So, it finally came, your brand new, shiny State issued ID that entitles you to purchase medical marijuana legally through a licensed dispensary. And you’ve gone through the process of purchasing your new medicine…. So now what? Do you have an unfettered license to chill whenever you see fit? Not exactly. Here are three things you must know about your new prescription…
- You may not smoke your prescription. Cannabis dispensaries offer a variety of products, including THC oils, topical creams and actual cannabis flowers or “buds,” however, these flowers may not be smoked legally. They may be consumed with the use of a vaporizer (medical delivery device), however, they must remain in the child proof container in which they came, which fits into the vaporizer like a coffee k-cup…. Additionally, you may only use a vaporizer that is issued by a licensed dispensary. Ordering a vaporizer from an unlicensed dealer on-line, and using it with your legal prescription could cause you problems with the law when you get caught.
- You may not consume your prescription anywhere. It is unlawful to consume your legal medical cannabis within eye distance of a public place, or in a vehicle, boat, train or aircraft. Even if you are safe from the possession laws, you may still be arrested for DUI if you are believed to be driving or in physical control of a motor vehicle while impaired by cannabis.
- You Must Carry Your Card! Not having the card with you can cause you serious problems. They can be remedied to some extent if you can present your card to the clerk of court prior to any court date on the issue. But along the same lines, you must also carry the actual prescription, or print out that comes with the medical marijuana. In other words, you need to be able to show that you have the documentation indicating that whatever medicine is in your hand was provided to you from a licensed dispensary. You are not allowed to go get your own product on the black market.
If you are a legal prescription holder that has been arrested for possession of your legal medicines, or for DUI as a result of those medicines, contact us at the Ferraro Law Group for a confidential consultation.
Being arrested for a DUI requires fast action and an aggressive defense. A DUI case is a multi-part case, and you have to pay attention to each part in order to get a satisfactory result. If you focus on only one of the moving parts of your case, you could end up without a license or spending time behind bars. Neither of those outcomes is appealing, and we know how to work your case to give you the best shot at avoiding an adverse result.
Three parts to every DUI case, and what you can do to defend each part of the case, includes the following:
- The part of your case that takes place at the Courthouse is the criminal portion, the actual charge of DUI. This is where you will want to offer a defense to the charge of driving under the influence, and challenge the breath test results. You might also consider attacking the initial traffic stop as invalid, in the hopes of getting a reduction in charges or maybe even a dismissal.
- The part of your case that deals with your right to drive is an administrative function, and it happens outside the Courthouse walls. This is the part of your case that requires you to seek reinstatement of your driving privileges, or be given at least a limited right to drive. The arresting officer is likely to show up and give testimony, but that does not mean your chances are zero. Even if you only get a modified license, this part of your case gives you a chance to hear what the officer has to say and this can come in handy in the criminal portion of your case.
- The part of your case that is on you is the probationary period, if that is how you decide to resolve the matter. You will be responsible for following the rules of your probation, and if successful you will receive the benefits promised when you agreed to probation. This typically includes a reduction in charges, but only if you do as required while on probation.
The key to success is acting fast. As soon as you are able to make a call, call our office. We will get right to work on your case for you so you don’t miss important deadlines. The first deadline is the one where you have to request an administrative review of your license suspension. That has to happen within ten days of arrest. If not, you will not be able to ask for your license back or even a limited license. For help with DUI defense call us today.
If you have been charged with DUI, call our office to speak with a qualified criminal defense attorney. Call today to schedule an appointment.
We all make mistakes, and hopefully when we do there are remedial actions that can be taken to get back on track. But when the mistake is made during an arrest, the repercussions can be scary, so it is good to know how to handle yourself if you are put in this position. Take the instance of a DUI arrest as an example; it can be natural to try and talk your way out of the arrest and say you have not been drinking when you have, but that can only make things worse. The best thing to do is stay calm, but we know that is a tall order. Another good thing to do is know what mistakes are commonly made, so you can take steps to avoid making these mistakes.
The top two DUI mistakes most people make, and what you can do to avoid them or minimize their impact on your case are:
- Accepting the breath test results without raising a challenge. We understand how the idea of challenging scientific data might be intimidating, but if you don’t do this in every DUI case then you miss out on potential defenses. Not all breath tests are accurate, and the reasons vary. It might be that the test was given to you improperly, or that the machine was not in proper working order. But if you don’t raise a challenge to the result and ask these questions, you will not know if this is a possible defense in your case. Let us handle this for you, we have experience challenging breath tests and will do it in your case too!
- Waiting too long to take any action. This is true for a few reasons; the biggest one being the longer you wait to call for help, the chance that you will lose your driver’s license is great. You only have ten days to ask for your license back, or even for a modified license. If you wait too long you might miss this chance. You might also miss out on vital pieces of evidence from the breath test or from the arresting officer if you don’t take quick action. Call our office as soon as you can after bonding out of jail, so we can get right to work for you.
Most DUI cases can be defended; you just have to know where to look. We know which parts of your case are vulnerable, and which parts require more careful analysis. For more information, contact us today.
If you have been charged with DUI, call an experienced criminal defense attorney in Stuart and the Treasure Coast to help you. Your first visit is a free initial consultation.
Being arrested for DUI can leave you without a license, facing possible jail time, and with the requirement to pay hefty fines. If this happens to you, you will need to develop a solid defense, and this take the help of a qualified DUI defense attorney. This is true whether you are a first time offender, or have had prior cases. And, even though each case is made up of its set of particular facts, there are some things that need to be done in every instance of DUI arrest. This should be your starting point, and from there we will work on the specifics of your case for you.
The top three things to explore if you have been arrested and charged with DUI are:
- Take a look at the traffic stop that lead to the arrest. If that stop was not valid, then it is possible that anything that happened thereafter is also not valid. There are certain things that have to be present in order to make a traffic stop lawful, and we will let you know if those exist in your case.
- If a determination is made that your traffic stop was legal, the next thing to examine is the way the breath test was given to you. The police have to follow certain protocols when administering a breath test, and if those protocols are deviated from the test result is not considered reliable. Without a reliable test result to show you were driving while intoxicated, it is hard for the prosecution to make the charges stick.
- Exploring other explanations for the test result is always a must! There are times when medicine or other physical characteristics that are unique to you and you alone will impact the testing. If any of these exist in your case, it is imperative to identify them and bring them to the attention of the Court as part of your defense.
These factors are not the only factors that play a role in the defense of your case, and in order to figure out what else is needed for your defense a thorough analysis must be performed. We know how to look at the facts and apply the law to those facts. If you have been charged with DUI, call our office for help.
Schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.
Being able to drive is a big deal, and is a necessary task for most all of us. Without a car or a license we lack the ability to go where we want, when we want. Having to find alternate forms of transportation can be hard, and can start to wear on you and those that you call on for rides regularly. So if you get pulled over and arrested for DUI, one of the most important parts of your case will be to try and save your driving rights. It can be done, but there are procedures to follow and some things you need to become familiar with before asking for a limited license.
Three things to know about a limited license when you get a DUI include these critical pieces of information:
- You only have ten days from the date you are arrested to ask for a limited license. If you do not make a written request for review of your license suspension, you will lose your right to drive temporarily. This puts you in the position of having to find another way to get where you need to be, and can add to the frustration you are already feeling from having been charged with DUI. We know the deadline is tight, so we take special care to make sure your request is made on time. We are familiar with the process and know how to follow the rules in place to ask for your limited right to drive.
- After you have made a written request, you will be given a date to appear at an administrative hearing. This hearing will not take place within the same ten days that you had to make the request, and in the meantime you will be allowed to drive with a paper license. Be sure to keep this piece of paper on you at all times, or you can face charges of driving without a license.
- At the hearing you will have to put on evidence in support of your request for reinstatement of your driving privileges, and most first time offenders are given at least a limited license at this time. This license gives you the right to drive under certain, limited, circumstances. It is crucial that you drive only as allowed, or you can face additional charges.
If you have concerns about how you are going to drive after a DUI arrest, call our office. We will explain the procedure to you, and work together to come up with a plan of attack that works.
For help with questions about DUI defense, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.
There is no greater thrill for a sixteen year old than taking the driver’s test, and passing! A driver’s license brings with a certain amount of freedom, and that is something all of us can crave. But if you have had too many tickets, been convicted of a DUI, or committed some other act that has caused the State to take away your right to drive, you have to be extra careful. Until it happens to you, you might not think you’d ever sit down behind the wheel of a car without a license, but it does happen.
Three types of driver’s licenses that can get you in trouble with the law are
- A suspended license.
- A revoked license.
- An expired license.
Your license might get either suspended or revoked if you are charged with DUI or have accumulated too many points on your driving record. In those instances, there are alternatives, but if you do not avail yourself of those alternatives and decide instead to drive without a valid license, you can end up in more trouble than just the DUI or having too many tickets. In the case of a DUI you can ask for a limited right to drive, and the good news for most first time offenders is that this request is granted. The trick is to make the request on time, because if you miss the deadline you miss your chance. A trickier type of license is the expired license. It is not unheard of to forget to renew on time, or simply not even be aware your license has expired. It is a good idea to keep track of when your driver’s license is set to expire, and make a plan well in advance of that date to go get it renewed. If you do not and are caught driving, you will face penalties. If that happens, give our office a call. We can help with all sorts of driver’s license issues, and help keep you on the road lawfully. We know how important it is to be able to drive, and work hard to help you maintain your driving privileges.
If you have questions about probation violations, call our office for help today. Contact us today schedule an appointment with an experienced criminal defense attorney in Stuart and the Treasure Coast. The first visit is a free initial consultation.
Drinking and driving is not reserved only for driving a car. There can be cases where a defendant is arrested and charged with boating and driving. This is a common type of case in Florida, where there are plenty of spots to hit the water, so it is important to understand the charges. There are some similarities between a DUI and a BWI, but there are also some factors that are unique only to BWI that might help with your defense.
Some of the typical defense that are raised in DUI cases have to do with the breath test results, such as challenging the way the test was administered or showing that there was another substance in the driver’s system that gave off a false positive. A BWI has unique factors that might lead an officer to believe you have been boating and drinking, such as:
- Having spent too much time in the sun, which can affect your body’s physical properties.
- Not drinking enough water while out in the sun, which can lead to dehydration.
- Being a novice boater, which might mean you are driving erratically.
- Choppy waters, which can lead to becoming sea sick.
If you are facing a drinking while boating charge, let us help. The type of defense you use could be similar to a DUI case, but with additional evidence needed. Our team of experienced DUI and BWI defense attorneys knows how to develop a defense for this special type of case that will fit the facts of your case. The possible punishments for BWI are not as harsh as those that accompany a DUI, but can still be disruptive to your life. You can also take steps before going out on a boat, like designating a driver. The risks of danger are high when water is involved without involving alcohol, but if drinking is part of your boating experience it may just pay off to have someone else take the wheel. Even so, we understand not all plans go as predicted, and are here to help you if you have been charged with drinking while boating.
If you have questions about BUI and DUI defense, call our office for answers. Call an experienced criminal defense attorney in Stuart and the Treasure Coast. Your first visit is a free initial consultation.
Even though there are plenty of television shows and movies about the law, the reality is not as glamourous. There is no red carpet rolled out for attorneys when they show up to Court, and there is usually not a “smoking gun” of evidence. And just because Marisa Tomei was able to catch the prosecuting attorney off guard in My Cousin Vinny, times like these are few and far between in the real world. So it is not surprising to learn that when people are arrested and charged with a crime, they are not sure how to act or what to do next. Fortunately, there are attorneys who have experience defending certain types of crimes, and when you partner with one of these attorneys you can have a good shot at getting a good result in your case.
Three common mistakes DUI defendants tend to make, which could have a negative impact on their case, are:
- Waiting too long to do anything after the arrest. We understand that being arrested and made to spend any amount of time in jail is trying, and that when you bond out all you really want to do is rest. But if you wait too long to call for help you may miss out on certain protections. In a DUI case the biggest risk you take by waiting too long to call a qualified attorney for help is the loss of your driver’s license.
- Talking too much at the scene. Keep in mind you have the right to remain silent. And, just as you’ve seen on TV or in the movies, you can exercise that right.
- Driving without a license. The temptation to drive when your license has been taken away is probably due more to the fact that you have places you need to go rather than just an urge to break the law, but whatever the reason, driving without a license is a big no-no; in any circumstance. But, when you have been arrested for DUI and continue to drive without shoring up your driving rights, you accomplish nothing other than brining on more trouble.
A DUI case is not a hopeless case. There are plenty of defenses available, and it is likely one will work for you. We have helped other people challenge breath test results, negotiate favorable probation terms, and avoid jail and we can help you too!
For more information about DUI defense, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to working with you.
When faced with a problem most of us like to have a plan of action to get the problem resolved. This may range from coming up with a budget in order to save for a vacation to keeping track of what we eat each day in order to lose weight. If you are trying to fix something around the house, you might look at some DIY videos and then try to make the repair on your own. Most times though, for these and other issues, turning to a professional is the best idea. If the situation you are facing is an arrest for DUI you need to know that this type of case involves possible jail time, payment of criminal fines, or loss of your driver’s license, call a skilled DUI and criminal defense attorney for help. And if you are interested in knowing a bit about how the process works before you sit down with a lawyer, take a look below.
Five tips for DUI cases are:
- Maintain your car in good repair, which might help you to avoid being pulled over for a burned out brake light. Sometimes DUI arrests begin with something this simple and a little routine maintenance can save you a big headache.
- If you are pulled over, be polite to the officer. The fastest way to have things spiral out of control is to become belligerent or agitated.
- Watch what you say, and answer only the question asked. Do not offer additional information, and do not think you are going to be able to “talk your way out of a DUI ticket”. The officer may appear friendly, and may be nice enough person, but in this instance the officer is not your friend.
- If you have been arrested before for DUI, decline to take a breath test is you are pulled over again.
- Be aware that things like breath mints and gum won’t alter your BAC level. That said, there are some over the counter and even prescription medications that can impact a breath test. If you have taken any medication, be sure to tell your attorney what it was as soon as possible.
A DUI means you lose your license, at least until you work out other arrangements. These arrangements have to be requested right away though, or you do end up going without a license to drive. It is no fun to be without your driving privileges, so act fast by calling a knowledgeable DUI defense attorney today. A qualified attorney will also be able to help you minimize the other possible penalties, such as fines and potential time behind bars.
For more information about DUI’s, call an experienced defense attorney in Stuart and the Treasure Coast. We offer an initial consultation for no charge, and look forward to working with you.
Most DUI arrests are made after a driver “fails” a breath test. This means the driver has taken a breath test, and the results show more alcohol in their system that what the law allows. Florida’s threshold figure is 0.08%, so if you register a BAC over that amount you can be arrested and charged with DUI. Breath tests are scientific test, and thus subject to scientific scrutiny. There are also other challenges you can make to a test’s results, which may or may not require introduction of highly technical scientific evidence.
Here are three interesting facts about how a breath test works in a DUI case:
- The officer has to observe you for a full 20 minutes before the test is administered. If this timeframe is not followed, the test results may not be valid. And if you are able to prove that your test was not administered properly and thus the results invalid, you might be able to get the charges against you dismissed. If you are not successful in getting a full dismissal of the charges, there is a good chance you will be able to have the charges reduced.
- You have to blow a certain amount in order for the test to get an accurate read. A minimum of 1.1 liters of breath is needed for most machines to put out a reliable result. If you blow less than this amount, your test results may not be accurate.
- Most machines are set to default for the lung capacity of males, which means females and those with smaller frames are at a disadvantage. This type of error can result in a false positive.
There are other ways to challenge breath test results, and we can help pinpoint those ways by taking a good hard look at your case. Our experienced team of DUI defense attorneys knows where to look, what to look for, and how to use the data gathered to your benefit. If you have been charged with DUI, call us today for help. We take an individualized approach to your case, so the defense fits the facts.
For help with questions about DUI’s, call a competent criminal defense attorney in Stuart and the Treasure Coast for help. We offer representation for a wide range of offenses, call us to schedule an appointment.