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Showing posts from May, 2017

To Blow or Not to Blow...

If you have been pulled over for a DUI , failed the field sobriety exercises, and told you are under arrest, the next step is submission to a breath test.  You will be asked if you will submit to a breath test.  You can refuse.  You have to determine if this is the best choice for you in the moment.   If you refuse to submit to a breath test, your driver's license will automatically be suspended for a year in Florida.  If it is your second refusal, the Department will suspend your driver's license for 18 months and the State Attorney's office can charge you with a first-degree misdemeanor just for the refusal.  Driving is considered a privilege in Florida, not a right. DUIs can be proven without a BAC, blood alcohol content level. The statute reads that a person is guilty of driving under the influence if the person: 1) is in actual physical control of a vehicle, AND 2) a) the person is under the influence of alcoholic beverages, any chemical sub...

Think Before You Post

Documenting our lives on social media has become second nature.  When an event occurs, we immediately take a picture and post it to some sort of social media account.  Most people do not consider the legal consequences of what they put on their social media accounts. I recently put a meme on Instagram that read, “Dance like no one is watching; email like it may one day be read aloud in a deposition.”  I would apply this quote to all social media outlets.  If you would not want what you are about to post to be read aloud in a deposition or shown to a jury one day in open court, it is probably best not to post it. The courts have had to rule on privacy issues when it comes to Facebook and other social media outlets.  The trend has been, in federal courts and in Florida, that if you choose to post something on social media, you are waiving your privacy , even if you have your privacy settings set to the most private.  The courts have rationalized that you...