Latest News in Criminal Defense
What Is an Injunction and a Restraining Order in Florida?
In Florida, "injunctions, " " restraining orders, " and "orders for protection" are all used interchangeably.
What to Do if Arrested for Carrying a Concealed Weapon in Florida?
If you’ve been arrested for carrying a concealed weapon in Florida, you could be facing severe penalties. These cases are taken seriously.
Lifting a No Contact Order After an Arrest for Domestic Battery
The purpose of this article is to address lifting the no contact order after a domestic battery arrest.
What to Do if Charged With Reckless Driving in Florida?
If you've been charged with reckless driving in Florida, you could face severe consequences that can have a life-long impact.
Resisting Arrest in Florida: What to Do Next?
Resisting arrest in Florida is a common crime used by the police. If you’ve been charged with resisting arrest, some steps can help save your future.
PharmChek on the Way for Pinellas County DUI Cases?
Courts in Pinellas County are now considering adding the PharmChek method of testing as an alternative to the Continuous Ankle Monitor.
Tips to Avoid Getting a DUI This Labor Day Weekend
Law enforcement will actively look to stop drunk drivers during this DUI weekend, increasing the chances of a DUI arrest for even being slightly over the limit or intoxicated.
Battaglia, Ross, Dicus & McQuaid, P.a. Is Tampa Bay’s Best of the Best 4-Time Winner
Battaglia, Ross, Dicus & McQuaid, P.A. has won Tampa Bay Times' 2022 Best of the Best: People's Choice Award.
How to Save Your Future as a Driver After a DUI Arrest in Florida
After a DUI Arrest your license is not the only thing at risk; your career, criminal record, rights to child custody and reputation could be affected.
Battaglia, Ross, Dicus & McQuaid, P.A. Has 8 Lawyers Recognized by Best Lawyers®
Each attorney has been chosen for professional excellence in the 2023 edition of The Best Lawyers in America® for work in specialized areas.
What To Do After a DUI Blood Test in Florida?
Blood tests require police officers and medical professionals to follow strict procedures, which, if not followed correctly, could see your case thrown out.
Can I Get a DUI in Florida If I’m Not Actually Driving?
Yes, you can still face arrest for a DUI in Florida even if you're not actually driving. Most people do not know that you can arrested and charged with DUI for simply being in the driver's seat while impaired. Many of my clients are shocked when they get arrested for simply being in the vehicle. Some don’t even have the car running. This is called an APC case, or Actual Physical Control. Yes, it counts just the same as if you were driving. We welcome you to contact our Florida DUI defense attorneys today for a free consultation. Can I Be Arrested for a DUI in Florida If I'm Not Driving? Yes, you can get a DUI if you're not actually driving the vehicle. First, let's look at the law: Florida Statute Section 316.193(1) states: “A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state.” Read Related: What Happens During a DUI Traffic Stop in [...]
New Mental Health Court Coming
There will be a new mental health court in the Sixth Judicial circuit that is expected to be running by fall 2022.
Is Marijuana Legal in Florida?
Recreational marijuana is currently illegal in Florida. The use, sale and delivery of cannabis is a criminal offense and can result in prison time.
Are Police Violating Constitutional Rights With Reverse Keyword Search Warrants?
Google is the most popular search engine in the world, with over 90% of the worldwide market share and more than 1 billion monthly users.
DUI with a Child in Car in Florida
DUIs in Florida are already treated with zero tolerance, but the judges come down even harder on those involving children.
Pinellas County ‘Wolf Pack’ Arrests 25 for DUI 4th of July Weekend
Pinellas County law enforcement agencies made 25 arrests for driving under the influence during an overnight “DUI Wolf Pack” operation Saturday night and early Sunday.
4th of July Weekend DUI Wolf Pack in Pinellas County
With the fourth of July weekend approaching, law enforcement will be cracking down. If you are driving on the roads in Pinellas County, please be aware and be safe. If you have any question about whether you are too impaired to drive, please don’t. No one wants you to end up being arrested for a DUI. Drunk driving always becomes a serious issue during the holidays. The holiday festivities can distract people and make them less cautious about staying sober before driving. People are also less diligent about having designated drivers. While everyone understandably wants to imbibe and partake in the holiday festivities, drinking and driving can have dire consequences. DUI statistics over the years allow cops to predict which holidays have an increased risk for drunk driving - and the fourth of July is one of those holidays. As a result, cops will be hyper-vigilant during these holidays - one of which will be this weekend. Many ordinary citizens may have a casual attitude towards drinking and driving, especially over the holidays. However, it's important to remember police officers take these offenses [...]
Felony Leaving the Scene and 3rd DUI Reduced to Misdemeanors
Facts: My client was leaving a McDonald's drive-thru in Clearwater early in the morning. He struck another car as he entered an intersection. The driver of the other car began to yell at him and he drove off. Shortly thereafter, he got into a second accident. He waved to the woman driver to follow him into a neighborhood. The Clearwater Police Department responded and investigated. The driver of the first car claimed that she was injured and went to the hospital. That gave law enforcement probable cause to arrest him for felony leaving the scene of an accident involving injury. They did not charge him with a crime for the second accident because he waved the other driver over and she followed him. He was given a citation for careless driving for that accident. The police also detected the odor of alcohol and began a DUI investigation. My client admitted that he had consumed alcohol the night before. He performed poorly on the field sobriety tests and was also arrested for DUI. He refused the intoxilyzer. The Defense: I instructed my client to [...]
Four Lawyers Have Been Named Florida Legal Elite 2022
The exclusive title is an esteemed honor in the legal community - only the top 1.3% of lawyers in Florida can call themselves "Legal Elite."
How to Keep My License After a DUI in Florida
If you want to keep your license after a DUI in Florida, you only have ten days to act! If you delay any longer, your license will be suspended.
Six Attorneys Recognized as Florida Super Lawyers for 2022
Law firm Battaglia, Ross, Dicus & McQuaid, P.A. is proud to announce that multiple firm lawyers have earned the title of "Florida Super Lawyers."
Are DUI Breath Test Results Always Accurate?
Breathalyzer accuracy is a major talking point in DUI cases. After an arrest, many people ask us, "are breath test results accurate?"
What Happens During a Florida DUI Traffic Stop?
If you are found to be impaired of 'normal faculties' or with a blood-alcohol level of .08 or above, you will face a conviction and severe penalties.
The Pinellas County ‘Wolf Pack’ Strikes Again, 28 Arrested for DUI
Pinellas County law enforcement officers arrested 28 people for drunk driving Saturday night and early Sunday as part of a DUI crackdown over the holiday weekend.
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