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What is the legal limit for blood toxicity?

In general, it is illegal for you to drive while you are “impaired” by drugs or alcohol. It should be clear at the outset that prescription drugs are not excluded from this list. Being impaired means that there must be enough of the alcohol or drug in your system to prevent you from thinking clearly and driving safely while on the road. According to many studies, impairment happens to many people well before they consider themselves drunk or stoned.

As for the numbers if you have a blood alcohol content of .08% or higher, that is considered “per se” Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). For those under the legal drinking age of 21, in almost all states you will be considered to be driving under the influence if you have a blood alcohol content great than .01% or .02%, depending on the state you are in.

What methods do police use for detecting drivers under the influence?

In general, police have three different methods of figuring out whether or not a driver is under the influence:

• Observing erratic driving. In general, police officers will pull you over if they notice that you are showing any of the signs of driving under the influence. These signs include swerving, speeding, driving too slowly, failing to stop, failing to yield, and any other indications that signal to the officer that you are driving drunk. In general, if you actually have a good reason for driving the way you were driving, the officer may let you go with only a ticket or a warning. However, officers will be looking to see if your eyes are blurred or if they smell alcohol on your breath.
•  Field Sobriety Tests. If, after stopping you, the police officer has a hunch that you may be driving under the influence, he will most likely get you out of the car in order to do some field sobriety tests. These tests can include walking in a straight line, standing on one leg, or a speech test. The officer will also carefully watch your eyes to look for any pupil dilation. If you fail these tests, the officer will likely ask you to take a chemical test.
•  Chemical Blood Alcohol Level Tests. If you fail a field sobriety test, the police officer will likely take you in to perform a more accurate blood alcohol level test. These tests are normally taken by testing a blood, urine or breath sample. The blood test is very direct and measures the amount of alcohol in your system. The urine and breath tests work off of a mathematical formula to derive your blood alcohol level from the sample. If you test above a .08% blood alcohol level, you will be guilty of a DUI unless you can convince the judge that you were not impaired or being unsafe. Also, many attorneys base their drunk driving defense on challenging the mathematical formula used in the tests.
• Do I have to take a test if the police direct me to do so?  In general, you are allowed to refuse to take a chemical blood alcohol level test, but if you do, you will invoke an “implied consent” law. This will likely result in a suspension of your driver’s license for a period of time, even if you are found not guilty in court. In addition, if your case does go to trial, the prosecutor is free to tell the jury that you refused to take a chemical test, which may look bad for your drunk driving defense.
• Can the police ask me questions after pulling me over but before reading me my rights? It all depends on the circumstances and whether or not you are in the “custody” of the police. During a roadside traffic stop, you are not considered to be in police custody, and therefore the police can ask you questions without reading you your Miranda warning. Once you are in police custody, however, they must read you your rights before asking you any questions. If they don’t, any answers you give may be inadmissible against you in court. To be in custody, you must feel that you are not free to leave a situation.
• Should I get a lawyer if I have been charged with drunk driving? If you are determined to put forth a great drunk driving defense, then it would be very wise to hire a drunk driving attorney.  Attorneys  that are very skilled at challenging medical experts and scientists are in order to put a great defense up for you. It has become very hard to successfully fight a drunk driving charge these days, however. If the police have some evidence against you in the form of a failed chemical test, you have a tough fight in front of you.
• I was stopped at a roadblock and asked to wait to answer some questions. Was this legal?  If the police used some sort of neutral policy for picking out which cars to stop, then it was legal. Police are allowed to single out automobiles at roadblocks if they have a good reason to do so, such as a suspicion that you are driving under the influence.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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First Offense

The penalty for the first offense of driving without a license can vary from state to state. Depending on the law, you may be ticketed and required to appear before a judge. The fine and penalty can be determined based on the judge’s discretion and according to the law. In most cases, the judge will give you a time limit to obtain your driver’s license and show proof of it by your next court date. Some states are harsher than others when it comes to the first offense. If you are pulled over by the police and caught operating a motor vehicle without proper licensing, you can be immediately taken to jail and and your vehicle impounded.

Repeat Offenses

Continuing to drive without a license after the first offense will result in harsher penalties and sentencing. In many instances, your driver’s license will be suspended or revoked. What this means is that when you do decide to go and get a driver’s license, it will already be invalid because of your prior offenses. Some judges may put a time restraint on when you are not allowed to drive. For instance, you can be prohibited from operating a vehicle for 12 months even after you went to get your driver’s license. A revoked license is more permanent than a suspended one.

Other Penalties

Driving without a driver’s license can result in many years of financial burden. Not only are there costly tickets and fines given by the judicial system, but you may also be required to hire a lawyer. A suspended license can be unsuspended once conditions have been met. Suspended licenses are tied to money or time limits. Once the money is paid or the time limit has expired, you can get a new license. There are costs associated with getting a new license. If the license was revoked, you will have to appeal to the court to get it back. Many people aren’t knowledgeable enough to do this without legal representation and you would be better prepared in talking to an Attorney.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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• The vast majority of criminal cases are resolved through a “plea bargain”, usually well before the case reaches trial. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the government and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial.

• Plea bargains are generally encouraged by the court system, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails. What Kind Of Plea Bargain Might Be Made? To illustrate how a “plea bargain” might be reached in a criminal case:

 Suppose Dan is arrested and charged with two counts of aggravated assault/battery, based on his alleged use of a baseball bat in a street fight. A “plea bargain” might be reached in Dan’s case in one of three ways.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as simple assault/battery or even disorderly conduct;

2)) Dan agrees to plead guilty to one charge or “count” of aggravated assault/battery, in exchange for dismissal of the second count;

3) The government’s evidence against Dan is so strong, and the injuries suffered by the assault victim so serious, that Dan agrees to plead guilty to the original charge of aggravated assault/battery, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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Drunk driving laws are not limited to just alcohol impairment in automobiles, while different circumstances and past criminal convictions affect how each DUI defendant is charged. Commercial truck drivers, for example, must adhere to much stricter DUI regulations than those affecting non-commercial motorists. And someone convicted of a third DUI in Florida, for example, faces a minimum two-year driver’s license suspension

Types Of DUI

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If you’ve been arrested for DUI (Driving Under the Influence), DWI (Driving While Intoxicated), or any other drunk driving-related offense, you should seek the legal advice of a DUI lawyer. A good DUI lawyer can help minimize or avoid severe penalties and consequences often associated with DUI. Knowing when to contact or hire a DUI attorney can make the difference between going to jail, losing your license, and getting a non-guilty or reduced plea verdict.

Below is important information you should know concerning why, when, and how to hire a DUI lawyer.

Why You Need a DUI Lawyer:

A DUI arrest is a serious matter. If you’ve been arrested for driving under the influence, there’s a good chance you’ll face jail time, have your license suspended, and/or pay hefty fines – not to mention the potential hardships you may encounter at work, with your future career prospects, and personal relationships. In addition, if someone died as a result of your drunk driving, you will potentially have to deal with severe psychological issues as well. While some legal matters may be handled alone, a DUI arrest warrants the legal advice of a qualified DUI attorney or someone who knows how to handle the intricacies of your DUI case. And not just any criminal defense attorney will do. Because DUI laws are highly centralized and specific, DUI cases are best handled by experienced DUI attorneys or someone with specialized knowledge in this area, including knowledge of traffic laws, motor vehicle laws, and ignition interlock devices, for example.Moreover, a good DUI attorney may challenge certain aspects of your DUI charge based on his or her specialized knowledge of breathalyzers, blood test, and chemical testing procedures.Therefore, you need a good DUI lawyer who can help guide you through the often confusing word of DUI.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Florida law requires you to take a breath, blood, or urine test if you are arrested for a DUI. Florida’s “implied consent” law says that if you are lawfully arrested by an officer who has probable cause to believe that you have been driving under the influence, then you consent to taking a chemical test of your blood, breath or urine for the purpose of determining your blood alcohol content (BAC) or for drugs. Also, you may be asked to take more than one test. If the officer first chooses a breath test, then he or she has the option to make you take an additional test, which you cannot refuse without penalty.

You could be arrested for a DUI even if you are not driving. If you have actual, physical control of the vehicle while under the influence, then that can be enough for an officer to arrest you. Generally, actual, physical control means that the driver is in the car and can make it move. Even if the driver is asleep when the officer arrives on the scene, the potential that he or she could wake up and drive has been enough for a Florida court to decide that the driver had actual physical control

It usually does not help you to refuse to take a blood, breath, or urine test when you are arrested for a DUI. In Florida, the consequences for refusal are milder than those for a DUI, but you could still go to jail if you have refused to take a test more than once.

• If you are convicted of a DUI, then you face hefty fines, jail time, and perhaps installation of an ignition interlock device on your car. Refusing the test does not guarantee that you won’t be convicted – you can still be found guilty of a DUI even if your refusal means that the state does not have proof that your BAC was over.08%, the legal limit for those over 21. In fact, the prosecution can use your refusal against you by arguing that you refused the test because you knew that you were intoxicated and guilty of DUI.

Get Help With Your DUI

If you have been arrested on a DUI charge in Florida or any other state, get help from an experienced DUI attorney. Unlike other traffic related charges, which might be worth fighting without a lawyer, conviction for a DUI has serious consequences – especially if the incident involved injury to people or property, or if it’s your second or subsequent DUI. To avoid or reduce the consequences, your best bet is to find an attorney who is knowledgeable about your state’s laws and about how the system works in your county’s court.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article from  Find Law

In 1966, the United States Supreme Court decision in Miranda v. Arizona ushered in a period of court-imposed restraints on the government’s ability to interrogate suspects it takes into custody. This famous decision focused on Fifth Amendment protections against self-incrimination, but it also spoke to the right to counsel. One of the most important restraints enumerated in the Miranda decision is the prohibition against the government’s interrogation of suspects or witnesses after the suspect has invoked the right to counsel. Here’s what the Miranda warnings generally say:

• You have the right to remain silent.

• Anything you say can be used against you in a court of law.

• You have the right to have an attorney present now and during any future questioning. The right to have counsel present at a custodial interrogation is necessary to protect the Fifth Amendment privilege against self-incrimination. A suspect detained for interrogation must be clearly informed that he has the right to consult with a lawyer and to have the lawyer with him during interrogation.

• If you cannot afford an attorney, one will be appointed to you free of charge if you wish. The Supreme Court found it necessary to mandate notice to defendants about their constitutional right to consult with an attorney. They went one step further and declared that if a defendant is poor, the government must appoint a lawyer to represent him.

The Court further instructed the police that if a suspect says he wants a lawyer, the police must cease any interrogation or questioning until an attorney is present. Further, the police must give the suspect an opportunity to confer with his attorney and to have the attorney present during any subsequent questioning.

Individuals need to remember that they can be arrested without being advised of their Miranda Rights. The Miranda rights do not protect individuals from being arrested, but they help suspects keep from unwittingly incriminating themselves during police questioning.

All the police need to arrest a person is probable cause to believe a suspect has committed a crime. Probable cause is merely an adequate reason based on the facts or events. Police are required to read or give suspects their Miranda warnings only before questioning a suspect. Failing to follow the Miranda rules may cause suspects’ statements to be inadmissible in court; the original arrest may still be perfectly legal and valid.

Police are allowed to ask certain questions without reading the Miranda rights, including the following:

• Name
• Address
• Date of birth
• Social Security number
• Other questions necessary to establishing a person’s identity

Police can also give alcohol and drug tests without Miranda warnings, but individuals being tested may refuse to answer question

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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The US Office on Violence Against Women defines domestic violence as a “pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner”. The definition adds that domestic violence “can happen to anyone regardless of race, age, sexual orientation, religion, or gender”, and can take many forms, including physical abuse, sexual abuse, emotional, economic, and psychological abuse.

Patterns of behavioral character could be by the misuse of power and control by one person over another who are or have been in an intimate relationship. It can occur in mixed gender relationships and same gender relationships and has profound consequences for the lives of children, individuals, families and communities. It may be physical, sexual, emotional and/or psychological. The latter may include intimidation, harassment, damage to property, threats and financial abuse

According to the Merriam-Webster dictionary definition, domestic violence is: “the inflicting of physical injury by one family or household member on another; also: a repeated / habitual pattern of such behavior.

The term “intimate partner violence” (IPV) is often used synonymously with domestic abuse/domestic violence. Family violence is a broader definition, often used to include child abuse, elder abuse and other violent acts between family members. Wife abuse, wife beating, and battering are descriptive terms that have lost popularity recently for at least two reasons:

Definitions

• There is acknowledgment that many victims are not actually married to the abuser, but rather cohabiting or in other arrangements.
• Abuse can take other forms than physical abuse. Other forms of abuse may be constantly occurring, while physical abuse happens occasionally.
• Males as well as females are victims of domestic violence.

Physical abuse is abuse involving contact intended to cause feelings of intimidation, pain, injury, or other physical suffering or bodily harm.

Physical abuse includes hitting, slapping, punching, choking, pushing, burning and other types of contact that result in physical injury to the victim. Physical abuse can also include behaviors such as denying the victim of medical care when needed, depriving the victim of sleep or other functions necessary to live, or forcing the victim to engage in drug/alcohol use against his/her will. If a person is suffering from any physical harm then they are experiencing physical abuse. This pain can be experienced on any level. It can also include inflicting physical injury onto other targets, such as children or pets, in order to cause psychological harm to the victim.

If you are a victim of domestic violence please call….

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

article from Global Legal Resources

Criminal violations come in two varieties, Misdemeanors and Felonies. Various types of felonies include murder, attempted murder, manslaughter, aggravated assault (assault with a weapon), rape, sexual assault, arson and robbery, both armed and unarmed. Non-violent felonies include property offenses, drug offenses and white-collar crimes to name a few.

Varying degrees of felony offenses indicate the appropriate punishment. Generally, a felony is any offense punishable by at least one year of incarceration. Degrees of felonies are regulated by Federal and State legislation. A person can be sentenced to death for a felony conviction in states where the death penalty exists.

• Felony Definition
  A felony is a serious crime in the United States and previously other common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person’s land and goods; other crimes were called misdemeanors. Most[which?] common law countries have now abolished the felony/misdemeanor distinction and replaced it with other distinctions such as between summary Offences and indictable Offences. In the United States, where the felony/misdemeanor distinction is still widely applied, the Federal government defines a felony as a crime punishable by death or imprisonment in excess of one year. If punishable by exactly one year or less, it is classified as a misdemeanor.

• The Felony Process in the United States

The Washington Post says more than 1 of every 100 Americans is incarcerated. This is the highest rate of any country. Longer prison terms for drug crimes, and more severe penalties for all types of crimes are partly responsible. States have gotten tougher by changing the classification of offenses from misdemeanors to felonies.

A felony charge is a serious matter that should never be taken lightly. If you have been charged with a felony, it is important to learn what you can about your circumstances and contact an attorney.

This is true for various traffic offenses. Many jurisdictions have added aggravating factors to change misdemeanor driving under the influence charges to felonies. Often first offenders are felony eligible for getting a DUI without having car insurance or having a license suspended for any reason.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

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by Ronald Echer

Property crimes include many common crimes relating to theft or destruction of someone else’s property. They can range from lower level offenses such as shoplifting or vandalism to high level felonies including armed robbery and arson. Some such crimes do not require the offender to make off with stolen goods or even to harm a victim – such as burglary, which only requires unlawful entry with the intent to commit a crime. Others require the actual taking of money or property. Some, such as robbery, require a victim present at the time of the crime. Most property crimes include a spectrum of degrees depending on factors including the amount stolen and use of force or arms in theft related cases, and actual or potential bodily injury in property destruction crimes such as arson. Below you’ll find more information on specific property crimes

Burglary

The crime of burglary has been around for a long time. It originally developed under the common law, but states have incorporated the basic idea of burglary into their penal codes, albeit with some slight modifications.

For instance, under the common law definition of burglary, the crime had to take place in the dwelling house of another at night. Most states have subsequently broadened the definition of burglary to include businesses and illegal entries during the day.

Burglary developed to protect a persons interest in their home and to prevent violence, not to protect against theft. Other laws criminalize the taking of property; burglary is meant to safeguard the sanctity of a persons home and to protect against the possible violence that could arise if someone discovers a burglar in their house.

The definition of burglary arises out of state law, thus it differs depending on the state. Each state has its own burglary statute with slightly different rules. Federal criminal law incorporates the meaning of burglary used by the state that the crime occurred in.

Most states and the Model Penal Code use the same basic definition of burglary, however. In those states, burglary is:

• The unauthorized breaking and entry
• Into a building or occupied structure
• With the intent to commit a crime inside.

Each of those elements must be present in order to convict a defendant accused of burglary, so its important to examine each of them a little more closely.

Breaking and Entry

A burglary involves the burglar breaking into and entering a structure. The breaking-in can occur in two ways: actual and constructive.

Actual breaking involves physical force: picking a lock or kicking a door in, for example. It could even be a very slight use of force, such as pushing open a door thats been left ajar.

Constructive breaking, on the other hand, entails those means of gaining entry that dont use physical force: threats, blackmail or fraud, for example.

However a burglar breaks in to the structure, they must also enter in order to satisfy this element. The entry can be minimal; the burglar doesn’t have to actually walk into a building in order to commit a burglary. Sticking a hand through a window counts as an entry sufficient to support a charge of burglary.

Its also important to note that the entry has to occur without the consent of the person occupying the property.

Intent

In order for a break-in to constitute a burglary, the person breaking in must have the intent to commit a crime inside the building. Usually, this crime is theft, but other crimes can render a break-in a burglary as well. Vandalism, for example.

The crime has to exist separately from the break-in itself. For example, if an individual uses fraud – which is a crime – to gain after-hours entrance to a building to view a piece of art, no burglary has taken place since the only crime that occurred was the fraud used to gain entrance to the building.

The timing of the intent also becomes important when determining the degree of a burglary charge. For instance, if a person intended to commit the crime in question before they broke in to the building, then most states will consider the burglary of the first degree. If the person broke in to the building and only subsequently formed the intent to commit a crime, most states will classify the burglary as second degree.

Many other factors will determine the degree of the burglary, so always check the specific law of the state you’re in and contact a good criminal defense attoreny.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.