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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June 3, 2011

Types of Offenses

Posted By 1 800 FIGHT IT

Hi, I’m Steve Higgins, a criminal defense attorney here in Hillsborough County located in Tampa. I want to talk to you today about the different classifications of crimes or offenses. There is two broad categories, that being misdemeanor and felony. And then with each one of those, they are broken down even further.

With respect to a misdemeanor offense, there is second degree misdemeanor offense, and then a first degree misdemeanor. A second degree misdemeanor carries upward of 60 days in the county jail, and a first degree misdemeanor carries upwards of a year.

On the other side of the board, there’s felony offenses. There’s three classifications, or three grades of felony offenses. The first being a third degree felony, a second degree felony and then a first degree felony. The felony’s carry upwards of five years in Florida State Prison for a third degree felony, 15 years in the Florida State Prison for a second degree felony, and, of course, a first degree felony is punishable by upwards of life.

I strongly advise you to the extent you’ve been charged with any of the offenses, whether it be a misdemeanor offense or a felony offense, give us a call. The phone number is 813-649-8690. Give us a call so that we can evaluate the best way to defend you on any one of these charges that, uh, that you’re currently facing.

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September 7, 2010

Florida Drug Arrests – Two Interesting Stories From Gainesville Involving Marijuana Possession, DUI And Nitrous Oxide

Posted By 1 800 FIGHT IT

There were two interesting stories in the Gainesville paper recently dealing with Florida drug arrests and a DUI with property damage involving nitrous oxide. Both arrests were not your typical run of the mill situations even though DUI and possession of marijuana under 20 grams both seem fairly routine.

In the DUI case the arrestee allegedly told Gainesville police that he had post traumatic stress disorder and was inhaling nitrous oxide to deal with his condition. The 45-year-old Tennessee resident was allegedly inhaling from a can of air spray that is used to blow dust off computer keyboards and it also contains nitrous oxide. While inhaling the spray he reportedly crashed into a parked car that was unoccupied at the time of the accident. Timothy Martin Shields was observed by an off-duty officer inhaling from the can, which Shields denied. He said he did not inhale any of the nitrous oxide until after he ran into the parked car. He was charged with DUI with property damage on top of inhaling a harmful chemical.

The other unrelated case involved two teenagers who were pulled over and police discovered less than 20 grams of marijuana in their possession. That is a misdemeanor but the pair was actually charged with two felonies. The reason is that the pair was traveling to Florida from Ohio and that led to a felony charge of transporting a controlled substance into the state and maintaining a drug vehicle. They also were charged with possession of drug paraphernalia and misdemeanor marijuana possession.

The two nineteen-year-olds were stopped for speeding. Officers asked for permission to search the vehicle but the two men denied that request. After a K9 officer arrived on the scene, the dog alerted police to the presence of drugs in the car. At that point a small amount of marijuana was discovered.

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April 20, 2010

Battery Charges Filed Against 28-Year-Old for Stabbing 16-Year-Old Boyfriend

Posted By 1 800 FIGHT IT

Aggravated Battery And Unlawful Sex With A Minor Charges Filed In Manatee

According to a 16-year-old Manatee boy, 28-year-old Natoshia Mellon was not only breaking the law by having sex with the teenage boy but she also stabbed him. Mellon has been arrested and charged with aggravated battery and unlawful sex with a minor by Manatee County sheriffs. She was ordered held on $7,00 bond. Mellon may also be charged with a probation violation for a previous grand theft conviction.

Mellon has denied the sexual relationship with the boy and says she was the victim of an attack. The woman claims the boy broke into her home holding a knife. According to police her story was not backed up by the evidence they found. She has been prohibited from having any contact with the teenager if she gets out of jail.

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April 19, 2010

Battery Charges In Pinellas Could Be Dropped Against Tampa Bay Buccaneer Aqib Talib

Posted By 1 800 FIGHT IT

The Pinellas County battery charges filed against Tampa Bay Buccaneer Aqib Talib could soon be dismissed if the Buc defender completes a pre-trial intervention program. Usually reserved for non-violent, first-time offenders, Talib has been allowed to enter the program with a warning that if he breaks the law in any way more serious than a Tampa speeding ticket, the prosecution on battery charges will move forward.

Aqib Talib could have his St. Pete battery charges dismissed.

Talib was arrested for striking a cab driver according to the Florida Highway Patrol. He was apparently on his way back to Tampa from a St. Pete nightclub when the altercation took place. Talib had a couple incidents of violence in his past but had never been charged for his altercation at an NFL Rookie Symposium or when he swung his helmet at a teammate and then mistakenly hit another. His battery charges can be dropped upon his successful completion of the program.

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January 20, 2010