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.

article by admin findlaw

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.

FindLaw by admin

The penalties and sentences for an assault and/or battery conviction can vary widely depending on the law of the state where the offense was committed, as well as the circumstances of each case.

Punishments can range anywhere from fines to imprisonment, depending on the severity of the offense and the offender’s criminal history. Individuals who are first time-offenders may receive more leniency, while those who have an extensive criminal record or repeated instances of violent conduct may receive stiffer penalties. Without a doubt, should the severity of the assault or battery case rise to the level of an aggravated assault / battery, potential penalties would rise dramatically, because aggravated assault constitutes a felony in all states

In many jurisdictions, assaults and batteries can carry enhanced penalties for certain classes of victims. For example, many states create a more serious offense or increase the punishment for an assault or battery that is committed on a police officer or other type of public servant such as a paramedic, firefighter, teacher, etc. Similarly, laws may carry harsher penalties for assaults or batteries committed against family members or others living with the offender, or such crimes may be prosecuted under domestic abuse or violence laws.

Additionally, states often create different levels or degrees of severity for assault / battery offenses, each with its own range of sentencing. Because sentencing laws vary widely depending on the statutes, the facts of a given case, as well as a variety of other factors, individuals seeking specific information on assault and battery penalties may be best served by contacting a local criminal defense 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.

article from criminal law

The truth is, no matter how smart or well educated you are, the criminal justice system makes it virtually impossible to do a competent job of representing yourself. Each criminal case is unique, and only a specialist who is experienced in assessing the particulars of a case—and in dealing with the many variables that come up in every case—can provide the type of representation that every criminal defendant needs to receive if justice is to be done.

Criminal defense lawyers do much more than simply question witnesses in court. For example, defense lawyers:

• Negotiate “deals” with prosecutors, often arranging for reduced charges and lesser sentences. By contrast, prosecutors may be uncooperative with self-represented defendants.
• Formulate sentencing programs tailored to a client’s specific needs, often helping defendants avoid future brushes with the criminal justice system.
• Help defendants cope with the feelings of fear, embarrassment, reduced self-esteem, and anxiety that criminal charges tend to produce in many people.
• Provide defendants with a reality check—a knowledgeable, objective perspective on their situation and what is likely to happen should their cases go to trial. This perspective is vital for defendants trying to decide whether to accept a prosecutor’s offered plea bargain.
• Are familiar with important legal rules that people representing themselves would find almost impossible to locate on their own, because many criminal law rules are hidden away in court interpretations of federal and state statutes and constitutions. For example, understanding what may constitute an unreasonable search and seizure often requires familiarity with a vast array of state and federal appellate court opinions.
• Are familiar with local court customs and procedures that are not written down anywhere. For example, a defense lawyer may know which prosecutor has the real authority to settle a case and what kinds of arguments are likely to appeal to that prosecutor.
• Understand the possible hidden costs of pleading guilty that a self-repre­sented person might never think about.
• Spend time on a case that a defendant cannot afford to spend. Defendants who can afford to hire a lawyer usually have jobs, and therefore lack the time (and energy) to devote to such time-consuming activities as gathering and examining documents, doing legal research, and talking to witnesses.
• Gather information from prosecution witnesses. Witnesses often fear people accused of crimes and therefore refuse to speak to people representing themselves. Witnesses are more likely to talk to defense attorneys or their investigators.
• Hire and manage investigators. Investigators may be able to believably impeach (contradict) prosecution witnesses who embellish their stories at trial. By contrast, it is far less effective for a defendant to testify that “the prosecution witness told me something different before 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.

article from  admin

DUI, minor in possession of alcohol, open container and public intoxication – are directly referred to as alcohol-related crimes. Driving under the influence of alcohol or other impairing drugs is a crime in all 50 states and the District of Columbia. Whether your state calls it “driving under the influence (DUI),” “driving while intoxicated (DWI),” or some other name, it is a charge that is taken very seriously and punished accordingly. The National Highway Traffic Safety Administration (NHTSA) estimates that roughly 40 percent of all U.S. traffic deaths are alcohol-related to some degree

An arrest for a DUI is a serious offense and should never be taken lightly. Charges for driving under the influence of alcohol or drugs carry very stiff penalties such as large fines, loss of driver’s license, and in some instances jail time.

States and police departments are tightening up their laws concerning DUI charges. It wasn’t long ago that people charged with a DUI often only received minor fines and penalties. Since more people are becoming aware of the seriousness of drinking and driving, legislation has been put into place to dramatically increase the penalties associated with these types of crimes.

Anyway you cut it; it is against the law to drive with a blood alcohol concentration, or BAC, at or beyond a level of 0.08 percent.

There are a number of consequences you will face after being arrested for driving under the influence. First, you will have your driver’s license suspended. You’ll also be required to pay for the cost of a criminal trial, including attorney fees and a very high fine if found guilty. These vary depending on the state you were arrested in and your BAC level, but they average anywhere from $800.00 to an overwhelming $10,000. Depending on the seriousness of the charges, you can receive a long prison sentence.

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 by legal admin

Criminal Law

For most people, familiarity with criminal law comes in fragments — from movies, television, and books. But when we become personally involved in the criminal law system, real-life issues come into focus and the need for information and assistance can arise quickly What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued by prosecutors for violations of criminal statutes.

Criminal Defense Lawyers

A qualified criminal defense attorney is often a crucial advocate for anyone charged with a crime. These attorneys are very familiar with local criminal procedures and laws – some may have even first worked as prosecutors. Most defense lawyers should be able to handle any misdemeanor or low-level crime. But not all lawyers are qualified to handle serious charges. Some courts don’t allow inexperienced attorneys to represent defendants facing capital punishment.

So whether you were arrested for a crime against a person (like assault and battery, rape, or murder), a crime against property (like shoplifting, burglary, or arson), or a drug crime (marijuana possession or cocaine dealing), a criminal defense lawyer can 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.