If you have never had to go without driving, you probably can’t imagine life without a license. Going to work, to the store, and to the doctor can all be a major challenge. If your license has been suspended, you may not be aware that the hardship license in Florida exists.

A hardship license is a restricted license that is issued by the state, in accordance with statutes or by order of the court, after a driver’s license has been suspended. A few reasons your license may be suspended include DUI, unpaid court fees, backed up child support, or driving without insurance.

While dealing with these issues, it’s possible to apply for a hardship license that allows one to commute to work, school and other pre-determined locations. One must remain compliant because if a law enforcement officer discovers the driver outside of these locations, the temporary license privileges will be immediately revoked. Eligibility is not easy as proof must be submitted that the lack of driving privileges impose a severe hardship on current employment or education enrollment.

How To Apply For A Hardship License in Florida

In order to apply for a hardship license you must first enroll in the Florida 12 Hour ADI (Aggressive Driver Improvement) course. Once enrolled you will receive a verification letter. Next you’ll need to reach out to your clerk of court’s office to get a copy of your driving record. Once you have those two things, you’ll need to properly fill out the Application for Hardship License form and take all three things to your local DMV along with multiple forms of identification – birth certificate, Social Security Card, W-2 form, and two copies of bills that prove your address. Here, you’ll be assigned a hearing officer that will decide if you are eligible for the hardship license.

Once the hardship license is approved, you’ll be able to drive to only the designated locations during the designated times. After you complete the ADI course and your suspension time has expired, you can request a full license reinstatement at the same Florida Bureau of Administrative Review Office.

If you or someone you know currently have a suspended license and are in need of a hardship license, reaching out to an experienced criminal defense attorney can help get your driving record sorted out and your driving privileges back on track.

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.

Anybody who watches tv or movies knows about Miranda rights and reading you your rights. And we have seen the situation where important evidence was thrown out if the police detectives did not properly read them their rights or allow them to visit with an attorney.

This is the Miranda warning:
You have the right to remain silent. What you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided to you by the state.

Now the same rules don’t apply during the pre-arrest, as the police will still be investigating your case so that they can find enough evidence. This is particularly prevalent when it comes to white collar investigations in which your constitutional rights may be violated without your knowledge. That’s why it’s so important to consult with a criminal defense lawyer that specializes in white collar and other crimes committed in Florida specifically, especially if you suspect that you might be under secret investigation.

Pre-Arrest Interrogations
Even though law enforcement officers are aware of your constitutional right to remain silent, they might try and push you for incriminating information. Keep in mind that as your Miranda warning states, “anything you say can and will be used against you in court.”

Also, officers are less likely to try and push you for information when your attorney is present because he will repeat your rights to them. So until you have a lawyer by your side, just state that you’re waiting for your lawyer and that the officers can direct any questions they have to your legal representation.

Police Reports
During an investigation, it’s common for police officers to generate a report based on their meeting with the subject of the investigation. This report may later be used in court as part of the evidence bought forward against you. Now, it’s important to note here that most of the time such reports can be somewhat partial and even untrue. That’s why having a lawyer by your side will be helpful, because they’ll help you against any false information or evidence that’s bought against you so that remedial action can be taken.

Pre-Arranging Bail
If you suspect that you might be arrested in the near future, hiring a lawyer will help you prepare for bail and bond services beforehand. This will save you from unnecessarily spending time behind bars before your case is even heard.

Preparation for Arrest
Retaining the services of a criminal defense attorney before you get arrested will enable you to start working with them to prepare the defense for your case. This includes collecting information and useful witnesses that might be of help.

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.

Refer Spectrum News 6-12-2020. If you thought the protests were not going to affect this area, you were wrong. We had our share of protests.

Fourteen people were arrested after what had been a peaceful protest turned violent, with protesters throwing rocks, bottles and other items at officers. Protesters also ripped the covers off water meters and threw them at officers. There were no injuries and no reports of any damage or looting.

Protests have erupted in the Bay area and nationwide after the May 25 death of George Floyd, a black man who died in Minneapolis after a white police officer pressed his knee into Floyd’s neck for several minutes even as he pleaded for air.

The officer, Derek Chauvin, has been fired and is now charged with murder.
Meanwhile, after weekend unrest in the Bay area, Pinellas County Sheriff Bob Gualtieri, along with St. Pete Police Chief Anthony Holloway and Mayor Rick Kriseman said protests that become violent will not be tolerated.

Sunday night’s protest grew from about 75 people to a crowd of more than 200 in a matter of minutes. Gualtieri said that was when the tone changed and protesters began throwing items at police.

Law enforcement used stingers, similar to flash bangs, to try and disperse the crowd but some protesters continued throwing items.Deputies with shields finally used formations to break up the crowd. Gualtieri said he wanted to convey a message to anyone planning to violently protest:

“Stop. Don’t do it,” he said late Sunday night. “If you come back tomorrow, we’re going to react differently.

“They’re the ones that set the tone and if they want to react in a calm, peaceful, orderly way, and express themselves, great, nobody’s got any issue with that, more power to them, but when they act this way and they act in a violent way we’re going to take care of what we have to take care of and we’re going to protect the officers and the deputies and we’re going to protect the public.”

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.

The Police Department will be cracking down on impaired driving this Memorial Day Weekend.

The department will increase patrols to “combat” drunk and reckless driving.

The enforcement period ends May 26.

As we take time this Memorial Day to honor those who died in service to our country, we remind motorists to make safety the top priority

If your holiday plans include alcohol, please arrange for a safe ride home. Driving impaired is a choice that often has serious and even deadly consequences. State Troopers will be highly visible this weekend, and will have zero tolerance for impaired, reckless and distracted drivers.

As the beaches have reopened, there are currently over 300 law enforcement personnel patrolling the beaches in Pinellas County. They are primarily enforcing social distancing and breaking up groups of more than 10 people. With the pent up demand to get out after staying home for months, we can expect crowed beaches especially in the Clearwater Beach area. Lets home people celebrate safety.

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.

According to US News and World Report May 6, 2020.

Nearly 5,000 Inmates and Detainees Infected With COVID-19
A tally of lab-confirmed cases at U.S. corrections and detention facilities also shows more than 100 COVID-19 deaths among staffers and those behind bars.
THOUSANDS OF PEOPLE have been infected with the coronavirus in prisons, jails and detention centers in the U.S., and at least 103 people confined or working at these facilities have died, a new report says.

Roughly 2.1 million adults are being held in about 5,000 correctional and detention centers across the U.S., and their default conditions – which can include crowded dorms, shared bathrooms, limited medical resources and a continually changing population – make it difficult to prevent the coronavirus from spreading, according to the report from the Centers for Disease Control and Prevention.

As of April 21, 4,893 people detained or incarcerated had been diagnosed with COVID-19, the disease caused by the coronavirus, in 420 prisons and similar facilities across 32 state and territorial health department jurisdictions, the report says. Ten percent of those inmates – 491 people – were hospitalized, and 88 died. There also were 2,778 staff members diagnosed with COVID-19 in these centers; 79 were hospitalized and 15 died.
“Prompt identification of COVID-19 cases and consistent application of prevention measures are critical to protecting incarcerated and detained persons, correctional and detention facility staff members, and the communities to which they return,” the report says.

Five jurisdictions reported no COVID-19 cases in correctional or detention centers, but because not all areas provided data, the findings are almost certainly an undercount and “not representative of the entire United States,” the report notes. Researchers did not identify case counts by state or territory or list the places that did not provide data to the CDC.

Data compiled by The Marshall Project, a criminal justice-focused nonprofit news service shows more than 14,500 people in prison have tested positive for COVID-19, while more than 200 have died.

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.

You probably are only remotely aware of DUI laws unless you or someone close to you have been faced with one. The penalties are ever changing and are very specific to your location. There is a lot of misinformation floating around out there. This is a serious topic, and it is important that you be informed. We have listed below some major falsehoods.

You need to be driving to be arrested for DUI
While it has the word driving attached to its name, you could also get arrested for DUI even if it has been hours since you have driven your car while under the influence. This is called DUI without driving. Anyone who is in physical control of a vehicle could be guilty of DUI.

Police officers could come at your door to arrest you for the DUI you have committed an hour ago and this includes being behind the steering wheel with the engine running. Even if the car is not moving, just that it is active in a place where the public has access to is enough probable cause for you to be arrested.

You can refuse a preliminary breath testing
It is a common DUI myth that one can refuse a preliminary breath testing or any form of sobriety tests a police officer will conduct. Yes, technically you can refuse but, failing to comply on DUI tests means immediate or additional penalties such as revocation of your license.

You are clear if you pass the Breathalyzer test
This well-known DUI myth is not true. A police officer who has an intense belief that you were driving while intoxicated can also perform chemical testing for blood and urine which are arguably better indicators that you were drunk or drugged driving. If your results yield negative then you shall be let go and the certain police officer might have only been mistaken or finding ways to incriminate you for no reason.

Your cooperation could persuade the officer to not arrest you
Performing sobriety tests and being polite to an officer would not mean that he will let you go. Police officers still work under the law and it does not matter how kind you are to them, they will still accomplish their duty if it is necessary.

However, this does not mean that being respectable to the arresting police officers will not do you good. Not forcefully resisting and answering in a civil manner means good character that could be used to lighten your charges in court. The opposite could prove detrimental to your case and other charges could be imposed on to you according to the DUI laws.

Your DUI charges are only mild and it will not really affect you
A first DUI charge, while a misdemeanor, can still affect your life in a remarkable manner. There are jail times of up to six months, fines of $1,000, and intervention programs that you need to face. Apart from that, there is a possibility of your driver’s license being revoked and it is considered to be a hassle to try and retrieve your license back as there are a lot of waiting times involved.

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.

According to the Tampa Bay Times. April 15, 2020. A man arrested on a murder charge Monday had been released from the Orient Road Jail last month under measures to contain the spread of coronavirus, deputies said Tuesday.

It is the only known case of an inmate in the county who went on to commit a new crime after they were approved for release under the precautions, a spokesperson for the Hillsborough County Sheriff’s Office said.

Joseph Edward Williams, 26, was arrested Monday in connection with a March 20 murder in the 8000 block of Ash Avenue, according to the Sheriff’s Office. At about 10:40 p.m. that day, deputies fielded multiple 911 calls reporting gunshots. Responding deputies found a man who had been shot. Authorities took him to Tampa General Hospital, where he later died. In a news release, deputies said they did not believe the shooting was random.

Deputies didn’t release any additional details Tuesday, including the victim’s name.

Williams is charged with second-degree murder, resisting an officer, being felon in possession of a firearm and possession of heroin and drug paraphernalia. His bail has been set at $280,500.

Officials across Florida and the U.S. have tried to shrink jail populations in an effort to prevent the coronavirus from rapidly spreading among inmates and jail staff living and working in packed quarters. On March 19, Hillsborough County Sheriff Chad Chronister released 164 county jail inmates accused of low-level, non-violent crimes. They included a housekeeper charged with cocaine possession, a student facing burglary and petty theft charges and a man picked up on a trespassing offense.

Williams was also released that day. He had been booked into jail on March 13 for possession of less than four grams of heroin, a third degree felony, and possession of drug paraphernalia, a first-degree misdemeanor. He was already eligible for release under a $2,500 bond — meaning he could have walked out after paying $250.

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.

Refer USA Today 3-21-2020. In the name of social distancing, officials in at least two Oklahoma counties have agreed to suspend warrants for suspects in non-violent crimes, including vehicle thefts.

Authorities in Maine have permanently dropped warrants in more than 12,000 cases involving unpaid fines, restitution and other sanctions. Similarly in Minnesota, officials have halted the suspension of drivers licenses for those who fail to make scheduled court appearances.

In each case, officials said, the decisions were driven by a collective desire to reduce social contact and the risk of spreading the highly contagious coronavirus.

The moves also underscore how the pandemic has seeped into the trenches of the every-day American criminal justice system, where judges, prosecutors, defense lawyers and law enforcement officers are taking increasingly uncommon actions to guard against an unfamiliar adversary.

Locking out the virus:Prisons restrict movements as they try to keep coronavirus out
Nina Ginsberg, president of the National Association of Criminal Defense Lawyers, has urged government authorities to use discretion in making law enforcement decisions, especially when weighing possible detention of suspects in densely populated local jails, where outbreaks of disease can spread quickly.

“There are clearly steps to be taken across the board,” Ginsberg said Thursday. “This is spiraling so quickly, we really need to see a broader response.”
Ginsberg said lawyers and bar associations should request that judges require local detention officials disclose the steps that they are taking to protect the populations in their custody.

“We should push the government to be more flexible on everything from whether a summons would suffice in lieu of a (arrest) warrant, where the defendant does not pose a clear danger, to whether a voluntary surrender date can be delayed,” she said. “Anybody who doesn’t need to be detained, shouldn’t be. Once the virus gets into one of these jails, I’m afraid there is no way to stop it from spreading.”

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.

There is a new bill being proposed to address drug sentencing. Florida Senate made moves toward passing a bill that would lessen sentences for first time drug offenders and would also allow for judges to have a little more say in drug-related conviction sentencing on a case-by-case basis.

The proposed bill states that its purpose is “prohibiting the imprisonment for longer than a certain time for persons who possess, purchase, or possess with the intent to purchase less than specified amounts of certain substances; authorizing a court to impose a sentence other than the mandatory minimum term of imprisonment and mandatory fine for a person convicted of trafficking if the court makes certain findings on the record; deleting eligibility requirements relating to a person’s conduct before the person’s wrongful conviction or incarceration, etc.”

The measure is excepted to reduce the state’s 96,000 prison population by 4,800 for a potential savings of $50 million.

The bill would also for those who have been wrongfully behind bars since 2008 “who had a violent felony or more than one nonviolent felony before their wrongful conviction and incarceration” to be considered for compensation based on wrongful incarceration, that would be paid at a rate of $50,000 per year of wrongful incarceration up to a limit of $2 million. Those with violent felonies or multiple nonviolent felonies would not be eligible for this change.

In the past, bills of this nature have note been of interest to the House, however it appears that times are changing. The bill will soon make its way to the House and we will watching it.

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.

We are all aware of the current opioid crisis. Did you ever wonder about the effect that it is having on people while they are driving their cars?

Opioid use may result in dizziness, drowsiness, and sedation, which may impair the requisite psychomotor and cognitive skills necessary for safe driving. In addition, opioid use may also impair concentration and attention, decrease alertness, and increase reaction time.

The negative effects can be exacerbated in persons who are taking other prescription medications or illegal substances. Opioid-abusing drivers clearly represent an unnecessary danger to the public; although the vast majority of patients taking prescription opioids for pain safely drive to work and other activities, a subset may be impaired, but not be aware of or recognize the problem. The majority of pain patients would likely be surprised to learn that the legal systems in most parts of the world, including most states in the United States, do not differentiate between a pain patient taking a prescribed opioid at the right dose and frequency, and an abuser taking an illegal drug. For example, in some parts of the United States, a driver may be initially stopped for a relatively minor offense and, if the officer notices that the driver is wearing a fentanyl patch, charged with driving under the influence of drugs (DUID). The present narrative review attempts to highlight the existing problem, the different legal thresholds for arrest and prosecution for DUID, and the challenge of trying to have zero-tolerance for driving under the influence of a drug used illegally, while at the same time not arresting legitimate patients who are taking pain medication as prescribed. There is a clear and present need for an integrated assessment and addressing of the current confounding situation.

Can you drive while on pain meds?

As a general rule, you can safely drive if you are taking over-the-counter NSAID pain medications (ibuprofen, aspirin, Tylenol, etc.). However, if you are taking these NSAIDs in conjunction with other meds or substances (alcohol or drugs), they may be unsafe.

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.