Fort Myers Criminal Defense Blog

What you should know about ignition interlock devices

On behalf of Ian F. Mann, P.A. posted in drunk driving on Monday, July 16, 2018.

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

On behalf of Ian F. Mann, P.A. posted in domestic violence on Friday, July 13, 2018.

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

On behalf of Ian F. Mann, P.A. posted in drunk driving on Monday, July 2, 2018.

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.

Dealing with multiple charges in drug offenses

On behalf of Ian F. Mann, P.A. posted in drug crimes on Friday, June 29, 2018.

Those who have been following the local news around Fort Myers might have picked up on an event in which six people were arrested for various drug charges in early June. This is an example of drug arrests resulting in multiple charges for the accused.

Even if it seems there was only one alleged offense involved in a case, the authorities often find a way to level all accusations technically possible against an accused individual. Anyone could be the target of this type of zealous law enforcement behavior, from first-time offenders to those facing enhanced sentencing due to prior convictions. This is complicated when discretionary accusations are involved in the event.

Sharing custody? Create a parenting plan that works.

On behalf of Ian F. Mann, P.A. on Wednesday, June 27, 2018.

Divorce is a difficult and complex process, yet many Florida parents resolve to work together to minimize the negative impact that the end of their marriage can have on the youngest members of the family. Many parents that do this find that shared parenting is a beneficial and workable custody option.

Shared parenting means the children will have regular access and time with both parents. This requires splitting visitation time, and in many cases, parents will also share decision-making authority for their kids. If you are considering shared parenting, you would be wise to remember the importance of a strong and thoughtful parenting plan.

Could people go to jail for a DUI in Florida?

On behalf of Ian F. Mann, P.A. posted in drunk driving on Friday, June 22, 2018.

Driving while intoxicated in Florida could end with you serving out the terms of your sentence in jail. However, you would not know automatically in most cases whether you might face imprisonment. In most cases, your fate would be in the hands of a judge.

Even if a court decision were to assign jail time to you for your alcohol- or drug-related auto crime, there would probably be significant limits placed on the maximum sentence. As is usual with criminal proceedings, each aspect of your incident would have to be examined and argued before you knew. Furthermore, there are many attributes of the initial accusation which would likely cap your sentence.

What you should know about doctor shopping

On behalf of Ian F. Mann, P.A. posted in drug crimes on Wednesday, June 13, 2018.

Opioid addiction remains a serious concern for many people in Florida. The opioids that are contained in prescription drugs like pain relievers can lead people into drug addiction. To satisfy an addiction, people may engage in doctor shopping to acquire more of the prescription drug they are addicted to. Floridians should understand what doctor shopping is and the possible legal ramifications for attempting this activity.

According to Findlaw, doctor shopping is when a person seeks the same prescription from multiple doctors. The goal is to get as much of the prescription as possible, more than what a single doctor would prescribe for a patient. Which contacting different doctors, the person will not disclose prior efforts to acquire the same prescription. Thus a doctor who would otherwise refuse to prescribe the drug will be more likely to grant a prescription.

What you need to know about drug dealing accusations

On behalf of Ian F. Mann, P.A. posted in drug crimes on Friday, June 8, 2018.

Drug dealing is not a technical term for any crime in Florida, but selling or attempting to sell a controlled substance could land an individual in hot water. State law is quite specific on which actions are prohibited.

There are two main categories of drug offenses that might concern someone accused of dealing in narcotics, marijuana or other similar substances. The first category contains possession offenses. The second, more complicated category deals with the distribution of drugs.

Police errors could impact your DUI case

On behalf of Ian F. Mann, P.A. on Tuesday, May 29, 2018.

After getting pulled over by a police officer, you may have had understandable worry that you could find yourself in a serious legal situation. After all, you had consumed a few alcoholic beverages earlier in the evening before getting behind the wheel. Though you did not think your abilities were impaired, you likely know that authorities can view situations differently than drivers.

If police conducted a breath test or had you participate in field sobriety tests and your results were not satisfactory, the officer likely placed you under arrest on charges of DUI. While you may begin to feel a sense of panic, you do not have to resign yourself to a negative outcome. You still have the chance to defend against any allegations brought against you.

Tips for protecting kids in a violent home

On behalf of Ian F. Mann, P.A. posted in domestic violence on Monday, May 28, 2018.

Violence is just plain scary. Whether it happens on a Florida street or in a school setting like the one the world witnessed in Parkland earlier this year, violence can invoke in you an overwhelming fear that is a kind of trauma all on its own.

What happens, though, when brutality moves from sidewalks to sofas and invades your home needlessly? Not unlike shootings on school campuses that endanger young lives, domestic violence imperils the tiniest little ones in some of their most vulnerable years.