from 2pm-5pm starting at Bay Street and ending at Cass Street and Ashley Drive. Along the route will be Charity Beer Gardens, food vendors and much more. Admission is free but you can also purchase reserved bleacher seating to guarantee a good seat here. There have been some landscaping changes in addition to recent construction that have limited viewing spots this year so be sure to get there early!

• Street Festival: Live entertainment and food, say no more. The Gasparilla Pirate Fest Street Festival goes from 10am-10pm on Saturday January 26. Admission is free and the festival is located in Downtown Tampa between Cass Street and Kennedy Blvd.

As you can see there are a lot of great activities to enjoy on the 26^th and beyond. One thing to note for those of you partaking in the festivities on Saturday, Tampa area police will be on serious lookout for anyone breaking the rules. As some of you may know already, the police switched from arrests to citations for many of the common Gasparilla offenses (i.e. open container violations, public intoxication) so beware that breaking the rules of the event may result in a minimum $75 ticket. Follow our list of Do’s and Don’ts and enjoy your day without getting into trouble!

When it comes to drinking and driving or boating, it should come as no surprise that there will be an increase in patrol cars looking to arrest anyone that appears intoxicated. Knowing this, make sure to plan your transportation out ahead of time. The HART and TECO both offer all day passes for less than $5. If you do find yourself in trouble at Gasparilla, make sure to give the attorneys at Finebloom & Haenel P.A. a call.

When: Saturday, Janurary 26, 2013

Where: Tampa, Florida

Time: Parade goes from 2pm -5:30pm; Street festival goes from 10am-10pm

That’s right, Gasparilla once again hits Tampa and this year parade officials are expecting somewhere around 300,000 people to attend the annual event. Guaranteed to be a good time, here are some tips on how to also make sure that you don’t get in trouble while enjoying yourself. Last year, police arrested and ticketed over 400 people for things like underage drinking, open containers and public intoxication. Many people were unaware of the many changes that parade officials made in recent years that restrict where you can drink and what you can do. Don’t become one of those numbers, follow these guidelines:

1. Stay on the parade route with your beverages: This is a somewhat recent change to the parade rules but perhaps the most important one for you to remember as you celebrate. After years of neighbors complaining about the drinking taking place on local streets, police are really cracking down on where you can drink. There will be signs posted, but they are not always easy to see when there are so many people in the same space. Leaving the parade route, even to go somewhere nearby will cost you $75 for your first offense and the price will just go up from there. You can find the exact Gasparilla 2013 parade route here.
2. Leave your coolers at home: For safety reasons, the days of large coolers filled with beer are over. So leave your cooler behind for this year’s celebration. The good news is that you will be drinking for a good cause—100% of the revenue from the beer gardens goes to support local Tampa Bay area charities. Cheers to that!
3. Must be 21 to drink: This rule is not unique to Gasparilla but it will certainly be enforced during the parade so make sure you have your valid I.D. on you throughout the day.
4. No Flashing or Nudity: Again, fairly self-explanatory but keep your clothes on even if you are wearing very little to begin with!
5. Use the portable toilets: In addition to open container citations, the police will be on the lookout for anyone that wanders into a local yard or alley to go to the bathroom. Tampa police ticketed a bunch of people last year for urinating in public; try to avoid this one too! There are portable toilets all along the parade route and throughout the street fair for you to use.
6. Plan your ride home ahead of time: HART and TECO are running all day with passes for less than $5. Not surprisingly, Tampa police will be on high alert for anyone driving under the influence as he or she leaves Gasparilla. Avoid a costly DUI and plan your ride home ahead of time—take public transportation, hire a car service or have the number for a cab handy. The same advice goes for those of you celebrating on boats—designate a driver before you begin drinking!
7. Don’t bring any prohibited items: The official Gasparilla website lists items that are prohibited. They are: Styrofoam cups or containers, glass containers of any sort, advertising of any product or service, coolers (unless soft for children or medical needs), contest or lotteries of any kind, tents, fences, stakes or ropes, samples or giveaways, selling any product (unless you are a vendor). Vehicles, weapons and illegal drugs.

Gasparilla is meant to be a good time. Don’t spoil the fun by getting in trouble with the law the day of the celebration. If you do, make sure to give the law firm of Finebloom & Haenel P.A. a call to help you out. We are available day and night for a free consultation on your case.

From the floatilla to the pirate parade to the street festival, Tampa expects crowds of over 300,000 people come January 26^th, but those high numbers does not necessarily mean that there is safety in numbers when it comes to breaking the rules. The Tampa Bay Times reports that for local police will be using the $2 million security camera system installed for the Republican National Convention to monitor the parade this year. 58 cameras in total, police will continue to monitor open containers and public intoxication issues from the ground and look for fights, disturbances and other crimes from the sophisticated surveillance system.

The Tampa Bay Times quotes police Chief Jane Castor, “We will also be on the lookout if a child gets separated, or if anyone gets injured, we’ll be able to alert fire-rescue to that.” Following the decision by Tampa Mayor Bob Buckhorn to keep the cameras originally intended just for the RNC, many individuals and groups (including the Tampa chapter of the American Civil Liberties Union) have expressed concerns about their continued presence within the city. The Tampa Bay Times quotes Mike Phenger on the topic as it relates to Gasparilla, “People go to Gasparilla to have a good time, not to be monitored by the police. It sounds like (Chief Castor) wants to use them for a set of problems that haven’t materialized in previous Gasparilla parades.”

Whichever side of the argument you fall on, know that they will be in use when you are participating in festivities. In addition to security cameras, here’s a look at some of the other ways police will be patrolling Gasparilla this year:

- Ground police walking and getting around on horses, golf carts, Kona bicycles and segways
- Long range acoustic devices—another leftover from the RNC, these powerful megaphones will be used to make announcements
- SWAT truck
- Increased patrol cars monitoring the surrounding area for intoxicated drivers

One of the biggest enforcement changes that took effect last year was the shift from arresting law breakers to issuing citations. In years past, police made hundreds of arrest for things like open containers and public intoxication. Now, police issue civil citations ranging from $75 to $450. This is a good thing—it means that individuals are able to avoid criminal charges that come with an arrest and simply have to pay a fine. Either way, getting caught for breaking the law at Gasparilla is a huge buzz kill.

One thing that will always end in an arrest are those individuals found to be driving or boating under the influence and police will be on high alert for this. We hope you have a wonderful, safe and legal time at Gasparilla this year. If you do find yourself in trouble, make sure to give the attorneys at Finebloom & Haenel P.A. a call. We are available day and night to discuss your situation. We look forward to hearing from you!

A parade and street fair and lots of opportunities to drink throughout the day means that it is also easy to get in trouble while enjoying the Gasparilla festival. And to the surprise of no one, the Tampa police are especially vigilant during the festivities to catch things like open containers, public intoxication and underage drinking. To help you plan ahead and stay out of trouble, here’s an easy to remember list of Gasparilla do’s and don’ts

DO:

- Dress up!
- Get there early—as a result of recent construction projects and landscaping changes from last year, there is actually a little less space to view the parade than in years past so make sure to get there early.
- Bring your own food and non-alcoholic beverages if you want
- Get an all day pass—both the HART and TECO offer all day transportation passes for less than $5
- Leave your pets and bikes at home—the event will be way too crowded for your furry friends and cumbersome bike
- Plan ahead if you are hoping to boat along the floatilla—in addition to limited dock space for any size boat, Gasparilla has special rules for boats over 65’ in length
- Have a great time!

DON’T

- Drink if you are under the age of 21—the police will be on the lookout for underage drinking and this is not a ticket you want to get
- Drive your car or boat after a day of drinking—plan ahead to take public transportation or a taxi to avoid a DUI or BUI
- Have open containers outside of the parade route. That’s right, having an  open container outside of Bayshore’s sidewalks can result in a ticket or arrest
- Urinate in public—there are plenty of port-o-toilets present on the route and police are on the lookout for individuals using a local lawn for a toilet

Following complaints by local residents, Gasparilla officials changed a lot of the rules pertaining to the parade and what you can and cannot do. Unfortunately, not knowing the rules will not get you out of a ticket and Tampa police arrested over 400 people last year. If you happen to follow more of the “Don’t” list than the “Do” list, give the attorneys at Finebloom & Haenel P.A. a call to discuss your case. We are available day and night for a free consultation.

And for those of you that just can’t get enough of Gasparilla, the University of Tampa will be hosting a free presentation entitled: Gasparilla: Tall Tales & Scandalous Stories. The presentation will feature four former mayors of Tampa discussing their experiences with the annual festival. Taking place on Friday January 25, 2013 from 6:45-7:45pm, attendees will also have a chance to partake in the opening night of the Gasparilla museum exhibit. The exhibit is located at the Henry Plant Museum on the University of Tampa Campus. For more information about the presentation and exhibit, click here.

Parking & Docking

There will be special event parking set up in Downtown Tampa as well as Ybor City. For those of you that live in these areas, be on the lookout for special restrictions starting Thursday afternoon to avoid costly tickets and towing.

Once you have parked, you can take the TECO line street car of the HART bus service to get to the heart of the activity. Both have continuous service throughout the day and an all day TECO pass can be purchased for $5 and an all day HART pass can be purchased for $3.75.

On a related note—you are allowed to use your bike to get to the event site but you must walk your bike once you are inside. Before you bike, you may want to consider the great public transportation options available as the streets will be very crowded.

For more information on Gasparilla parking and transportation click here.

If you are looking to dock you boat at Gasparilla, be warned that dock space will be VERY limited on the day of the event. There is limited docking space available at The Tampa Convention Center or in the Marina area along Bayshore between Platt Street and the Davis Island Bridge, available through the City of Tampa Parks Department. If you have a boat larger than 65’ in length then you need to secure your dock space ahead of time and also gain special permission to participate.

For more information on boat docking call: 813-259-1604.

Due to some landscaping improvements and new construction in the area, the actual viewing area for the parade may be a little smaller than it was in years past so be sure to get there early to get a good spot to watch the festivities from!

Fees

Gasprialla is a free community event so you won’t need cash if you are just wanting to watch the parade and enjoy the great music. If you would like reserved seating or a ticket to the Invasion Brunch, here’s a look at the various prices

-Invasion Brunch- $70.09
-Invasion Brunch & Reserved Parade Seating Combo: $97.20 ($87.85 for a child)
-Reserved Bleacher Parade Seating: $35.51
-Reserved Hospitality Experience Ticket: $102.80

All tickets and merchandise can be purchased here.

Food & Beverages

If you have attended before, you know there are tons of food vendors to choose from and the 2013 celebration will be no exception. There will be over 100 vendors located throughout the event site. You are also allowed to bring in your own food and beverages. Here are some of the food and beverage items you cannot bring to the event:

-Alcoholic beverages
-Glass containers
-Coolers (other than soft-sided coolers for childcare and medical needs)
-Grills
-Styrophone cups and containers

You will be able to purchase alcohol at one of the Gasparilla Charity Beer Gardens.

There is typically a lot of drinking taking place at Gasparilla and the Tampa police are on the lookout for anyone breaking the law with open containers or driving under the influence. If you have an issue at the event or anywhere else, give the law firm of Finebloom & Haenel P.A. a call to discuss your case.

Stay tuned for more posts updating you on Gasparilla 2013!

Who: Who is Gasparilla? Legendary pirate Jose Gaspar is widely considered “the last of the buccaneers” and his namesake and pirate lifestyle serve as the inspiration for our famous parade. An aristocrat-turned-pirate, Gasparilla captured and burned as many as thirty six ships during his twelve year run as a pirate. And where was he running to? The Florida straits, of course. Gasparilla met his fate on his final capture (isn’t that always the case?) when the pirate and his crew attempted to capture a disguised U.S. Navy warship. Legend has it that Gasparilla wrapped himself in chains and threw himself overboard when faced with the inevitable capture by the Navy. A death that only made his legend stronger.

What: On this death, legend has it that Gasparilla left a large fortune of buried treasure somewhere along the coast of Florida. And so the celebration began. In 1904, Gasparilla became the patron of the celebration we all look forward to enjoying every year. The community has been so supportive of the celebration over the years that in 1954, the Gasparilla commission built the world’s only modern, fully-rigged pirate ship, the Jose Gaspar. Parade attendees can see the ship among many other homages to the legendary Gasparilla throughout the day. The entire day is designed to mimic a typical Gasparilla capture—from the invasion on the city of Tampa to the celebrations that ensue after. On Saturday morning, the now famous Jose Gaspar ship sails among hundreds of other boats to Downtown Tampa to capture the city for the weekend. The mayor hands over the key and the partying begins.

Where: Originally, Gasparilla was celebrated on the second Monday in February every year but was moved to the last Saturday in January in order to enable more people to attend the celebration. Set for Saturday, January 26^th of this year, the Gasparilla parade will include an invasion brunch, a parade of pirates along Bayshore Boulevard (which includes over ninety floats and fourteen marching bands) and a street festival in Downtown Tampa.

For specific times and other locations, click here. We will also be writing a series of blog posts on Gasparilla so stay tuned throughout the next couple weeks!

With all the good times to be had at the Gasparilla parade comes with a warning: Be careful when it comes to alcohol. In past years, police have arrested between 250 -400 people on alcohol-related charges, and those numbers do not include later DUI’s. Open container laws, underage drinking, driving under the influence and boating under the influence—the Tampa police are on the lookout for any illegal activity and will not hesitate to arrest you.

At Finebloom &Haenel P.A., we know you just want to have some fun during the celebration. If you have been arrested for any drinking or criminal activity, give our law firm a call for a free consultation on your case. We are available day and night.

One final fact pointed out in the article looked at the age of fatal DUI offenders. That largest group of offenders was in the 21-25 range. Whatever your age, a fatal DUI charge is a life changing event. It should come as no surprise that Florida Highway Patrol officers are always on the lookout for drunk drivers, especially young drivers.

A Florida DUI arrest is an incredibly frightening experience for many. And rightfully so– from the moment you are pulled over, the police are not on your side. Florida officers are looking for a reason to arrest you for drunk driving and staying calm under this pressure is your best bet until you can contact your attorney. There are many types of DUI’s: DUI, DUI with property damage and DUI with personal injury or DUI manslaughter. In Florida, the DUI punishment becomes more severe the more serious the injury or damage is. For instance, if you are convicted of a DUI with serious bodily injury in Orlando (for instance, the other driver has a broken back as a result of the accident) then you will face a mandatory 21 months in county jail in addition to other penalties. This mandatory jail time is attached to your punishment even if it is your first DUI and you have no criminal record.

When it comes to a fatal DUI in Florida, the driver could potentially get convicted of DUI manslaughter. With this serious conviction comes a minimum sentencing guideline of four years in jail, a permanent driver’s license revocation and serious fines and penalties (not more than $10,000) from both a criminal and civil lawsuit. If convicted of DUI manslaughter and leaving the scene of the accident…you guessed it, the potential fines and penalties only go up.

A DUI manslaughter charge results when an individual is arrested for driving under the influence and has also caused an accident that resulted in the death of another person. Depending on the facts of the case, an individual can be charged with either a second or first degree felony.

We know how devastating a DUI conviction can be, especially those that involve serious bodily injury or death. At Finebloom & Haenel, we help individuals with their DUI cases every day. We know the law, the courts and the best defenses to help you get the results you are looking for. Give us a call today for an obligation-free consultation on your case. We are available 24/7 and look forward to hearing from you soon!

A Florida arraignment is a time of many firsts. Your arraignment is the first time in which you hear the formal criminal charges against you, the first time you and your attorney go before the court and the first time you will have the chance to speak for yourself.

In many instances, you will be held in jail during the time leading up to the arraignment so making it to court on time will be a given. In those scenarios in which you are not being held in jail, it is imperative that you show up to court when you are supposed to. Missing a court appearance will result in a bench warrant for your arrest and additional charges against you. If you feel like you cannot make your arraignment, make sure to deal with this issue ahead of time and avoid starting off your criminal process on the wrong foot.

The general order of a Florida arraignment goes like this:

1. The court calls you to appear
2. The formal criminal charge against you is read including details such as the date, time and location of the offence
3. You are asked how you plead to the charges against you

You have three plea options after the judge reads the charges against you: guilty, not guilty and no contest. Before you plea, you should speak at length with your attorney about what each of the options means for your future. Even if there is an overwhelming amount of evidence against you, Florida judges cannot question a “not guilty” plea.

In addition to the three points noted above, the court will also set bail in your case if it applies.  Whether you have been charged with a misdemeanor or a serious felony, a conviction can have a life-changing effect on you. Working with a criminal defense attorney will show the court that you are serious about fighting the charges against you.

If you have recently been arrested for a crime, get in touch with the attorneys at Finebloom & Haenel P.A. before your arraignment. We will review your case and work with you to ensure that the arraignment process goes smoothly. We have years of experience working within the Florida criminal justice system and will work hard to get you the best results possible. Give us a call today for a free consultation on your case. We are available 24/7 to take your call.

Violating your probation in Clearwater can result in one of two things happening: you go to jail or you receive your original conviction. Even very minor violations can result in major punishments. Here’s a look at what both of those not-so-fun punishments mean:

• Jail Time: Probation often means a lesser no jail time for the crime that you are convicted of. Although you may not feel like you have total freedom during this time, it certainly beats being locked up in a jail cell. With that in mind, many judges feel like they are doing you a huge favor by granting probation and when this favor is offended, so is the judge. If a judge feels that you intentionally violated your probation, then it is very possible that you will receive the maximum sentence for the original underlying crime. Yes, the only you may have somewhat avoided the first time around. If not, then there may be some lesser jail time involved in addition to fines and an extended probation period when you get out.
• Conviction. If the judge in your original case withheld adjudication then that judge may now decide to convict you of the original crime following your Clearwater probation violation. This can turn out to be a big headache for you—not only does this mean harsher punishments but this conviction may not be eligible for expungement.  No expungement means that it will be on your record for life.

Your Clearwater probation punishment depends on a lot of factors including: the nature of the original crime, the extent of the violation and the judge. Because of this, working with an attorney can be extremely beneficial to reducing the punishments the judge may want to place on you. Probation can seem like a huge hassle but it is nothing compared to the hassle of dealing with violations.

If you have recently violated the terms of your probation, get in touch with the law firm of Finebloom & Haenel P.A. We know how stressful this time can be for you and will work hard to get you the best results possible. Day or night, give us a call for a free consultation.

Generally speaking, a warrant (of any kind) authorizes the police to take certain action. This action can be very broad or limited in its’ scope. Whether a search warrant, bench warrant or arrest warrant– every warrant will list out important specifics such as: the individual to be arrested or searched, the actions allowed to be taken and other parameters. Here’s a look at the purpose behind various types of warrants:

• Search Warrant: A search warrant is a court order that allows Florida police to conduct  a search of an individual, a vehicle or location (i.e. house, office, etc) in search of evidence of a crime. Of course, search warrants are not just granted—the police or prosecution in the case must show that there is probable cause to warrant the search in the first place. If the police exceed the parameters of the search warrant or otherwise violate the rights of the individual, then there are constitutional issues via your fourth amendment rights that a good defense attorney will always bring to the attention of the court.
• Bench Warrant: Bench warrants are issued by a judge when an individual violates a court order. Failure to appear and probation violations are the two most common reasons for issuing a bench warrant. The purpose behind a bench warrant is simple—bring the individual before the court to answer questions regarding his or her violation. In Florida, bench warrants are issued for both felony and misdemeanor cases and typically result in additional punishments.
• Arrest Warrant: Unlike a bench warrant, an arrest warrant is started by the police officer in the case rather than the judge. If the judge finds that there is the requisite level of cause (probable cause) to arrest an individual then the warrant will be issued and police will begin looking in possible locations to find and arrest the individual. An outstanding arrest warrant is one in which the police have not been able to locate the individual.

As you can see, there are similarities and differences between the various types of Florida warrants. One thing they all have in common is the embarrassment that can accompany a public arrest or search. Trust us, it is no fun. Because court documents list your home and work addresses (in addition to other personal information), it is pretty easy for the police to locate you.

The attorneys at Finnenbloom & Haenel P.A. can help you with warrant issues.  We have dealt with the Florida police and court system for years and know the best arguments to present to protect your rights. Give us a call today for a free consultation. We look forward to hearing from you soon!

Traditionally, in some states, DUI arrests double during the month of December. Those numbers exacerbate an already frightening problem. The Centers for Disease Control and Prevention say that in 2010, adults drank too much and got behind the wheel about 112 million times, which amounts to almost 300,000 incidents of drinking and driving each day.

And each year, about 16,000 people are killed in alcohol-related crashes. Thankfully, this number is lower than it was a couple of decades ago. However, DUIs are still a glaring concern. Not only do they indicate a significant safety risk, they hit your pocketbook hard and cause other collateral damage such as job loss.

That will quickly ruin a holiday.

Bypass the holiday ticket

So how do you keep a DUI charge at bay? The answer is simple – don’t drive when you drink. But we know the answer is not always that easy. Here are a few additional suggestions that might help.

1. Drink within walking distance to your home. If you can, choose outings that are nearby. Or save your drinking for a neighbor’s gathering. If you don’t have to get into a car, you have no chance of a DUI.
2. Arrive with cab money. You can always go home in a taxi if you accidentally overindulge. Place a wad of cash in your pocket or wallet that you won’t touch until it is time to go home. When you need it, you won’t need to think twice about placing the call.
3. Choose a safe driver. Going out with friends? Have a non-drinker claim driving for the night. To show your appreciation, pay for their meal or buy them a soda or coffee at your location. Swap nights for the next time you go out or attend a party.
4. Pair your alcoholic drinks with water. Have a drink, and then have a glass of water. Each glass of water will help slow your alcohol consumption and prepare you for a safe drive home.
5. Make it a one-and-done night. Have one drink and switch to a non-alcoholic option after that. Plan this in advance. In the holiday season there are always great drink options to consider – non-alcoholic eggnog, spiced cider, and flavored hot chocolate are good choices.
6. Give your keys to a trusted friend. The moment you walk into the party, pass you keys to someone who you trust to keep them from you if you don’t appear able to drive. It’s important to choose the right person for this task.
7. Take it to the next level. If you are concerned about drinking and driving, purchase a portable breathalyzer. It’s one way to determine if you’ve crossed a line before you step foot in your vehicle.
8. Just stay home. Bring the party to you. Offer to host the family gathering. Invite your friends to your place for the night. Just remember to take their keys if they appear to drunk to drive.

Drinking and driving is one time when it’s much better to be safe, not sorry. Simply don’t get behind the wheel. You won’t regret it. However, if you find yourself with a DUI charge, hire a good DUI lawyer quickly to determine your next steps.

Defenses to a DUI in Florida include:

1. Improper Testing: If there are issues with the instrument or the administration of the test involved in determining your BAC level, then this is evidence that is either completely useless or very limited in its effect. And if the prosecution cannot present evidence of a BAC level of .08 or above, then they may not even be able to bring your case to trial.
2. Improper Stop: In order to pull you over for a DUI in the first place, the police officer in your case must have probable cause to do so. If this is lacking, then the officer is going to have a lot of explaining to do!
3. Field Sobriety Testing: Field sobriety tests are unfair to begin with and whether you pass or fail is determined by the police officer. In many DUI scenarios, there will be a videotape that can serve as important evidence. The tape may physical issues you may be dealing with that limit your coordination or unfair testing procedures employed by the officer in your case.
4. Physical Possession: Were you in control of the car? This is an essential element that the prosecution in your case must prove. In those DUI cases in which an accident was involved, this is not a given and the prosecution may have a hard time defeating this defense.
5. Constitutional Concerns: In questioning you about a potential driving under the influence incident, the police cannot violate your constitutional rights. And if they do, then the statements they elicited in the process will be suppressed.  Remember, if key evidence is suppressed then the state may be forced to either lessen the charges against you or drop the case entirely—we have seen both these things happen many times.
6. Accident Report Privilege: Florida has special rules in place that can protect any DUI questioning when an accident is involved. The law demands that the officer clearly indicate when he or she is switching from questions about the accident to questions about your sobriety. Failure to read you your rights means that any statement may be suppressed under the Florida Accident Report Privilege.

The attorneys at Finebloom & Haenel know all of these defenses and more. We understand that being charged with a DUI is an incredibly scary time in your life. We will work hard to get you the best results possible in your case. Give us a call today for a free consultation. We look forward to discussing your case with you and creating the best defense possible.

Search and seizure violations, not your drugs, issues and mistakes with the crime lab analysis and lack of evidence are just a few of the defenses that may be available to you in your drug case. One thing many of your may not be aware of is how most drug charges come about. Rather than a police officer spotting an individual with some type of illegal drug in his hands walking down the street, most individuals are being cited for a completely different offense. For instance, it is not uncommon in Clearwater for an individual to get pulled over for speeding and then the police search the car to find drugs. Unfortunately, the drug discovery is often a much more damaging discovery than the traffic violation. That being said, just because the police may have discovered contraband in your vicinity does not mean you will be convicted of a drug offense.

Here are some of the more common defenses to drug charges in Clearwater:

1. Search and Seizure Violations:The Fourth Amendment can be your best friend in a drug case. That is because this important constitutional amendment serves to protect you from unlawful search and seizure scenarios. Not surprisingly, these are all too common in Florida drug cases.
   
2.  Crime Lab Analysis: In a drug case, the district attorney has to prove that the drugs confiscated from you (or your house or car) are actually illegal drugs. Because of this evidentiary requirement, the crime lab technician will testify to the procedures for testing and the results in most drug cases. A good defense attorney will be sure to have a series of pointed questions aimed at identifying potential issues and mistakes with the analysis.
3. Drugs Belong to Someone Else: Another defense option in Clearwater drug cases has to do with proving that the drugs belonged to someone else. The legal rationale behind this defense is simple—you cannot get convicted of a crime you did not commit.

4. Lack of Evidence: One of the most damaging pieces of evidence against a defendant in a drug case is the actual drugs. The logic then follows that if the prosecution in the case cannot proffer up this important evidence, then it will be one of the most damaging pieces of evidence against the prosecution. The reality is that there is a bit of time between the arrest and the trial and during this time a lot can go wrong with the handling of any evidence.

If you have recently been arrested for a drug crime in Clearwater, get in touch with the attorneys at Finebloom & Haenel P.A. We are very familiar with both misdemeanor and felony drug cases and will work hard to get you the best results possible.

The Bradenton Herald reports that the NTSB wants anyone convicted of a DUI to have an ignition interlock device installed in their car for a given period of time. That’s right, this would include first time offenders as well. Believing that this all-encompassing requirement would prevent close to 7,000 drunken-driving deaths a year, the NTSB characterizes the ignition interlock device as “the best available solution to reducing drunken driving deaths.”

To bring you up to speed, an interlock device requires the driver to blow into it in order to start his or her car. The device also requires the driver to randomly blow into it during their drive to check on his or her sobriety. Each breath into the ignition interlock device is then transmitted to the Florida Department of Motor Vehicles. If the device reads a certain BAC, the car will not start and the results of the negative data will be sent to the Florida DMV.

The unanimous recommendation by the NTSB board came after a recent wave of wrong way freeway accidents, all of which involved a drunk driver. The logic behind the suggestion is simple—limit the ability for a DUI offender to drive drunk and greatly reduce potentially fatal wrong way driving incidents as well as other accidents.

But is requiring the installation of an ignition interlock device for any and all DUI offenders too harsh? Many seem to think so. The Bradenton Herald quotes Sarah Longwell of the American Beverage Institute, “First time drunk drivers with blood alcohol levels that are less than double the legal limit should be treated differently than drivers with higher alcohol levels and repeat offenders. This [law] would eliminate people’s ability to have a glass of wine with dinner or to have a beer at a ballgame and drive home.”

Not only is the ignition interlock device incredibly inconvenient but installation and upkeep get expensive, especially if you are required to have the device for a long period of time. Here’s a look at the costs you will incur if you have to have an ignition interlock device installed on your car:

• $70– installation fee
• $67.50 — monthly monitoring and recalibration
• $100– refundable deposit

We will keep you posted on this important development in Florida DUI news. The attorneys at Finebloom & Haenel know how annoying every punishment attached to a DUI conviction can be, including the ignition interlock device. If you or a loved one has recently been charged with a DUI offense, give us a call today. We will explain the process to you and go over your legal options. We look forward to hearing from you soon.

photo provided by Marcus Taylor

There are pros and cons to every decision, but when facing a DUI, hiring a lawyer is always your best bet. And a great DUI lawyer in Sarasota or Tampa can turn the unknowns of the court system into manageable and understandable milestones. Plus they can help ensure that you receive the least severe consequences possible. But with every good decision comes a few downsides. That’s why we put together this list of pros and cons of hiring a DUI attorney.

PRO’S – REASONS TO HIRE A DUI LAWYER

Pro: A Great Lawyer Understands the Court System

Criminal court, DMV hearings and more: understanding the court system can be difficult. When you have a lawyer by your side, you know what to expect and when. Whether you need help preparing for your arraignment, deciding what plea to enter or understanding the typical procedures followed during a trial, your lawyer can help you understand everything from arrest to sentencing.

Pro: A Great Lawyer Helps Minimize the Damage

Some pretty serious consequences, like loss of driving privileges, fines and even jail time, can accompany a DUI conviction. While the potential punishments can be scary, you have a lot less to worry about when you have an experienced lawyer by your side. Your attorney should be an expert in negotiation and should plead your case before the courts. If this is your first mistake after years of a perfect driving record, your lawyer may be able to persuade the judge to issue a lenient sentence or even reduce the charges. Your DUI is unique and a lawyer can use the circumstances of your case to create the best possible outcome while minimizing the potential damages.

Pro: A Great Lawyer is an Advocate for You

Fighting a DUI can feel like a lonely battle. Family and friends might not understand your mistake. Law enforcement officers might seem like they are only worried about making an arrest, not protecting you. Judges and the court system often feel distant and authoritative. You might feel alone, but you don’t have to. One of the big perks of hiring a lawyer is having your own personal advocate. Your lawyer will fight for your rights, protect you in court and ensure that your needs are best met.

Pro: A Great Lawyer has Years of Experience Fighting DUIs

Experience can make all the difference when it comes to the outcome of your DUI arrest. Experienced attorneys have fought countless cases similar to yours and know how to get the best possible outcome, every time. They know what works and what doesn’t and they will rely on their years of experience to help you avoid common mistakes and pitfalls. You don’t want just any attorney. You want a lawyer that regularly takes on and wins DUI cases in court.

CON’S – REASONS NOT TO HIRE DUI LAWYER

We’ve talked a lot about the benefits of a lawyer, and there are many, but certainly every good thing does come at a price. There are a few cons to hiring a lawyer as well, although these downsides are certainly small when compared with the countless benefits a great attorney can bring.

Con: A Great Lawyer Can Be Expensive

Lawyers aren’t cheap, especially if you want to hire the best. Sure, you could work with the free, court appointed attorney, but these lawyers are often overworked and unable to focus their full attention on your case. They also may not be experienced handling DUI cases like yours. A lawyer might be an investment, but they aren’t an unnecessary expense. Your lawyer may be able to reduce the amount of time you spend in jail, lower your fees and even reduce your charges. Your attorney fees are a small price to pay considering the many benefits.  Plus many attorneys offer payment plans and other options to help you afford the legal counsel you need.

Con: When Finding a Great Lawyer it’s Hard to Know Who to Trust

An internet search on Tampa attorneys will certainly return hundreds of options. How do you know which one to choose? Many people get discouraged by the sheer mass of lawyers available and choose one at random or worse yet, decide not to have a lawyer at all. There are a lot of lawyers out there, but you can find a great one. Look for an attorney that specializes in DUIs. You may have friends or family that can recommend an attorney if you ask around. The best kind of reference is from people who’ve been there. Client testimonials are another valuable tool you can use. Once you narrow your choices look at your selected attorney’s past case results. Are they generally able to reduce the DUI charges or get them dismissed? Look for a lawyer with experience and proven results.

When it comes down to it, there really isn’t ever a reason not to hire an attorney to fight your DUI case. You’ve made a mistake once by drinking and driving; don’t make the mistake of trying to handle your arrest without a lawyer.

Why will you hire a DUI lawyer? Can you think of any other benefits?

The children enrolled in Second Chance Last Opportunity’s programs will be able to choose their own gifts at the organization’s holiday party, which will be held Saturday, December 22. It is the firm’s hope that we can spread the joy of the holidays to these children who need it most.

Clients, friends and employees of the firm can drop off new, unwrapped toys appropriate for children from newborn through age 12 at the firm’s Sarasota office, 200 North Washington Blvd., Sarasota. All toys must be dropped off before Thursday, December 20, 2012.

For more information about how to assist Second Chance Last Opportunity, go to their website at http://www.secondchancelastopportunity.org/.

Two types of theft that are commonly charged in Sarasota are petty theft and grand theft. Here’s a look at what each of these entail:

• Petty Theft: Petty theft in Sarasota occurs when the items taken are valued at $299 or less. Petty theft is often classified as first degree or second degree. Both first and second degree petty theft convictions carry fines and potential jail time. Additionally, those individuals that have previous theft convictions will face enhanced penalties. That’s right, even if you have two second degree petty theft convictions for nominally small items, you will be charged with a third degree felony.

• Grand Theft: If the item was valued at over $299 then you will likely be seeing a grand theft charge against you. There are three degrees of grand theft in Sarasota depending on the value and type of the items taken and/or whether there was additional property damage (or otherwise) that took place during the theft. All three degrees of grand theft carry heavy fines and come with the potential for some serious jail time if you are convicted. In almost every scenario, a conviction for grand theft is a felony.

Whether you are being charged with petty theft or grand theft in Sarasota, the legal ramifications can be devastating. In fact, a theft conviction is one of the first questions an employer will ask a job applicant. There are, of course many viable defenses to a theft charge in Sarasota. These include: consent given by the owner of the item in question, a good faith belief of ownership and intoxication.

Because there is an intent element that must be proven in a theft case in Sarasota, the State of Florida has a hefty task in front of it. Put simply, the prosecution in a theft case must prove beyond a reasonable doubt that you actually intended to steal the item in question. Our firm has seen many examples where there was no intent at all or business scenarios where the case is actually a civil matter rather than a criminal theft.

Acting quick is imperative when it comes to any type of theft charge in Sarasota. This is especially true in those scenarios in which a security tape is available to prove innocence. Get in touch with the attorneys at Finebloom & Haenel P.A. today for a free consultation on your case. We look forward to hearing from you!

Hit and run scenarios can be classified as a misdemeanor or a felony depending on the facts of the case. Of course, if there were other issues at play in causing the accident (i.e. drunk driving, reckless driving or breaking the traffic laws) then a hit and run charge will be in addition to the other charges in your case. In Hillsborough County, here are some things that can happen to you if you are found guilty of a hit and run accident: $500 fine, 6 months of probation, up to 6o days in county jail and 6 points on your driving record.

Here are some helpful tips for what you should do immediately following an accident:

1. Stop: That’s right, stop your car or motorcycle in a safe location and shut your car off. Under Florida law, drivers are required to stay at the scene of an accident when the accident causes damage to property or another individual. With the adrenaline that often accompanies the excitement of an accident; stopping your car will also help you regain some sense of composure.
2. Exchange Information: If you have not been in this situation before, then you have probably seen this all too familiar scene on the side of the road before—drivers exchanging information following an accident. You have an affirmative duty to give your name, address and insurance information to the other driver.
3. Help: When an accident is more (or more appropriately in addition to) to a fender bender and there has been an injury, you should do what you can to help. Call the police and if it is safe, help the other driver to the best of your ability until emergency services arrive at the accident.

Leaving the scene of an accident is not a crime without viable defenses and arguments that can help to lessen the punishments attached to the charge. If you did not know that an accident occurred or there was no personal injury or property damage as a result of the accident, then both of those arguments are reasonable defenses in a hit and run case in Hillsborough County.

With punishments like that, getting in touch with a good lawyer right away is essential. Our law firm has represented many clients charged with a hit and run. If this scenario applies to you, get in touch with the law firm of Finebloom & Haenel P.A. to discuss the detail of your case today.

photo provide by The Culpeper County Sheriff's Office

It’s amazing how quickly a few drinks can turn into a DUI. Maybe you’re young and in college and you made a mistake or you’ve had a perfect driving record for 20 years and slipped up after a night of partying with your girlfriends. Whatever the case, a DUI arrest can make your feel nervous, alone, and unsure of what to do. Don’t worry – this guide will help you get from “now what?” to “I can handle this.”

Getting the help you need is important, but who do you turn to and what do you do? We know a DUI can be intimidating, but it isn’t the end of the world. By taking things one step at a time you can successfully navigate through the court system, minimize the potential consequences and regain your driving privileges. It isn’t going to be easy and it’s going to take time, but you can and will survive your DUI arrest.

Acting quickly and knowing where to turn will help you minimize consequences, avoid common mistakes, and get back to business as usual. It can be difficult to know where to start and what to do, so we’ve prepared a helpful step-by-step guide to lead you through the process. Of course, this advice is merely that – advice. We recommend that you consult with an experienced DUI lawyer in Tampa as soon as possible and that you listen to their advice and counsel closely.

Step 1: Take the Test Because You Know You Have To

If you are suspected of a DUI, odds are you must consent to a test to determine your blood alcohol content (BAC). In most states this isn’t optional and refusing the tests could lead to a loss of your driving privileges even if you weren’t intoxicated at the time. Unless your lawyer tells you otherwise, always agree to take the blood or chemical tests requested by law enforcement at the time of your arrest. Refusing to do so will typically lead to greater consequences than failing the test will.

Step 2: Hire a Great DUI Lawyer

As soon as possible after your arrest, hire a lawyer. Navigating through the criminal court process can be complex and you need a trusted guide by your side. Don’t just hire any lawyer out of the phone book. Look for an attorney with experience handling DUIs and other criminal charges. You’ll want one who has successfully navigated the complex roads of the court system time and time again. They know what road blocks, hazards and problems to watch out for and will help you safely find your way through the course. You want a pro on your side, someone who knows their stuff, and can fight for you. Your top-notch lawyer will help you get the best possible outcome from this DUI.

Step 3: Prepare for Court

You’ll have quite a few important matters to handle in the days immediately following your arrest. First and foremost, hire a lawyer so they can get started working on your case. If you’re in jail, arranging for bail will allow you to easily meet your attorney, minimize the time missed from work and prepare for court.

Your court date will probably be a few weeks, or even months, after your arrest. This will give you time to work with your lawyer, handle the needed paperwork and get ready. Your lawyer will tell you what you need to do, but remember many tasks have time constraints, so get started as soon as possible.

Step 4: Protect Your Driving Privileges

Even for a first DUI offense, losing your driver’s license is a real possibility. Your state will probably file two separate sets of charges: one with the criminal court and one with the state motor vehicle licensing board. Some states require an immediate suspension of driving privileges, whether or not you are found guilty, while others are more lenient. If you want to dispute the loss of your license, you will probably need to file paperwork within a few days of your arrest to set up a hearing.

If you do lose your driving privileges, carefully acquaint yourself with the requirements for getting your license back. In many states you can file for a hardship license after a few months if you need to drive to get work or school. Your lawyer will help you understand your options.

Step 5: Understand the Consequences

Consequences for a DUI vary quite a bit depending on the state you live in, how many times you’ve been convicted and the type of sentencing the judge decides to hand down. Your lawyer may be able to help you plead guilty to less serious charges or minimize your sentencing. Your exact punishment will vary, but some of the potential consequences of a DUI include:

• Loss of Driving Privileges
• Mandatory Alcohol or Drug Treatment Program
• Drivers Education Courses
• Jail Time
• Fines
• Community Service

The potential consequences sound serious and they can be, but don’t worry. An attorney experienced in fighting DUIs will know how to appeal to the courts for the least severe sentence possible. If it’s your first DUI, your attorney can use this to your advantage; people make mistakes. Don’t try to handle your DUI alone. You need someone with experience to ensure that your sentence is fair and as lenient as possible. Many experienced attorneys can help you avoid jail time, pay reduced fines, and negotiate for lower charges on your criminal record.

Next Time Don’t Drink and Drive

Getting arrested isn’t the end of the world, but it can be expensive and lead to some pretty serious consequences. Make a plan before you start drinking so you can safely and legally get home. One way to avoid the problem all together is to enjoy your alcohol in the safety of your own home or if you do go out, choose a designated driver or call a cab. A little planning before you start drinking will ensure that this DUI arrest will be your last.

Do you have any tips for handling a DUI arrest? What part of the process do you find most intimidating?

The two most popular reasons for a judge to issue a bench warrant are: failure to appear and some type of probation violation.

1. Failure to Appear: When a defendant misses a court appearance, the judge in the case has the option to issue a bench warrant. Whether the court date was forgotten or intentionally missed, the individual may also get hit with additional fines and other penalties for missing their court appearance. The more serious the crime necessitating a pretrial appearance, the more likely that a bench warrant will be issued.
2. Probation Violation: As many of you already know, there are countless reasons why an individual is placed on some type of probation. Violating the terms of a probation, no matter how short or limited the probation is, can result in the judge issuing a bench warrant. Courts are usually notified of probation violations by the probation officer in the case.

Bench warrants can be issued for both felony and misdemeanor cases in Florida. Although bench warrants are sometimes referred to as arrest warrants, there are actually some important technical distinctions between a bench warrant and an arrest warrant. To begin, the application for an arrest warrant is started by a police officer rather than a judge. The judge ultimately has to sign off on the arrest warrant (if he or she agrees that there is probable cause) but the reasons behind an arrest warrant versus a bench warrant are much wider in range. Either way, an outstanding bench or arrest warrant is an outstanding headache for everyone involved.

Because court and probation documents will have your address listed (in addition to other personal information), it is usually fairly easy for the police to locate and arrest you. In many instances, a bench warrant can be cleared up and save you the hassle and embarrassment of a formal arrest.

The law firm of Finnenbloom & Haenel P.A. can help resolve any issues you may have with an outstanding bench or arrest warrant. Our lawyers can accompany you to court and explain your situation to the judge. If you are dealing with a bench warrant, give us a call to discuss the options available to you. We represent individuals with outstanding bench warrants and would love to hear from you.

In both Orange and Hillsborough counties, police got creative in tracking down individuals as some arrests occurred in the early morning hours at homes and apartment buildings, when an individual was exiting public transportation and even at a local bar. Of course, once the police arrested their target, they often found additional contraband. Statewide, police seized more than $400,000 in illegal cash proceeds, 30 pounds of cocaine, 900 pounds of marijuana, 6,000 prescription pills and 400 guns.

Commenting specifically on the Hillsborough County Operation Felon Sweep efforts in this operation, Col. Donna Lusczyniskyi made this statement to 10 News: “All of them in our minds are considered dangerous. One, they’ve committed felonies in the past and two, most of them don’t want to go back to jail.” In an effort to bring greater awareness to the campaign to clean up the streets, the Tampa police department allowed cameras to follow them one morning as they followed their own research to catch various local felons.

One of the obstacles the Tampa police mentioned to cameras was the difficulty in not being discovered as they moved from one address to another. Here’s a look at some more numbers from Hillsborough County:

• 30 arrests
• 37 warrants served
• 50 charges

Of course, just because the operation ended does not mean that those individuals with outstanding warrants are in the clear. Especially when it comes to felonies (the most serious category of crime an individual can commit), police will continue to actively search. Even if the individuals apprehended in the sweep are ultimately found innocent of the charges alleged in the warrant, he or she will still face legal consequences for missing their court appearance or other commands issued in the warrant. Additionally, because many of the individuals are repeat offenders, they will likely deal with additional issues attached to their probation.

Operation Felon Sweep has received a considerable amount of press following the release of the numbers. That being said, law enforcement agencies often come together in small and large-scale operations to try to make a dent in specific types of crime. Perhaps it’s working. The statewide crime rate in Florida is at a 40-year low.

Getting charged with a felony offense is a very serious charge. If you have been charged with one, it is in your best interest to speak with a reputable Florida criminal defense attorney. The attorneys at Finebloom & Haenel P.A. can help inform you of the options available to you. Call today for a consultation!

The task force behind Operation Felon Sweep was comprised of 43 sheriffs’ offices working in conjunction with each other. In addition to locating felons with outstanding warrants, the sweep also hoped the combined efforts among offices would serve to enhance law enforcement presence in certain high crime areas, provide additional patrols and resources to combat violent crime and locate contraband many of the felons were suspected of having with them.

Although the actual felony charges that the individuals targeted in the sweep varied, the presence of an outstanding warrant gave the police, in these instances, the authority to immediately arrest the individuals and take him or her in for further questioning.

The arrest is only the beginning. “Once we arrest these individuals, we bring them back here to be interviewed, we’ve solved homicides in the past and other crimes by talking to them. They’re on the streets, they know what’s going on and sometimes they can provide information that is extremely helpful to us.” News 10 quotes, Col. Donna Lusczynski from the Hillsborough County Sheriff’s office.

Felonies are considered the most serious type of crime an individual commit. Some examples of a felony include: murder, rape, kidnapping and sexual abuse. Not all felonies are violent in nature and white collar crimes involving large sums of money can also fall into the felony category. With the serious nature of a felony, many of the individuals picked up in Operation Felon Sweep, if convicted, could face substantial jail time as well as heavy fines, a lengthy probation and other punishments.

Just because the men and women of this sweep were wanted on an outstanding warrant (which will certainly be used against them) and now arrested, does not mean that their chance to fight the charges against them is over. At this point in the process, the individuals arrested will face legal repercussions relating to the warrant but they remain innocent until proven guilty for the crimes listed on the warrant. Because many of the men and women apprehended in the sweep are repeat offenders, they would also face legal consequences for violating any terms of a previous probation.

If you are being charged with a felony offense, it is in your best interest to speak with a reputable Florida criminal defense attorney. The attorneys at Finebloom & Haenel P.A. can evaluate your case and inform you of your options. Get in touch with us today.

So what exactly shows up on a background check? There are roughly twenty different types of information included in a background report, with some background checks being more comprehensive than others. A lot of the information is fairly basic, such as education history, driving records and even your vehicle registration. Some of the more comprehensive reports may also include detailed information about prior employment as well as interviews with neighbors and former or current co-workers.

Both misdemeanors and felonies are also fair game for inclusion in a background report and can be very damaging to an applicant.  Additionally, when it comes to criminal charges, many applications do not even need to run a full-scale background check to find this potentially incriminating information. The question “Have you ever been convicted of a felony?” or something to that effect pops up on initial applications all the time and can limit you as an applicant before ever getting a real chance to show your candidacy.

In Florida, an employer has to prove that there is some relevance to the job an individual is applying for and their criminal conviction (or charge) in order to deny the individual the job. This safeguard is, of course, a beneficial protection for those of you with less-than-perfect records but can nevertheless pose obvious problems.

Here’s some helpful advice to everyone reading this blog post: before you have to submit to a background check, get one of your own to go over. Many individuals have found major inaccuracies (i.e. a false felony conviction) that have caused personal and professional issues they had no idea about. If there are inaccuracies, work with the appropriate agencies to correct the information. Have the information in your background check reflect your actual background! For those of you dealing with criminal charges and other blemishes on your background report, finding out what exactly is on there and how it reads is a powerful first step. It gives you a chance to prepare answers to questions surrounding your history and place your past in the best light for future employers.

Whether you agree with the process or not, knowing the potential for this request should inspire many of you to check your report before an employer does and work to clean up your report when possible. Protect your rights. If you have charges in your record, you should get in touch with an attorney to see if there is any possibility for cleaning up your record. Putting your best foot forward may start with cleaning up what people can learn about your past. Get in touch with the attorneys at Finebloom & Haenel P.A. for a free consultation today!

Make sure to check out our full ANGER MANAGEMENT RESOURCE PAGE as well as utilize this Child Behavior Screener from Healthism.com – it will help you gage where your child is on a few different levels.

Thanks to everyone involved!

Paula Agee, SPHR, for providing her expertise on workplace conflicts. Paula is the HR Services Manager – Outsourcing for Integrity HR, Inc.

Shellee Harrington, RN, MS, NCC – Shellee is Registered Nurse and Certified Mental Health Counselor in Tallahassee, Florida. She blogs at harringtoncreativeconsulting.com and is dedicated to helping families and children through life adjustments.

David Joel Miller – David has worked extensively in the areas of mental health, substance abuse and co-occurring disorders. David writes a blog at counselorssoapbox.com and is working on a book on mental health topics and how to have a happy life.

Brandy Tanner – Brandy write the Happily Blended blog, which comes from her passion of promoting positive thinking. She is a New Hampshire mom of three who says that being a mom is both the most rewarding and challenging job she’s ever had.

Kathryn Sneed – This Christian mom and Air Force wife blogs at Singing Through the Rain, which focuses on her life as a mom to a special needs child. He husband was also recently deployed. She shares her adventures through the lens of a close relationship with God.

Kimberly of She Scribes – This New York mom loves writing and photography, watching movies, and visiting the “Big City” whenever she can. She and her husband have two children and stay active exploring all life can offer.

Dr. Damon Ramsey - Dr. Ramsey is a health technology expert. He has a vendetta against poorly designed health applications and a deep passion for the prevention of disease. The cumulation of his clinical and IT experiences inspired the creation of Healthism.com, an interactive health technology­ company which is dedicated to providing top quality health information to empowered online health consumers.

photo provided by apple_jacks493

Few life events evoke such passion and bitter frustration as when divorcing parents wage custody wars. A couple heated celebrity battles have made the news recently, as case in point. Fear and hurt can easily drive families to anger, but such responses don’t help the situation. Extreme cases can lead to the involvement of a criminal attorney rather than a divorce lawyer – a scary situation for a family.

If you’re in the middle of a custody battle and experiencing deep frustration, just know there’s an alternative to anger. We sought the advice of counseling professionals on the matter. Here’s what they had to say:

Q: What are the top tips you give to your clients about managing anger during a custody battle?

SHELLEE (Registered Nurse and counselor in Tallahassee blogging at Harringtoncreativecounseling.com): Pay attention to what your behavior is doing to your child. This is my #1 piece of advice for parents! It is so easy to get caught up in the heat of battle that parents lose sight of the impact the war is having on their children. This requires you to maintain control of your emotions and act like a responsible adult – and doing that will keep anger from escalating.

Also, during custody disputes it is easy to blow small disagreements over minor childrearing issues into an argument against the other’s fitness to parent at all. Try to maintain some perspective – get help with this from objective sources if necessary.

And don’t forget about self-care. It is vitally important that we take time out to care for ourselves during times of stress. Pay attention to your sleeping and eating patterns. Don’t neglect your friends – and don’t spend all your time with them venting about the battle. Have some healthy fun.

DAVID (Licensed Marriage and Family Therapist who writes at Counselorsoapbox.com): Forget about what your ex did. Concentrate on what you want for your children. No matter how awful the ex was, your children will probably always wish for a good relationship with that other parent. Let them make up their mind about their other parent for themselves or you’ll come out the bad person. If you become angry with the other parent, they still have you hooked in the relationship. The custody proceedings are all about what is best for the children, not about getting even with the other party. Don’t recite a list of things they did wrong but focus on any concerns you have about their parenting skills and what they need to do for it to be healthy for the children to see them.

photo provided by Reuben Stanton

Q: What are some basic techniques to dealing with frustration and anxiety?

SHELLEE: My favorite anxiety-busting technique is meditation. Anxiety is triggered by worries over what the future holds. We feel anxious because we can’t control the future. Meditation allows us to be fully present in this moment. It also does great things to the brain – calming and focusing us from the inside out. As little as 15 minutes a day can produce very beneficial results. I teach a basic meditation technique to all my seriously stressed-out clients and provide a few really good tools to get people started.

DAVID: Learn to not “anger yourself” over the actions of others. You can’t change them but you can change your attitude. Books on anger prevention are better than books on anger management. Read books and talk to positive friends who can calm you down – not ones who help wind your anger up. Consider counseling for yourself.

One deep-breathing exercise that can calm you in an instant is this:

Breath in SLOWLY – hold Breath for a second or two – breath out SLOWLY – hold the “out” a second or two. Repeat several times as needed. The pauses between the breaths and a few seconds of holding the breath can drop your stress level dramatically.

photo provided by apple_jacks493

Q: In what ways does anger cloud your judgment during a custody battle? How does that affect the child during the hearing?

SHELLEE: Anger can cause us to over-estimate the negative qualities of the other parent and forget any positive attributes they possess. It can also cause us to develop tunnel vision so that we lose sight of the cost, doing whatever it takes to win.

Children are often collateral damage during these battles. Divorcing couples lose sight of the fact that children are watching. They forget that they will remain “part of” the other parent. Hearing either one of you criticize or insult the other can really impact a child’s perception. In addition, seeing parents upset and out of control can shake a child’s belief that she is safe and protected. Kids take their emotional cues from the adults around them – if mom can’t handle this, it must be truly horrible!

DAVID: Anger creates so much noise in your head you can’t think straight. If the person you are “angering yourself about” is filling up your head, you don’t have room for any other thoughts. When we talk from anger we tend to exaggerate and make-all-or-nothing statements. Don’t come off as the angry or vindictive parent. Stay calm and you’ll do better.

More than half of all communication is non-verbal. Your children will read your anger before you open your mouth. And if you are angry, they are likely to think you are angry with them and that it is their fault. They may say and do things so people will not be angry rather than tell what really happened or how they really feel.

photo provided by Christopher Cotrell

Q: Do you agree or disagree that anger is part of the natural process of healing/dealing with divorce and custody battles? What is your professional opinion on that?

SHELLEE: Anger is a natural and healthy emotion. It is often a justified reaction to external events. It does not, however, provide justification for bad behavior. Anger should be felt, expressed in healthy and appropriate ways, and allowed to pass. It should not override self-control and rational decision-making.

People often need help in finding appropriate outlets for the strong emotions triggered during divorce. It is so easy to lash out at the ex-spouse or to gripe to the children. This can lead to really damaging behavior. The other main danger is in “stuffing” the anger – pretending that it doesn’t exist. People who do this are likely to find that they have increased sleep issues, mood issues, and food and alcohol problems. It can also “pop-up” in unexpected places like having a low tolerance for frustration at work.

DAVID: It’s normal to grieve the loss of something you hoped and planned for. Ending even the worst marriage will cause grief. You’ll need to grieve not for what was, but for all your hopes and aspirations that will not come true now. Some people will need to go through a period of anger to work through that grief.

You may also experience some anger at yourself for picking a partner who disappointed you. If you have anger, try to use it to bring closure to the relationship. The sooner you stop living in that anger the sooner you can move on. Accept what is true now and resolve to build the best life possible for you and your children even if you have to give up the pleasure of staying mad at that former partner.

Acceptance helps in healing

When adults extend forgiveness and acceptance to each other, they are doing more than protecting themselves from painful situations; they are teaching their children how best to handle disagreements. And when they know there’s a better way to manage anger, children are less likely to fall into that trap themselves.

Special thanks to:

Shellee Harrington, RN, MS, NCC – Shellee is Registered Nurse and Certified Mental Health Counselor in Tallahassee, Florida. She blogs at www.harringtoncreativecounseling.com and is dedicated to helping families and children through life adjustments. Her counseling experiences covers everything from addictions to family crises.

David Joel Miller – David is a Licensed Marriage, Child and Family Therapist and Licensed Professional Clinical Counselor living in Fresno, California, the heart of California’s Central Valley. David has worked extensively in the areas of mental health, substance abuse and co-occurring disorders. David writes a blog at counselorssoapbox.com and is working on a book on mental health topics and how to have a happy life.

photo provided by Mindaugas Danys

Is there anything more embarrassing than when your child throws a major temper tantrum in public? And what about the stress of dealing with an angry child, especially when you feel like a ticking time bomb yourself? Teaching children to manage their frustrations appropriately is a task wrought with difficulties, but it’s incredibly valuable. After all, angry children can grow into angry adults, and that’s a much bigger problem. As top criminal attorneys, we see this everyday.

So what’s a parent to do? We asked three blogging moms how they manage their children’s angry episodes. Here’s their advice:

1.  What methods have worked for you in the past to calm your child when they are angry?

BRANDY (Mom blogger and media specialist at HappilyBlended.com): When my children get angry, I put on some music, usually R&B or dance music, and just start being silly. I take their hands and try to get them to move with me. This usually will turn an angry face into pure laughter because they can’t help but laugh at their not-so-coordinated Mama.

KATHRYN (Military wife and mother of a special needs son, writing at Singingthroughttherain.net): My son is two years old and is Autistic. He has several other disorders, including a speech delay, so he gets angry very often and frustrated when he can’t get across to us what he wants. When he’s angry I usually try to talk to him and figure out where the anger is coming from. What is causing it? What in the situation is making him angry? If I can figure it out then I deal with that. I also calm him down by putting him in time-out. When he was younger, that meant putting him in the crib for a few minutes until he calmed down and then telling him why that behavior was not acceptable. Now that he is older, he sits in his time-out chair for two minutes to cool off. After, I tell him that before he gets angry and frustrated he needs to come to mommy and ask for help.

KIMBERLY (Wife, mom, writer/photographer who shares her journey at She Scribes.com): I have found that removing my child from the situation is the first thing you should do. You need to get them away from the situation that is making them angry so that they have the opportunity to calm down. I may also let the child be alone for a few minutes to calm down before addressing the issue. Having your child take deep breaths can also help to calm them down.

It’s important not to get angry or agitated yourself. You need to be calm when talking to your child about what made them so angry. You also need to address their feelings and validate them before coming up with a way to deal with the situation. Not validating their feelings will only add “fuel to the fire.”

photo provided by Angelina Koh

2.  Do some methods work better depending on the situation?

BRANDY: There are certainly methods that work best if the anger is higher or lower as well as if in public. If they are so angry that nothing can distract them to move on from angry to silly, then I usually try to get them in a separate room or separate the rest of us from them so they can have time to chill out … as long as they are in a place where they can’t throw and break anything or hurt themselves.

KATHRYN: Yes, some things work better than others, depending on the situation. Anger in public is definitely an exception because I can’t always put him in a time-out. Again, I try to figure out the cause of the anger and deal with that first. Also, removing him from the situation if possible, helps too. If it’s anger directed at another person, then I deal with that situation as it arises.

KIMBERLY: Removing the child from the situation is always the first thing I do. If the issue happens in public I would take my child to a less public place (outside, the car, or a restroom) until they calm down. If the problem is directed toward another child I make sure to keep both children apart until a resolution can be made. If it was a matter of miscommunication I try and clear that up immediately.

If a child had a serious anger issue I would seek professional help. Obviously there would be a lot more going on “under the surface” then just a fall-out with a friend or being a sore loser while playing a game. 

photo provided by Pete Eveleigh

3.  Are there some methods that work better for different age groups?

BRANDY: Right now my kids are almost ten, six, and four so there isn’t a huge age gap as of yet. I think all of the methods I mentioned have worked for all of my kids thus far.

KATHYRN: There may be methods that work better for different ages, but I also think it depends on the situation. If you think about it, a cool-off time even works for adults. If you are angry with your child or another person, going into another room and counting to 10 can help you cool off.

KIMBERLY: A time-out or removing the child from the situation works better for younger children. For older children, it depends on the child. With my teens, I’ll tell them to go to their room with no TV, cell phone, or other distractions and just lie on their bed, take deep breaths and calm down. When they are ready to discuss the situation, they can come out of their room and talk it over with my husband or me. I prefer that they not use their cell phones, watch TV or listen to music because I feel that could only perpetuate their angry feelings. A few minutes of silence can help them to calm down and re-evaluate the situation.

Teenagers already have enough “angst” going on. As a parent it’s important not to try and push them too much because it will only make them angrier. I find it better to let my teens come to me when they are ready to talk rather than me nagging them about it.

photo provided by Tracy

4.  What resources do you use for tips on developing anger management skills?

BRANDY: I read sites like Parenting.com and get email digests from Café Mom, Lifetime Moms and such that cover these topics from time to time. Overall, I have found the most support and advice from simply interacting with fellow Mom (and Dad) bloggers within the MomDot.com Forum.

KATHRYN: I prefer to ask other moms or older friends who have “been there, done that.” They are the ones who usually have been the biggest help to me and can give me the best advice.

KIMBERLY: 
I ask friends how they deal with certain situations with their children. If no one had the answer I’m looking for, I might Google it or ask my online friends (other bloggers) how they would deal with the situation. 

The heart of the issue

The bottom line for many kids: expressing anger is difficult, and often requires some separation before most children can speak appropriately about a situation. It’s important that parents don’t over-react to a child’s angry outburst; rather they should give them breathing room and a chance to talk about their frustrations. With the right boundaries, children can handle themselves well.

Special thanks to:

• Brandy Tanner – Brandy write the Happily Blended blog, which comes from her passion of promoting positive thinking. She is a New Hampshire mom of three who says that being a mom is both the most rewarding and challenging job she’s ever had.
• Kathryn Sneed – This Christian mom and Air Force wife blogs at Singing Through the Rain, which focuses on her life as a mom to a special needs child. He husband was also recently deployed. She shares her adventures through the lens of a close relationship with God.
• Kimberly of She Scribes – This New York mom loves writing and photography, watching movies, and visiting the “Big City” whenever she can. She and her husband have two children and stay active exploring all life can offer.

photo provided by Kai Chan Vong

Have you ever been in a meeting at work that included more yelling than calm discussion? Or have you witnessed a co-worker throw an object across the room out of frustration? Maybe you’ve had to hire a criminal defense attorney to fight a case against a boss who was out of line. Anger in the workplace is so common that managers and HR departments are often trained to identify anger issues in employees. (The number of workplace-related shootings over the past decade has been evidence enough of the need to be proactive.) On the flip side, supervisors can also be the problem, taking their frustrations out on their employees and creating a hostile work environment. Either way, workplace anger is costly. In a five-year workplace study out of the University of North Carolina-Chapel Hill, more than half of those surveyed said they were distracted by rude behavior at work and got less done while fuming or worrying about it. This scenario equals reduced productivity, increased use of sick days and leaves, and employee departures.

How Anger Rears Its Ugly Head

Anger at work is evident in a number of ways, although the reason behind the frustration is more nebulous. Situations may include:

Workplace bullying by a supervisor or co-worker Shouting, yelling, and insults among employees Property destruction High anxiety among the workplace team Lashing out (walking out of meetings, slamming doors, etc).

When these events occur, you must take steps to abate the frustration before a problem escalates to the point of needing a defense lawyer. Whether you are facing outbursts from others or experiencing anger yourself, here are some tips for handling anger at work.

Managing Anger Directed At You

photo provided by TIG Photos

If you are the victim of someone’s fury, you need to protect yourself. “It’s a terrible thing for employees to have to deal with anger and inappropriate emotions at work, but it is a significant and real problem for many people,” says Paula Agee of Integrity HR. Agee has written the following advice for clients:

1.  Document accurately. Write down issues that are affecting you and your ability to meet your goals in the workplace. Present them in a diplomatic, practical way. While it is unfortunate if your boss or other associates are jerks, it’s not necessarily illegal unless their particular behaviors become unlawful or harassing. You need to be able to show that the manager’s behavior is negatively impacting the performance of the workplace.

2.  Remain objective and professional. Don’t get emotional when preparing your argument, and don’t get angry. You need to remain professional throughout the exercise and show that while you are looking out to be certain you are getting the respect you deserve, you are also looking out for the betterment of the company as a whole.

3.  Talk to the boss or colleague. He or she may not be aware of the behavior that is causing him or her to be disagreeable. Be courageous – many people are afraid to confront another employee, and justifiably so. Ask for a meeting so that you will have time to discuss without interruptions, and have an agenda with notes prepared so that you won’t get flustered when it comes time to talk.

4.  Watch for signs that are cause for alarm. If at any time you feel that another associate’s anger has escalated to the point that you or anyone else in the organization is in danger, seek help right away from HR or upper management, Agee said. Do not try to handle the situation on your own or wait to see how things play out.

Controlling Your Own Anger

If you find your temper flaring at work, evaluate your thought processes. Try the following:

1.  Ask questions to discover whether your perceptions are accurate. The authors of Resolving Conflicts at Work say that, “without making judgments or fixing blame, ask questions to find out more about what happened, so you can get to the bottom of what triggered your anger.”

2.  Voice your opinion, but be OK with the result. Agee believes it’s a good idea to share your frustrations about a decision or outcome, but you must also acknowledge that the end result may not change. “Be prepared to make your points about why this decision upsets or concerns you, but be sure that these points are valid and that you can defend them,” Agee said. “Then you must be willing to listen to why the decision was made. You must also be willing to accept that the decision stands, and you must be on board with it and support it.”

3.  Practice forgiveness. Experts at the Mayo Clinic say that when you fail to forgive, you can be “swallowed up by your own bitterness or sense of injustice. But if you can forgive someone who angered you, you might both learn from the situation.” Learn to let go and move on.

One final tip: breathe deep, refocus your emotions, think positive, listen to your favorite music, and separate yourself from frustrating situations. Perhaps today’s popular T-shirt slogan, “Keep Calm and Carry On,” couldn’t be more appropriate when it comes to this topic! Thank you to Paula Agee, SPHR, for providing her expertise on workplace conflicts. Paula is the HR Services Manager – Outsourcing for Integrity HR, Inc.

How have you faced anger at work – your own or others? What steps do you take to diffuse tough situations?

Community service assessments are especially common in the case of first or second convictions, or otherwise less serious DUI’s.  Typically, a judge will mandate a certain number of hours be performed in community service by a specified date for the penalty to be considered fulfilled.  Work must be performed by the convicted for this specified number of hours, in service of some project or organization in benefit of the community and general public.  Common tasks include litter pickup, public works improvement and assisting in a public office.  Work is performed without pay or other types of compensation.

Florida law requires that those convicted of their first DUI must complete 50 hours of community service.  Second convictions warrant 100 hours of community service, and so on.  Aggravating factors such as a BAC of .15 or higher also compel higher community service requirements.

Florida law also allows those convicted of DUI to “buyout” of all or portions of their community service requirement.  These provisions provide a rate of $10 for each hour of required community service.  So, an individual with 50 hours of community service could pay a rate of $500 to get out of all community service requirements.  They could pay $250 to get out of half of their requirement, and have only to perform 25 hours of community service.

Community service must be completed in order for the DUI to be considered fully resolved, and we highly discourage those with community service penalties from blowing off their duties.  If the court discovers you have not completed the requirements of your community service, they may order additional penalties.  If you have questions about community service or about DUI’s in Florida, call  Finebloom & Haenel to speak with a DUI attorney specialist: 1-800-FIGHT-IT.

Several attempts to pass texting while driving bans in the Florida legislature, however all have failed.  Recently, Senators Nancy Detert (Republican – Venice) announced that she will introduce yet another bill making texting while driving a nonmoving violation, punishable by a $30 fine.  Senator Detert has made two attempts at previous bans, however both failed to make it through the Florida House.

Frustrated by Florida lawmaker’s failure to enact appropriate and timely legislation, many private companies and public agencies have begun enacting texting while driving bans for their employees.  Employers such as Walt Disney World and Darden Restaurants already have such plans in place, while the Seminole County and Lake County school districts are considering enacting such internal bans.

It appears that a texting ban is immanent, the question is when and what will be the severity of the infraction.  Traffic infractions of any kind can be a serious hassle for any driver, not to mention a significant cost.  If you have been cited for a traffic infraction, the traffic ticket attorneys at Finebloom & Haenel have valuable experience to contribute to your case.  Call today for a free consultation: 1-800-FIGHT-IT.

But law enforcement’s concern with game day impaired driving is supported by statistics.  A University of Toronto study in the New England Journal of Medicine found that there is a average 41% increase in fatalities during and after Super Bowl Sunday broadcasts over the course of 27 years.  While fatigue and inattention may be factors, alcohol is likely the most significant contributing factor to game day driving fatalities.

Similarly, a University of Colorado study in The Quarterly Journal of Economics found a 13% increase in impaired driving arrests associated with college football home games.  Most Universities have enacted policies aimed at preventing drunk driving, however policies can only go so far to curb the game day phenomenon.

Some tips for drinking safely on game day:

-       If you know you will be drinking, plan in advance.  Make arrangements for a designated driver, or plan on calling a cab.

-       If drinking outside during the day, be very aware of your bodily cues.  Drinking in hot weather can be extremely dangerous, so be sure to drink lots of water and stay hydrated.

-       If you plan to host a football viewing party, be sure to provide lots of snacks and non-alcoholic beverages for your guests to stagger their alcoholic drinks with.

-       Consider setting up a season “designated driver” schedule to distribute responsibility among your friends.

If you are arrested on game day on charges of impaired driving, call the DUI attorneys at Finebloom & Haenel.  With years of experience handling cases in Tampa and the surrounding area, our attorneys and staff provide the competent representation and support you need.  Call 1-800-FIGHT-IT.

The two most common types of accommodations are C and D restricted licenses.  The C license is also known as the Business Purposes Only (BPO) license.  Florida Statute 322.271 (1)(c) provides for the C-restricted license, which restricts the driver’s privileges to driving that is necessary only to maintain livelihood.  This can include driving to and from work, driving required in the course of employment, and driving for church or medical purposes.

A D-restricted license is for Employment Purposes Only, and is much more restrictive than a C class license.  Holders of a license with a D restriction are allowed to drive only in connection with their employment or occupation.  They may drive to and from work, or drive as required in the course of their employment.  Any other driving activities are prohibited.

When seeking a hardship license reinstatement, you need to petition the Bureau of Administrative Review, a division of the Department of Motor Vehicles that conducts administrative hearings relating to driving privileges.