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Daytona Beach Criminal Defense Blog

A DUI conviction may come with an ignition interlock device

If you are convicted of driving under the influence in the state of Florida, the judge may order the installation of an ignition interlock device on any vehicle registered in your name. Commonly known as a BAIID, this device is now used throughout the country, but you may not have even heard of it. An example of modern technology, this small but mighty machine is gaining a reputation for keeping first-offense drunk drivers from repeating their crimes.

What happens when you refuse a breath test in Florida?

Most Florida motorists understand how serious DUI offenses can be in the state. It's not hard to understand it since the government spends so much time and energy on public education relating to this exact issue. That's also why many people who have reason to believe a breath test might incriminate them are tempted to refuse the test, at least at first. It's a thought that has probably crossed everyone's mind at one point or another, and if you are pulled over for reasons that have nothing to do with your driving coordination, it might seem like a reasonable thing to do. Unfortunately, there are major consequences to this choice due to the state's implied consent law.

Study shows designated drivers are often not sober

A study of 1,100 bar patrons performed by researchers at the University of Florida showed that 65 percent of purported designated drivers (DD) had no alcohol in their systems. While this is an encouraging statistic, the research, which appeared in the Journal of Studies on Alcohol and Drugs, also showed that more than one-third of those who were supposed to abstain in order to drive their friends home safely had been drinking themselves. Almost half of the DD group had a blood alcohol concentration (BAC) range of between 0.2 and 0.049, indicating their consumption of alcohol had been on the light side. However, 18 percent of the survey participants had a BAC of 0.05 or more-and the legal limit is 0.08.

Will I lose my assets if I file bankruptcy?

Many people avoid filing bankruptcy because they are afraid they will lose everything they own: their home, their car, their household goods, and their retirement accounts.

In reality, most people who file Chapter 7 bankruptcy do not lose anything due to something known as "bankruptcy exceptions."

Do police need a warrant for a breath test?

The U.S. Supreme Court recently ruled that police do not need a warrant to conduct a breath test on drivers suspected of drunk driving. The ruling brought to an end a Florida case in which the law firm of Damore, Delgado, Romanik & Rawlins had challenged the right of police officers to conduct a breath test without a warrant.

Does this ruling that mean that drivers now have to submit to breath tests? Not necessarily.

Alternative sentencing, repeal of cohabitation law pass Florida legislature

It is no longer a crime for unmarried men and women to live together in Florida. This is just one of seven criminal justice bills passed by the Florida legislature in July.

Prior to July 1, it was a second degree misdemeanor for a man and woman to "lewdly and lasciviously" associate and cohabit together. Violators could be jailed for up to 60 days and fined up to $500.

Major fraud scheme raid occurs at fish market in Florida

A fish market in Florida was recently deemed the site of a massive fraud scheme involving food stamps. A raid took place at the market on a Wednesday morning. It occurred after law enforcement had reportedly discovered evidence that tied owners of kiosks at the market to the illegal fraud scheme.

Authorities said individuals would arrive at the fish market, where businesses would let them redeem food stamps for money. According to the police, the businesses were receiving a cut on each transaction. They essentially operated produce and food stands that really did not have any consumer goods for sale. Rather, these stands were allegedly used to exchange food stamps or other types of benefits for money.

Former wrestler and others face violent crime charges

A man who was once a promising high school athlete currently faces criminal charges in Florida after allegedly taking part in an armed home invasion. Police said the incident occurred on a Tuesday. When people face violent crime charges, it is within their right to fight to protect their innocence and otherwise safeguard their interests within the state's criminal justice system.

A charge of home invasion or robbery using a deadly weapon for firearm was filed against the 20-year-old after police received a call about an armed robbery in progress at a residence. Authorities said the man and three other individuals entered the home by the back door. They are accused of having weapons, including a Taser and rifle. They reportedly ordered the occupants to go into various rooms and demanded cash, along with a gun. The suspects got away from the scene with cash totaling $200 as well as a handgun.

Employer denies responsibility for workplace accident

The personal life and the course of the employment of a worker in Florida can change in the blink of an eye. A workplace accident -- often caused by an unsafe work environment -- can jeopardize a worker's ability to take care of his or her family. Although benefits may be claimed through the workers' compensation insurance program, problems may arise if an employer denies that an injury is work-related.

Such was the case when a 46-year-old employee of a metal door manufacturer in Miami suffered a workplace injury in 2009. His employer authorized a visit to a designated health facility where he was diagnosed with shoulder, neck and head contusions. However, both the company and the insurance carrier refused to authorize a request by the physician to carry out medical treatment regarded as necessary, including x-rays, physical therapy and medications.

23 facing drug charges following police operation

A total of 23 people in Florida were recently taken into custody on drug charges involving prescription drugs. The individuals facing drug charges were arrested during a police operation called Script Rip. This operation targeted individuals who were believed to have filled more than 400 fake prescriptions at pharmacies. Police are still seeking another 18 suspects.

The police investigation started in August of last year. That is when drug detectives got information that a woman was giving fake Xanax prescriptions to her associates. The woman served as an assistant in a medical office, where she had total access to a computer, telephone and fax machine.

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