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Fort Myers Legal Issues Blog

Ride-sharing services may impact DUI rates

In recent years, ride-sharing has become increasingly popular in states across the country. Utilizing this service is fairly simple: All one has to do is download an app on their phone and hit a button. Your ride will oftentimes show up in less than five minutes. Ride-sharing services are appealing for multiple reasons. The app is easy to use, the ride is usually cheaper than a taxi and it can be a safer option than walking at night.

What should you include in a parenting plan?

If you and your spouse recently split, it could have been hard on your kids. Though you could not make your marriage work, you still want to be there for your children and be good parents. In order for this to happen, you will have to figure out a parenting plan that will work for you, your ex and most importantly, your kids.

Creating a successful parenting plan can be difficult, but it is important.

3 incriminating effects of social media posts during divorce

People of all ages are known to have social media profiles in today's world. It is not uncommon to share all kinds of personal life events, thoughts, feelings and oftentimes nonsensical information to a sea of online users. However, social media can become a damaging platform when you are going through a divorce.

Divorces often bring out the worst in people, especially when you are displaying your marital split publicly online. Your rants, photos and any defaming behavior is being recorded with every upload and post you submit. You may be causing harm in and outside of the courtroom without ever realizing it.

Escaping from financial abuse

Your financial reputation is important for many reasons, such as when you need to convince Florida financial institutions that you are a trustworthy individual who makes regular debt payments and handles money responsibly. Unfortunately, an abusive partner or spouse can do serious damage to a person’s financial reputation. The consequences can leave someone's good name in tatters and also make it difficult to break free from the abuser.

Nerdwallet points out that domestic abusers may exploit their victims to their own financial advantage. Sometimes an abuser, having bad credit, will use accounts belonging to a spouse, partner, or even a child to continue bad spending habits. Whatever the reason, an abuser can rack up large debt on a credit card owned or co-owned by the victim and leave the victim with the bills. This not only ruins the victim’s credit, but puts the victim on the hook for the debt payments.

Why social media can land you in trouble in a DUI case

Social media allows millions of people to express their thoughts online, but unfortunately, information and images that are posted on the internet can also be viewed by law enforcement. This might pose a problem if someone has been arrested for a Florida DUI incident. Anyone who is in the process of fighting DUI charges should be careful about saying anything about the case online, as social media can be used against a person in court.

Some people may believe that their social media posts are protected from searches by the Fourth Amendment. However, a person may waive these rights, even if unintentionally, by displaying information in a public forum. Some users may try to get around this by restricting their posts to a high privacy setting. However, such restrictions do not always work.

Can you drive after getting arrested for a DUI?

Florida officers would, in all likelihood, confiscate your license if you were arrested for driving while under the influence. However, getting arrested again for driving without a license would probably be the least of your worries at this point. If you were eligible to drive — that is, if there were no reason that your license should be suspended — then the police would issue you several documents, including a notice of suspension and a temporary license.

Temporary is the key word in this case. According to the statutes published by the Florida State Legislature, your temporary license would last only 10 days. During this 10-day period, you would have to act quickly if you wanted to have any chance of avoiding the stress, frustration and ignominy that a suspended license often entails. 

Drug courts and diversion programs

It was 1989 when the first drug court got underway in Miami-Dade County. Since then, according to Florida Courts, "numerous studies have confirmed that drug courts significantly reduce crime, provide better treatment outcomes, and produce better cost benefits than other criminal justice strategies." 

What constitutes drug court? Turning to Florida Courts once again for insight, readers learn this particular form of discipline integrates treatment services for both drugs and alcohol. It also includes drug and alcohol testing to encourage adherence to commitments of abstinence.

What you should know about ignition interlock devices

If you have been charged and convicted with a DUI in Florida, you may have been forced to use an ignition interlock device on your vehicle. According to state statutes, those who are convicted of two DUIs and qualifies for a restricted driver’s license must use an interlock device on their vehicle for at least one year. With three DUI convictions, that number increases to two years. Drivers who were convicted of a DUI while driving with a passenger who is under the age of 18 may be required to use an interlock device for six months.

What are these devices and what should you know about using them? Ignition interlock devices are hooked to the ignition system of the vehicle, with an attached dashboard monitor. Before the vehicle will start, drivers are asked to blow into a tube connected to the device. The machine then measures the amount of alcohol in your breath sample to determine whether you are able to drive. The car will not start if your blood alcohol level content is 0.02 percent or above. Once the vehicle does start, the driver will be required to submit periodic breath samples. If the driver should blow a breath sample that exceeds the set BAC level, the car will slow down and come to a stop.

Five types of restraining orders you can get in Florida

Restraining orders deal with a wide range of violent issues. If you are a victim of violence, you will find there are different types of protection orders in Florida which you may choose from to best fit your situation. A restraining order may not keep an abuser from contacting or hurting you, but it will give you the opportunity to contact the police to report a violation of the order.

There is no such thing as one size fits in regard to restraining orders. Restraining orders, also known as civil injunctions, are divided into five categories in Florida. All of which directly relate to situations victims may find themselves in from abusers.

Consequences for Florida’s repeat DUI offenders

If you live in Florida and are facing a second or subsequent drinking and driving charge, you may have concerns about how your penalties may impact your life. As you might imagine, the penalties associated with drinking and driving increase with each related conviction, and they become increasingly severe, depending on how many you have on your record. Ian F. Mann understands just how much multiple DUI convictions can affect your life and hinder your ability to earn a living, and he has helped many people facing repeat DUI charges defend themselves and attempt to minimize the damage they cause.

According to A Safer Florida, second-time Florida DUI offenders can anticipate having to fork over between $1,000 and $2,000 in fines, though these numbers typically rise if your blood alcohol content was particularly high, or if you had a child in your car when authorities arrested you. You may also face up to nine months behind bars, and if you received your second conviction within five years of your first, you must serve at least 10 days in jail. You will also lose your license for at least 180 days, but if you are facing your second DUI conviction within five years, this period may extend to five years.

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Ian F. Mann, P.A.
1424 Dean Street
Fort Myers, FL 33901

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Phone: 239-935-5935
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