Teen Drunk Driving – What’s A Parent To Do?

Posted By 1 800 FIGHT IT

In March 2012 Kimberly McCarthy made headlines when she was arrested 3 times in 17 days for DUI. This 18-year-old certainly needs a criminal defense lawyer in Tampa. Her story is a wakeup call to parents everywhere to talk to their teens about the dangers of drinking and driving.

photo provided by Incase

TIPS TO PREVENT TEEN DUI’S

Teenage drinking and driving carries serious consequences that range from legal troubles to potential accidents and even death. DUIs are expensive and can carry long lasting consequences for teenage and other drivers. Teens are just learning to drive and their risk of accidents is already high; adding alcohol to the mix just compounds the problem and results in an accident waiting to happen. Alcohol related accidents take lives, but they can be prevented. Here are some tips to help you encourage your teen to drive responsibly:

Talk to Your Teen – It might seem like your teenager never listens, but you’d be surprised at how much they hear. Talk to your teen about the dangers of teenage drinking. Encourage them to choose other activities and to abstain from alcohol. Talking about the dangers of drinking isn’t enough; talk to your teen specifically about drinking and driving.
Provide Safe Alternatives – In an ideal world teens would never drink, but mistakes do happen and your teen needs a safe way to get home, even if they have been disobeying you. Let your teen know that you are always there to help them get home if they, or their friends, have been drinking. Helping your child get home after a night of drinking doesn’t mean that you condone their behavior and doesn’t mean that you can’t punish your child for their poor choices. Let your teen know that you are happy to pick them up
Know Where Your Teen is Going – When your teenager is heading out for the evening ask them where they will be going and what they will be doing. They may lie, but many teenagers will be open and honest with their parents. Take an interest in your child and in their activities and friends.
Set a Good Example – Many teens learn appropriate alcohol related behavior from their parents. Know your limits. Plan for a designated driver or call a cab when you go out. Set a good example for your child by practicing what you teach.

WHAT TO DO IF YOU FIND YOUR TEEN DRIVES DRUNK

Prevention is easier than picking up the pieces after your teen decides to drink and drive, but unfortunately won’t always keep a problem from happening. If you do find out that your teen has been driving drunk it is important to take action. Don’t ignore the problem. Your teen needs help.

Create Penalties – Drinking and driving should carry consequences for your teenager, whether or not they are caught by law enforcement. If you catch your teen drinking and driving make sure that you create appropriate punishments to help them learn their lesson. Alcohol treatment or education may be needed.
Take the Keys – If you know your teen drinks and drives, take the keys away. Offer to pick them up and drop them off when they go out with friends.
Hire an Experienced Lawyer (If Needed) – If your teen is arrested for drunk driving they will need a lawyer. If you are in the state of Florida feel free to contact our firm. We bring more than 20 years of combined legal experience to each and every case. We are passionate about criminal defense law and will work hard to ensure the best possible outcome for your child’s case.
Love Them Anyway – Kids make mistakes, but that doesn’t mean that they don’t need parental love and support. Help your teen to get the help they need.

Teen drinking and driving is a serious problem. Help your teen to understand the consequences of drinking and driving so that they don’t end up in the same situation as Tampa teen Kimberly McCarthy.

How can parents teach teens about the dangers of drinking and driving? What would you do if you were the parent of Kimberly McCarthy?

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May 8, 2012

YOUR FIRST DUI: WHAT HAPPENS NOW?

Posted By 1 800 FIGHT IT

photo provided by Jeffrey Smith

There’s firsts for everything, but not everyone wants to experience their first DUI arrest. If you happen to see flashing blue and red lights in your rearview mirror and you know that you may be teetering above the legal limit, try not to panic. Navigating through your first DUI isn’t going to be easy, but it isn’t the end of the world. You’ll need a level head and the handful of practical steps to know what to do next.

Here’s a simple guide as to what to do if you’re in that hot seat, brought to you by the team here at Finebloom & Haenel who are seasoned DUI lawyers right here in Tampa, Florida.

The Arrest Through Sentencing – What to Expect

The Arrest – When you were arrested you probably had a chemical BAC (Blood Alcohol Content) test. In Florida having a BAC level above .08% will result in a suspension of at least 6 months. That doesn’t mean you should refuse the test though; a refusal comes with a yearlong suspension.
Find a Lawyer – Start looking for a DUI lawyer as soon as possible. If you don’t already have a lawyer, pick up the phone and contact us. The clock starts ticking from the moment you get arrested and if you want to file an appeal to the suspension for driving over the limit or refusing a blood/chemical test you only have 10 days. It doesn’t matter if you are guilty or innocent, you will still need a lawyer. This person will be your advocate with the court and your guide through the DUI process. An experienced lawyer will fight your conviction, negotiate your charges and secure the least punishment possible. Guilty or not, call us for the representation you need.
Find a Reputable Bail Bond Company – Now that you’ve got a lawyer, it’s time to think about getting out of jail so you can return to work and prepare for your DUI defense. Most reputable bail bond companies will ask for 5-15% non-refundable deposit and collateral to cover the remaining amount.
Request a DMV Hearing to Avoid Suspension – Your license was probably suspended immediately at the time of your arrest, but that doesn’t mean you are doomed to a lifetime without a license. You can appeal the suspension with a DMV hearing.
Head to Court – Many people find that court is the most intimidating part of the DUI process. If you haven’t been to court before you have no idea what to expect or what will happen. Luckily you will have your attorney by your side. They will use the facts as well as any mitigating circumstances (things that may lessen the severity of your charges) to minimize the consequences associated with your DUI, secure alternate sentencing, negotiate and sometimes even get the charges dropped.

Completing Your Punishment

Best case scenario, the charges will be dropped. But that isn’t always a possibility. Let’s take a quick look at the potential outcomes from your court experience. Sentencing varies based on the charges, number of offenses and circumstances involved. Jail time, fines, mandatory alcohol treatment or education, license suspension or any combination of the above are common consequences of a DUI.

Fulfill Treatment/Education Requirements – If you are required to complete alcohol training or education, enroll as soon as possible. You may be required to complete your courses before you are able to get your driver’s license restored.
Request a Hardship License – You may be able to qualify for a Florida hardship license enabling you to get your license back after a DUI suspension sooner. You can file a request for a hardship license to the Administrative Reviews Office of the Florida Department of Highway Safety and Motor Vehicles.
Avoid Future DUIs – A DUI might not be the end of the world, but it is a lot of hassle and expense. Save yourself the trouble in the future by avoiding the risk. Don’t drive after drinking and make a plan for getting home before you head to the bar or a party.

What tips do you have for facing a first time DUI? What part of the DUI process do you find most intimidating?

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April 18, 2012

10 Things to Look For in a Great DUI Lawyer

Posted By 1 800 FIGHT IT

photo provided by Hossam el-Hamalawy

When it comes to the law, you will always want the best representative on your side – especially in the case of a drunk-driving charge. There are many DUI attorneys in Tampa, but not every one can achieve great results for you. A great DUI lawyer should have impeccable credentials and relative experience, but should also be a good fit for your personality.

Here are 10 things to consider as you hire a great DUI lawyer in Tampa:

1. Criminal defense lawyers should have criminal law experience. It’s unlikely that the same lawyer who drew up your will could defend a drunk-driving charge. A great DUI lawyer works on cases like yours every day. That’s who you want to defend you.

2. Your lawyer should explain your options thoroughly. What are the benefits of the plea bargain? Why might you want to go to trial? A good lawyer will examine all aspects of your case. For example, can you assume the breath test rules were followed? It can be expensive to go to trial, but there are consequences to pleading guilty, too. Your lawyer should share this information with you.

3. Courtroom experience is important. The lawyer you choose should have experience defending cases just like yours in court. He or she should know the best strategies. For example, some expert DUI attorneys believe clients shouldn’t be put on the stand because it shifts the jury’s focus from determining reasonable doubt to the determining the defendant’s credibility. Ask about your lawyer’s strategies.

4. Hire locally. If you are facing a charge in Tampa, hire a defense attorney in Tampa. This person will best understand the specifics of the jurisdiction where you have been charged.

5. Your lawyer should not make any guarantees. Period. There is no way to promise you a certain outcome. However, a great DUI lawyer will put his or her best effort into your case. If your lawyer is making lofty guarantees, walk away.

6. Be sure the fee is comparable. If not, you may have reason to be suspicious. A quality lawyer with top experience will charge more than a newcomer, but the fee should be in the ballpark with similar attorneys.

7. A great lawyer isn’t a one-man-show. Meet the other professional staff in your lawyer’s office, such as the administrative team, paralegals, and other lawyers who might work on your case.

8. A good criminal lawyer should make you feel comfortable. If you feel pressured one way or another, this lawyer may not be a good fit for you. A great lawyer will be investigative. He or she will ask questions about your case – not simply tell you what to do.

9. Ask around for references. A great DUI lawyer also has a great reputation. Because a lawyer can’t win every case, you may run into disgruntled clients when asking around. But a great attorney will receive more positive feedback than negative.

10. Look for someone who loves what they do. It will be obvious when you first meet with a prospective lawyer whether they are good at what they do by how they act. If they are short with you, appear not to care, or aren’t listening to your story, they likely won’t work for you. Hire someone with passion for their work.

Remember that defending a DUI charge isn’t simple. You may be tempted to represent yourself, but you are considerably minimizing your options if you do. In this case, what you don’t know will hurt you. A great defense lawyer in the Tampa area can help.

Have you ever had to hire a lawyer to defend a drunk-driving charge? What characteristics did you look for when finding a lawyer?

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April 10, 2012

5 Ways to Have a Perfect Party – Without Driving Drunk

Posted By 1 800 FIGHT IT

photo provided by Great Manchester Police

From Spring Break to Prom to graduation, the current season of fun can be just that – tons of fun. But it can also be trouble. A common offense during one of these occasions is a DUI. If this happens to you in the Tampa area, it’s time to talk with a top criminal defense attorney in Tampa. If you travel for your event, drunk driving poses a serious risk. But you can still enjoy your time and have a few drinks without going overboard. You just need to put to practice a few guidelines.

Ready? Here they are:

1. Don’t drive if you don’t have to. Plan to use a taxi, subway, bus, or other modes of transportation that don’t involve driving. If you are walking, go with a friend. When your group chooses public transportation, everyone can afford to have a few drinks.

2. Designate a driver. If you have to drive, let a non-drinker be your driver. Make sure this is someone you trust to avoid alcohol during the event. Take turns being a designated driver if you and your friends are on vacation together.

3. Keep the drinking at home. Can you stay overnight at the party? If you want to drink while on vacation, consider only drinking in your hotel room. There’s no need to go out if you don’t have to. Invite others to join you or meet at the hotel pool.

4. Know your limits. You can be easily fooled by excessive alcohol consumption at an event – especially if you’ve been drinking on a beach on a hot day or you’ve tried a new cocktail at the party you are attending. If you feel tipsier than normal, hand over the keys.

5. Be a friend. It’s OK to take the keys of someone who’s had too many. Not only do you want them to avoid a DUI, you also want them to be safe on the road. A friend will understand – hide the keys if you have to.

What happens if you are caught? Even your best preparations can have unhappy endings. State drunk driving laws vary. In Florida, you will face license suspension, mandatory education, and even possible vehicle confiscation and an ignition interlock device. If you receive a DUI while in the area, you should contact a criminal lawyer in Tampa who: understands the necessary hearing processes, can effectively explain the penalties you are facing, and has experience with defense DUI defense strategies.

Don’t worry – the highly experienced DUI lawyers at our Tampa law office can help you navigate this process. Don’t assume you can achieve success without help. Better yet, avoid drunk driving altogether and really celebrate! Good luck and have fun!

What are your Spring Break party stories? If you’ve faced a DUI in the past, what were your consequences?

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November 9, 2010

Florida DUI News – Tampa Man Pleads Guilty To DUI Manslaughter Charges Now Awaiting DUI Sentence

Posted By 1 800 FIGHT IT

Florida DUI Penalty

A series of car crashes that led to multiple DUI charges in Tampa including DUI manslaughter against an Army veteran has led to the man pleading guilty after claiming his innocence for more than a year. Randy Archiquette is waiting to be sentenced now on two counts of DUI manslaughter, three counts of DUI with property damage and leaving the scene of numerous accidents.

Archiquette could be looking at life in prison for killing two women in a series of crashes. According to TampaBay.com on April 13, 2009 Archiquette caused five crashes in a 30-minute period while driving his Chevrolet Yukon with a 0.147 blood alcohol level. He was driving near Hillsborough and Florida Avenues when his truck finally flipped ending his rampage. Following the crashes Archiquette learned that 20-year-old Brittany McFarland and 69-year-old Betty Williams were both dead. He steadfastly denied he could have killed the two women. Prosecutors contend that Archiquette was not only drunk but under the influence of prescription drugs as well at the time of the car crashes.

The families who lost loved ones that day will have to wait until February 11 to find out what Archiquette’s Florida DUI sentence will entail. The judge warned Archiquette that he could not change his mind once he pleads guilty and the penalty for DUI manslaughter in Florida could be life in prison. Archiquette acknowledged that he understood that. He has already been in jail for 19 months since his arrest as he was not given bail. The Army veteran spent 12 years serving his country and has two young daughters.

Several family members attended the hearing as did the grandmother of Summer Moll who was severely injured in a DUI crash in which Tammy Rosian also lost her daughter. Rosian connected with families of the victims of this accident on Facebook and came to lend support.

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October 20, 2010

Tampa Drug Trafficking – No Second Trial For Doctor Accused Of Prescription Drug Trafficking

Posted By 1 800 FIGHT IT

Tampa Drug Lawyer

A doctor accused of illegally dispensing prescription drugs will not face a second trial on Florida drug trafficking charges. Dr. John Mubang was tried in Tampa last month and the jury could not reach a verdict in his case. Now the state has decided to not go through with another trial and Mubang will continue to see patients as he has done since his arrest.

One of the reasons Mubang will not stand trial for a second time was the fact that five of the six jurors wanted to find the doctor not guilty. That was according to a quote from the jury foreman to the St. Petersburg Times. Circuit Judge Ronald Ficarrotta was on the bench for the case and declared the mistrial. The Seffner doctor has agreed to enter a pretrial intervention program that will last 9 to 18 months and include community service hours. Following successful completion all drug trafficking charges will be dropped.

The drug trafficking case dates back to 2008. Prosecutors accused Mubang of prescribing undercover officers addictive medication. According to charges, the doctor prescribed enough drugs to warrant trafficking charges. It was also alleged that the physician never examined the undercover detectives, never asked about their medical histories or any other pertinent questions before writing prescriptions for painkillers. The charges led to the first such trial ever in Hillsborough County.

According to Mubang’s criminal defense attorney, there were no sanctions on the doctor’s medical license and he will continue to practice medicine in Seffner. He also emphasized that there was no admission of guilt by his client. Mubang did not comment following the announcement by prosecutors but his attorney said he felt that the resolution was fair for everyone involved in the case. The quote from the jury foreman had a big effect on the prosecution not moving forward with a second trial according to Mubang’s lawyer.

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July 30, 2010

Tampa DUI News – DUI Checkpoint Planned For Temple Terrace On Busch Boulevard

Posted By 1 800 FIGHT IT

Tampa DUI Lawyers

Hillsborough County Sheriff’s announced on their website that there will be a Tampa DUI checkpoint conducted from 12:00 a.m. to 7:00 a.m. tonight looking for drunk drivers in Temple Terrace. The Temple Terrace Police Department will have a Breath Alcohol Testing (BAT) Unit working with them in the parking lot of the Sweetbay grocery store located at 8837 N. 56^th Street.

The checkpoint is a part of the Hillsborough County sheriff’s department’s Operation 3D, which was instituted to raise awareness of drunk driving in Tampa and Hillsborough County. The DUI checkpoint is part of the plan to help the sheriff’s face the problems commonly linked to drinking and driving. Checkpoints are not the only plan of action in Operation 3D. The campaign also involves public service announcements, awareness materials and news releases.

The BAT Unit will provide technical support to the Temple Terrace Police Department. The personnel staffing the BAT Unit are usually specifically trained in breath testing and in using the Intoxilyzer 8000. This machine is designed to measure the alcohol content inside a suspected drunk driver’s lungs. The thought process behind this is that it is assumed the concentration of alcohol in the lung air is correlated with a person’s blood alcohol content (BAC). The results of the Intoxilyzer 8000, while used to make an arrest, are just a rough estimate of your BAC.

The level of presumed impairment in Florida is a 0.08. When fractions of a percentage are involved in these tests, it is questionable as to whether or not that breath test result can be counted on to definitively prove a person was driving while intoxicated. If you are arrested following a breath test it is important you have an experienced DUI lawyer evaluate the case against you. Our Tampa DUI attorneys offer a free consultation so you have nothing to lose by just talking to a lawyer and assessing your options.

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July 12, 2010

Tampa Criminal News – Brawl In Ybor City Leads To Seven Arrests Including Battery And Resisting Arrest

Posted By 1 800 FIGHT IT

Tampa Criminal Lawyers

According to a story on TBO.com, a brawl in Ybor City early Sunday morning led to seven arrests including a woman from Tampa charged with battery. The Tampa Tribune story does not mention what started the fight but it did include one interesting side note that a man who was watching the fight, but not part of the brawl, was arrested for slapping a police horse.

The brawl took place on Seventh Avenue and 18^th Street with the first arrest coming at approximately 2:30 a.m. The first person charged was a Massachusetts woman. The 30-year-old was charged with affray. Another Massachusetts woman was arrested on charges of battery, affray, disorderly conduct and resisting arrest without violence.

The fight, which seemed to be between the two women at the start, drew a crowd and eventually more people got involved and more arrests followed. Two Tampa men and another man from Winter Haven were charged with affray. An 18-year-old man from Port Charlotte was arrested for resisting an officer without violence while standing in the middle of the street. He allegedly refused to move when asked to do so by the police.

The oddest part of the whole story was the arrest of a 23-year-old Bradenton man. The Tampa Tribune is reporting Calvin Esaw was not part of the street fight but he slapped a police horse when mounted units arrived on the scene to help break-up the altercation.

The story did not report what type of battery was charged in the case but typically a simple battery charge could carry a Florida jail sentence of up to one year in county and up to a $1000 fine. If the battery is a felony jail sentences can start out at five years. The main distinction between a misdemeanor battery and a felony battery charge is the amount of harm inflicted on the victim.

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June 22, 2010

Tampa Legal News– Man Pleads Guilty To Criminal Charges Of Second Degree Murder After Shooting

Posted By 1 800 FIGHT IT

criminal charges

A Tampa man facing criminal charges involving a murder and possible drug dealings has plead guilty to second degree murder and received a three year prison sentence. Alexis Rivera Nunez shot and killed Yoandy Cancio who he claims approached him holding a submachine gun according to TBO.com. Prosecutors contended that Nunez shot an unarmed man over stolen drugs.

The shooting took place in 2009 and prosecutors agreed to the plea deal this week. The judge in the case accepted the agreement and sentenced Nunez to three years in prison followed by a probation term of 15 years. Nunez could have been facing a prison sentence ranging from 25 years to life.

Prosecutors felt they needed to come to a plea agreement because their main witness was shot and killed. Julio De La Torre was sitting in his car in Seffner when he was shot and killed. A 23-year-old man named Isaiah Ridley has been charged with that killing. Remaining witnesses in the case had conflicting statements further hampering the case against Nunez.

Nunez’s criminal defense attorney was prepared to argue that the shooting was in self defense had he not accepted the second degree murder charges. Some of the witnesses in the case claim that Nunez believed Cancio stole drugs from him and that Nunez threatened to kill him. While police first reported that both men had guns one witness stated Cancio was unarmed and had his back to Nunez walking away when he was shot in the abdomen after turning back towards Nunez. Nunez’s attorney claimed that Cancio had a Tec-9 semi-automatic pistol with a 32-round clip at the time of the shooting.

According to the story on TBO.com the family of the victim was not in agreement with the three-year prison sentence. None of them showed up in court to her the guilty plea.

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June 8, 2010

Tampa Arrest Warrants Served – Major Operation In Tampa Today Targets 600 Warrants For Arrest

Posted By 1 800 FIGHT IT

Tampa Criminal Lawyer

It is called Operation Summer Slam and the goal in Tampa today was to track down 600 people with warrants for their arrest for anything from failure to appear to traffic violations to felony warrants. The operation was a joint venture by three different law enforcement agencies and was executed today all over Tampa. The Hillsborough County Sheriffs, Temple Terrace Police and Tampa Police joined forces to make 40 arrests before noon.

According to TampaBay.com most of the warrants were for misdemeanors but there were also some felony warrants. According to one officer many of the warrants he was serving stemmed from traffic citations in Sulphur Springs.

The operation was deliberately planned right as county schools let out for summer break. Tampa Police say they often see a spike in criminal activity at this time of the year. The operation was meant to not only track down Tampa residents with outstanding warrants but to also send a strong message.

The problem the law enforcement agencies encountered with trying to serve the arrest warrants in Tampa was that many of the addresses that law enforcement had were no longer valid making it tough to track down the violators. The operation which is scheduled to run through Wednesday night at 11:00 p.m. is not the only area of enforcement that the agencies are ratcheting up. According to the story on-line there will also be increased enforcement of DUI and drug crimes most likely resulting in more drug possession charges and arrests for drunk driving.

There was no further information on the number of arrests made later in the day but with more than 30 hours still remaining, that number could easily top 100. The arrestees are being taken to a holding area at Copeland Park.

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