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Daytona Beach Criminal Defense Blog

2017 Brings Important Changes to the "Stand Your Ground" Law

Florida's self-defense law has changed radically once again. Over the last few decades, Florida has expanded self-defense from an affirmative defense at trial to a statutorily based immunity from criminal and civil liability. Recently, Governor Rick Scott signed SB 128 into law which now requires prosecutors, in a pre-trial proceeding, to prove by "clear and convincing evidence" the accused did not act in self defense.

One injury can lead to multiple remedies.

Many injury claims result in a multitude of potential remedies for the injured person. Most people are fairly familiar with personal injury claims. Many times these claims are covered by insurance or relatively well to do entities/business which self insure.

How can a DUI charge affect my life?

You have the right to party, drink and have fun in Florida. But you do not have the right to drink and drive. Once you are charged with a DUI, you need to be careful with how you handle your situation. You need to take it seriously and start thinking about how to resolve it. 

Although you have yet to go to trial, it helps if you have a clear understanding of how a DUI charge can affect your life. 

The "Prescription Defense" in the State of Florida

Many clients come to us after they are arrested for Unlawful Possession of a Controlled Substance under Florida Statute § 893.13 - i.e. drug possession. Frequently, our clients are charged with a felony, and, with it, the possibility of up to five years in prison, for possession of a prescription drug for which they actually have a prescription! In the State of Florida, if you are arrested for possession of a prescription drug that you or a family member obtained through the use of a lawful prescription, you may have an affirmative defense that bars prosecution.

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.

Damore, Delgado, Romanik & Rawlins Damore, Delgado, Romanik & Rawlins

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