When you’re arrested on drug possession charges, knowing the stakes of a conviction can help you fight back and prepare for your Florida case. However, some charges may change, depending on the severity of the situation. As such, your drug possession case could range from a first-degree misdemeanor to a first-degree felony. When is drug…
When you’re arrested for a DUI (driving under the influence) in Florida, you’ll need to fight back to avoid serious consequences. A DUI is a major offense, and you could lose your license for some time, along with receiving heavy fines, possible jail time, and an ignition interlock device. Defending yourself in court can help…
While you’re on the road, it can be tempting to send a quick text that you’re on the way, or to check that notification that buzzed at you a few minutes ago. Unfortunately, if you do choose to check it, you could be in serious trouble. Plenty of Florida drivers have checked their phones behind…
An arrest is already serious and embarrassing. Worse, this arrest might not be your first one, and you have more to worry about than your trial. Instead, you’re now worried about what Florida’s three strikes law is and whether you’re in trouble because of it. If you’re facing charges in Florida, you’ll need help fighting…
If you were arrested in Florida for your first DUI offense, then the initial decision you will face is how to handle the suspension of your driver’s license. Under Florida law, drivers who provide a breath sample of .08 or above are driving with an unlawful blood alcohol level (DUBAL) and will automatically have their…
The City of Wichita’s DUI ordinance prohibiting operation of a vehicle under certain circumstances, when the element of “vehicle” is defined more broadly than the “vehicle” element in the state DUI statute, it cannot be used to elevate a person’s later violation of the State of Kansas DUI statute. So what does that mean for…
The National Academies of Sciences, Engineering, and Medicine is promoting legislation aimed at persuading states to lower the legal limit of alcohol (blood alcohol concentration) in a person’s system from .08 to .05. In an earlier blog, I shared that Utah has already lowered the legal limit to .05. The law is slated to go…
The Kansas Court of Appeals ruled in State v. Robinson that laws criminalizing refusing a preliminary screening device (“PBT”) are unconstitutional. A preliminary screening device or preliminary breath test (PBT) is considered a field sobriety test. The PBT is a hand-held device typically offered to drivers or pedestrians when a law enforcement officer suspects the…
Drinking, Driving & the Holiday Season The holiday season is again upon us which means drinking and driving becomes more prevalent. Each year, I give many presentations and write articles reminding people that the only way to avoid a DUI is to not drink and drive. While many listen, few take my advice seriously. Recently…
As marijuana becomes legal in more states, Government’s across the country are still searching for reliable ways to test for cannabis and its impact on driving. As of March of 2017, seven states and the District of Columbia have all passed laws legalizing marijuana for recreational use. Despite the increasingly legal use of cannabis in…