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Given the rise in boating injuries and fatalities by recreational and commercial boaters, convictions for boating under the influence can have severe consequences.

You could have a criminal record, not simply a fine like a traffic ticket.

Recreational boat operators could have their boating licenses suspended or revoked. Repeat offenders could face higher consequences, as do boaters convicted of BUI while minors were on board, or who gave alcohol or drugs to minors on the watercraft. Your driver’s license may also be affected by a BUI conviction.

Commercial boat operators could lose not only their license, but their livelihood.BUI convictions can also generate monetary fines and affect your boat and car insurance rates. A court or administrative judge may also require people convicted of boating while drunk or under the influence to get alcohol and drug counseling.

A felony conviction could mean you lose your right to vote.

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 U.S. Coast Guard warns that “alcohol is more hazardous on water than on land.” The federal law enforcement agency cautions that BUI regulations exist to prevent and minimize the possibility that an intoxicated person will operate a vessel on the water, reduce the threat of harm to oneself and others, and use criminal and civil laws to discourage operating a boat or watercraft while drunk or under the influence of narcotics. Federal and statute authorities can pull the operator of a boat or other watercraft over, just like on the highway or street if you are suspected of drunk driving. Different factors can affect a boat operator’s physical and mental abilities while on the water. These include heat, sun, noise, wind, glare, and the motion of a boat on the water for a long period of time. These factors are often referred to as ‘boater’s fatigue.’ If alcohol and drugs are also involved, one’s ability to safely operate a vessel on the water can be severely affected.

Law enforcement officials may also set up BUI checkpoints on the water, just like roadside DUI checkpoints, to question and check boat operators for Boating Under the Influence (‘BUI’). Some states do not even require ‘probable cause’ before law enforcement officials can board your boat. In Delaware, they can just do it.

Will address more Boating Laws in next blog posting……..

An experienced lawyer knowledgeable about defending DUI and BUI cases can help you know your rights and legal defenses to charges of boating while drunk.

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.

 artictle from Findlaw by admin

                                  Summer Time……. Boats On The Water

States have drunk driving laws that were enacted to help keep drivers, passengers, and the community safe. But did you know that every state and the federal government have laws against Boating Under the Influence (‘BUI’) that allow law enforcement officials to stop boats and other watercraft, and make sure that boat operators and their passengers are safe enough to be allowed on the water?

Being charged with BUI can put your legal freedom at stake, and have serious financial consequences. You could have a criminal record, face jail time, incur heavy monetary fines, and face increased boater and auto insurance rates.

A rise in alcohol and drug-related boating injuries and fatalities prompted state legislatures to enact BUI laws. Over half of all boating accidents involve alcohol or drugs, and alcohol is the leading contributing factor in fatal boating accidents, according to the Insurance Information Institute. The U.S. Guard reports that BUI incidents increase boating fatalities by approximately thirty-four (34%) percent.

Whether you operate a fishing boat, sailboat, yacht, personal watercraft, or sailboard, you could be charged with BUI. Just like driving under the influence (‘DUI’), legal penalties can range from civil fines and the forfeiture of your boating license, to prison time in criminal cases for causing a death while boating under the influence of alcohol or drugs.

Since boating accidents and injuries rise dramatically when the weather is warmer, it is important to annually review boating safety requirements, and know how boating while intoxicated (‘BWI’) and BUI laws and regulations affect you.

We will discuss more laws on Boating in next blog

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.

NOLO

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DUI Law News

Unfortunately, yes, you can get a DUI even if you weren’t driving the car. A common DUI question is whether a person can be charged or convicted of a DUI even if they were not driving when they were cited for DUI. This typically happens when people are parked in a parking lot getting ready to leave or waiting for somebody. I have seen it happen when people pull off the road because they think they may have had too much to drink and shouldn’t be driving.

The bad news is yes; you can be charged, cited and or arrested for DUI even if you were not driving when the police contacted you. The good news is that it is that it may be difficult for the prosecutor to convict you of DUI if you were not driving when the police contacted you. If you are in this situation, I highly recommend you get an experienced DUI Lawyer to help you. You need a good lawyer because although you have a very good defense to your DUI charge, not every lawyer will understand exactly how to defend this particular issue.

DUI cases that involve people not driving are referred to as Actual Physical Control cases and commonly called “APC cases.” Driving is easy to understand, either you are in your car and your car is in motion or not. On the other hand, actual physical control of a motor vehicle applies when your vehicle is parked. You can be charged with DUI if you are just sitting in your car with engine running trying to stay warm until your ride comes. You can be charged if you have pulled off of the road and shut the car off, but left the keys in the ignition. I have even see prosecutors claim an individual was in actual physical control of their car even though the engine was off and the keys were out of the ignition, sitting on the passenger seat.

DUI prosecutions arise even when the person is not in their car when police arrive. A common scenario I have seen is after a car accident, people leaving their cars and then later, after the police arrive, admitting to the police they were driving. In many cases, the police did not have probable cause to make a DUI arrest until the suspect started offering information to the police and then admitted they had been driving. It is surprising and unfortunate to see people incriminate themselves this way. Again, the good news is that if you have a case like this, you might be able to beat your DUI. You might have a winnable case, but you definitely have a case that should be fought – and fought hard by an attorney who knows how to do it. There are many legal nuances that come into play in these types of cases. Therefore, in these situations, I always recommend you get the assistance of an experienced DUI lawyer.

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.

New Port Richey is a beautiful little community nestled just east of the Gulf of Mexico just an hour north of Clearwater, Florida. There are numerous quaint little restaurants and shops throughout the area. Since its incorporation in 1924, the city is most recognized for its cultural heritage and unique riverfront landscape. The Pithlachascotee River runs through the heart of the city.

It is an excellent tourist destination. There are boats to be rented. There is a gambling boat that leaves from a nearby location. There is a wonderful dinner theatre group just a few miles up the road.

Rich in history, New Port Richey frequently comes alive with festivals and special events. For instance, the 11-day Chasco Fiesta, held along the riverbanks, celebrates Native American heritage with a pow-wow, floats, a boat parade and more.

People who live in or visit New Port Richey are just like people everywhere, and they may occasionally need to consult with a criminal defense attorney for traffic violations or other complications. Alexander Truluck focuses his practice as a criminal defense attorney, and has an office in the New Port Richey area.

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

article Information from FindLaw

In what circumstances do the police need a warrant to make an arrest?

If the police have “probable cause,” a reasonable belief that a person has committed a crime, it is unnecessary to obtain a warrant before making an arrest. However, the police must obtain a warrant when arresting a person in their home if it is for a non-serious offense and there is not a reasonable belief that the person will destroy evidence or harm the public. The arrest warrant must establish that a crime was committed, that the person named on the warrant committed the crime, and the warrant must comply with the rules of the court.

Do I have to answer questions if the police stop me while I am walking on the street?

The police can stop a person if they have a good faith belief that the person was involved in a crime. Under the Fifth Amendment right against self-incrimination, a person does not have to answer questions. The law, however, does require people to give their name if requested. This means that if questioned about a crime by the police, a person is not required to respond beyond giving their name.

Do the police have to give a Miranda warning when making an arrest?

No. The police do not need to give the Miranda warnings before making an arrest. To use self-incriminating evidence against a person at trial, however, the police must give Miranda warnings or an equivalent warning before questioning a person. In 1966, the U.S. Supreme Court ruled in Miranda v. Arizona that the police must advise people of their rights before a law enforcement officer questions those in police custody. Custody refers to the deprivation of a person’s freedom of action in a significant way. To use the information the police gather in interrogations at trail, the police must give full warnings. A typical Miranda warning consists of the following:”You have the right to remain silent. Anything 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 an attorney, one will be appointed for you. If you decide to answer questions, you have the right to stop at any time.” If the police fail to give a Miranda warning before questioning a person in custody, the evidence gathered from the interview cannot be used against the person in a trial. If the interrogation leads to the collection of additional evidence, the “fruit of the poisonous tree” doctrine precludes the use of this evidence against the person in a trial. The police questioned and arrested me without giving a Miranda warning.

Will a court dismiss the case?

No. A prosecutor can still bring charges against suspects even if the police failed to give Miranda warnings before conducting police interrogations. While prosecutors cannot use evidence gathered during police interrogations at trial if the defendant was not Mirandized, the prosecutor can use other evidence to secure a conviction.If I agree to police questioning, can I later decide not to answer questions?Yes. Miranda warnings give a person the right to stop a police interrogation at any time even if they already waived the right to remain silent. A person can assert this right by refusing to answer any more questions, requesting to speak with an attorney, or by requesting to remain silent. Once a person asserts Miranda rights, the police must discontinue the interrogation.

What tactics can the police use when questioning a suspect?

The police are prohibited from using physical or psychological coercion when conducting police interrogations. A confession or evidence that results from coercive tactics is inadmissible at trial. The police, for example, may not use torture techniques, threats, drugging, or inhumane treatment during an interrogation. The police, however, can use lying, trickery, and other types of non-coercive methods to obtain a confession from a suspect.

Do the police have the right to take a bodily sample without permission?

According to the U.S. Supreme Court, the Fifth Amendment right against self-incrimination applies to communication and does not prohibit the police from collecting physical bodily evidence. The police can collect evidence like blood and hair samples without permission.

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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A normal DUI

A charge already carries severe penalties, but certain situations can result in enhanced penalties for DUI or DWI that go well beyond the sentences normally imposed after a DUI conviction. The presence of certain aggravating factors in a DUI case can result in enhanced penalties by either increasing the range of potential sentences or by raising the actual charge to a higher level, depending on the state where the DUI prosecution takes place.

What follows are a few examples of situations that could lead to an aggravated DUI charge with enhanced penalties. The factors and potential punishments will vary between states, however, so it’s important for defendants facing DUI charges to look closely at the law of the state that has brought the charges.

Extremely High Blood Alcohol

Concentration States all set a legal limit for blood alcohol concentration (BAC) – usually .08%. The law presumes that anyone who is caught driving with a BAC over the legal limit has committed DUI.When tests reveal that a suspected DUI driver has a BAC that is extremely high (usually two or more times the legal limit, depending on the state), the crime moves into the realm of an aggravated DUI. Also known in this instance as an “extreme DUI,” the offense carries the possibility of greater prison terms and higher fines.

Minors in the Vehicle

The presence of minors in the vehicle at the time of a DUI arrest can also result in an aggravated DUI. States have different age ranges for the minor that will trigger enhanced DUI penalties, though. For example, some states require that the minor in the vehicle be younger than 16, while others set the maximum age for the minor at 12.Some states also increase the penalties for a DUI conviction if the offense occurs in a school zone, regardless of whether children were present in the car.

Multiple DUI Convictions

Courts also will hand down elevated sentences if the driver has had multiple DUI convictions, sometimes even when one or more of the multiple convictions occurred in another state or states. States give harsher punishments to repeat offenders in order to discourage people from driving under the influence of drugs or alcohol after their first DUI conviction.States have different systems for penalizing repeat offenders, so DUI defendants should check their particular state’s law or consult with an experienced DUI attorney for more information.

Suspended or Revoked License

Aggravated DUI charges can also result when a DUI defendant is caught driving on a suspended or revoked license. Penalties for this situation increase because the defendant has shown a blatant disregard for the law by driving on a suspended or revoked license.

Excessive Speed

A state can charge a DUI defendant with excessive speed in addition to DUI. In some states, if a person exceeds the speed limit by a certain amount, it may also result in an aggravated DUI (or DWI) charge. For example, if police measured a DUI defendant driving 30 miles per hour over the posted speed limit, the defendant could face a much higher sentence than they would if they had driven 10 miles per hour over the speed limit.

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.