Latest News2022-02-07T13:10:57-05:00
St Petersburg Criminal Defense Attorney
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I have developed a successful practice and premier reputation by being honest with my clients and putting their interests first, which is rare in the criminal defense business. You will always know where you stand with me and I return phone calls or texts promptly. I look forward to helping you throughout this difficult time and thank you in advance for trusting me with this important task.”

~ Sean K. McQuaid

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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.

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 [...]

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 [...]

By |July 1st, 2022|Categories: DUI Driving Under the Influence, In the Press|0 Comments

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 [...]

By |July 1st, 2022|Categories: DUI Driving Under the Influence|0 Comments

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