DREAMHOSTERS

A driver who is in command of an auto and has a blood alcohol level above .08 may be arrested under Florida DUI law. Many would presume that a person would need to be driving the vehicle in order to violate the DUI law; however, that is not the case. Florida DUI law only requires the driver to be in actual physical command of the vehicle. Florida courts have construed the requirement of physical control very broadly. There are many circumstances in which a driver could be convicted for drunk driving under Florida DUI law without actually driving the vehicle. Regardless if the accused was driving the vehicle or not the penalties for drunk driving may be the same. Therefore, anyone confronting DUI charges should always seek the help of a Tampa DUI lawyer. A Tampa DUI attorney can advise his client on the law and suggest a legal approach to defend against the charges.

Under Florida DUI law, a person who is sitting in the driver’s seat without the car even turned on can be convicted of DUI. If the keys are in the ignition or even within reach of the driver the judge may determine the driver was in actual physical control of the vehicle, and thus guilty of DUI. For instance, if the car keys are in the driver’s pocket or purse the judge may find the driver was in physical control of the vehicle. However, an experienced Tampa DUI lawyer may advocate on his client’s behalf and try to convince the court that the defendant was not in actual control of the vehicle.

Regardless of the circumstances of the arrest a Tampa DUI lawyer can help. For a free consultation with a Tampa DUI attorney contact Florida Law Group. One of our experienced Tampa DUI lawyers will answer your questions and develop a legal approach to defend your arrest.

To be convicted of a DUI the prosecutor must establish beyond a reasonable doubt that the accused was under the influence of alcohol. Thus, under Florida DUI law the burden of proof is on the prosecutor. Generally, the most decisive piece of evidence in a drunk driving case is the result of the breathalyzer test. Usually, a breathalyzer test is admissible as evidence and used by the prosecutor to argue for the defendant’s conviction. A driver who refuses to cooperate with a breathalyzer test requested by a police officer may be subjected to discipline. If you declined to submit to a breathalyzer test you should contact a Tampa DUI attorney for legal advice right away. A trained Tampa DUI lawyer should counsel you on the law and help defend against any penalties.

Under Florida D.U.I. law, refusal to submit to a breathalyzer test may be admissible as evidence. Usually, the refusal will be used as circumstantial evidence of guilt. However, a denial without more may also carry stern penalties. Therefore, it is important to seek the help of a qualified Tampa D.U.I. lawyer if you rejected to submit a breathalyzer test. If a driver refuses to cooperate with a breathalyzer test the judge may suspend the driver’s license for up to one year. If the driver has previous breathalyzer test refusals the court may suspend the driver’s license for up to 18 months.

In addition to a breathalyzer, a blood test may also be used to determine if the defendant’s blood alcohol level was above the legal limit. Florida DUI law permits blood to be taken from a suspected drunk driver by force if the driver was involved in an accident, which caused serious bodily injury. Furthermore, Florida DUI law authorizes blood to be withdrawn from a driver who is unconsciousness. The law presumes that the unconscious driver has given consent to the blood test.

Going through a divorce is a very emotional and stressful experience for the parties involved. There will be a lot of crucial issues that will have to be dealt with and negotiated amongst the parties involved. If a couple wont agree on the terms of the divorce a Florida family law court will step in and settle the differences. If the divorce is adjudicated by a Florida family law court each party should employ a knowledgeable Tampa divorce attorney to defend their interests.

A divorce which is forced to be adjudicated through a Florida family law court could be a time consuming and costly process for the parties involved.  The Tampa divorce lawyer representing each individual may be required to spend more time and exhaust more resources than if the divorce was settled out of court. For example, the Tampa divorce lawyer will need to go through the procedure of discovery to adequately plan for the trial. Discovery is the process of reviewing and receiving documentation pertinent to the divorce from the opposing party. Generally, the Tampa divorce attorney will submit a motion for discovery to the Florida family law court to require the opposing party to turn over the records  requested. Often, a great amount of time is exhausted by the Tampa divorce attorney reviewing information that has little or no bearing on the divorce to avert the possibility of missing something of significant importance. Adequate discovery is critical to receiving a fair distribution of the marital assets. Florida divorce law commands that the martial assets be subjected to an equitable division. However, a party to the divorce will often try to keep assets hidden in order to prevent an equitable division with the other party. Thus, it is important to employ a diligent Tampa divorce attorney who will request and vigilantly examine all relevant financial documentation.

Florida divorce law is modeled after the no fault approach. Under this methodology a divorce may be permitted even if no party is at fault for the marriage troubles.  For example, Florida family law does not demand adultery to be alleged when petitioning for a divorce. Florida divorce law only requires the petitioning spouse to testify that the marriage is irretrievably broken. However, under some conditions the Florida family law court will bear in mind adultery when adjudicating alimony payments. If you or your spouse committed adultery you should seek an experienced Tampa divorce attorney for legal aid. The adultery may have a large effect on the amount of alimony payments awarded. On the other hand, depending on the facts of the adultery it could be completely inconsequential to the Florida family law court’s judgment. The evidence supplied by the Tampa divorce lawyer will often be the difference between an adultery having a sizable impact and none at all on the amount of alimony awarded.

The Florida Alimony rule says, “The court may consider the adultery of either spouse and the circumstances thereof in determining the amount of alimony, if any, to be awarded.” However, the large majority of court determinations unambiguously state that the crucial criteria considered by the court will be the spouse’s need for alimony and the other spouse’s capacity to pay the alimony. In order for the Florida family law court to give alimony based on the adultery, the adultery must have produced a financial loss to the innocent spouse. A knowledgeable Tampa divorce lawyer will usually argue that the adultery caused a depletion of family resources, and thus a larger amount of alimony should be given to the innocent spouse.

If the primary parent wants to move with the minor child to a new dwelling, which is fifty miles or more away from the present domicile the relocating parent must get assent from the other parent or from a Florida family law court. The intent of Florida divorce law is to grant  joint custody and to facilitate frequent and continued interaction with both parents. Florida divorce Law encourages parents to share the privileges, workload, and pleasures of raising the children. Moving a minor child 50 miles or more away from the current domicile can disturb the intent of joint parenting. If a petition to relocate is made, the Florida family law court will take into account  many factors when deciding if the relocation will be permitted. In these conditions, it is crucial to consult with a Tampa divorce attorney who is skilled in the law and can offer competent legal advice.

A Florida divorce law court will contemplate various issues; however, the heart of the Florida divorce law court’s decision will be to decide what is in the best interest of the child. The guardian applying for the relocation has the burden of verifying that the relocation is in the best interest of the child. However, if this burden is met the burden will then shift to the other parent to establish that the relocation is not in the best interest of the child. A skilled Tampa divorce attorney will argue on behalf of a parent and communicate the best possible argument to support his client’s position. A competent Tampa divorce attorney will be well-informed of all the issues the court will bear in mind and will advocate effectively  for his client.