Steven WetterCriminal Defense Attorney | Ft. Myers, FL | DUI2024-03-18T14:26:56Zhttps://www.stevenwetterattorney.com/feed/atom/WordPressOn Behalf of Steven Wetterhttps://www.stevenwetterattorney.com/?p=478942024-03-18T14:26:56Z2024-03-18T14:26:56ZFlorida has strict penalties for controlled substance violations
It is a crime to sell medication to other people even if the person conducting the sale has a valid prescription. In fact, it is illegal to transfer medication to others even if the person transferring the medication does not make money on the transaction.
Giving or selling a controlled substance to another person is usually a second-degree felony offense in Florida. The penalties possible if someone pleads guilty include 15 years in state custody, 15 years of probation and $10,000 in fines. If the total weight of the medication is over 10 grams, then the state could pursue first-degree felony charges. The penalties possible include 30 years in prison and $10,000 in fines.
Merely possessing Adderall or similar medications without a valid prescription could lead to third-degree felony charges. The other party involved could be at risk of up to five years in state custody and $5,000 in fines.
Everyone involved in a scenario involving an unlicensed transfer of Adderall or similar medication could end up facing criminal consequences should the state discover the situation. Those who understand the rules enshrined in Florida's current controlled substances laws can avoid scenarios in which mistakes might lead to criminal prosecution.
If someone does get arrested for sharing their medication with others, there may be options for responding to those pending charges successfully. Understanding the consequences of well-intentioned mistakes may leave people quite anxious about what happens after a drug-related arrest. Those who discuss their situation with a lawyer may feel more confident about their ability to respond to pending allegations in informed and supported ways.]]>On Behalf of Steven Wetterhttps://www.stevenwetterattorney.com/?p=478922024-01-19T17:28:02Z2024-01-19T17:28:02ZThere is no per se limit
The state can use two different approaches when developing a DUI case related to alcohol. Specifically, the driver could face accusations of either being over the legal limit for their blood alcohol concentration (BAC) or demonstrating impaired ability at the wheel.
Someone facing a DUI charge stemming from a failed chemical test but not issues with someone's driving is accused of a violation of the state's per se statute. It is illegal on its own to have a BAC over the statutory limits. There is no such limit for prescription medications, over-the-counter drugs or illegal drugs in Florida.
Any detectable amount of drugs that could impair someone's driving ability could lead to a DUI charge. Even if a motorist has used the same medication for years and feels confident that they have a tolerance that allows them to drive safely, admitting to consuming mind-altering drugs before driving or having them show up in a chemical test can be enough to warrant their prosecution.
The penalties are the same as for alcohol cases
Florida prosecutors largely treat drugged driving DUIs the same way that they treat alcohol DUIs. State law does not actually differentiate between these two offenses, meaning that the charge on someone's record and the possible penalties are the same. However, judges may have a more negative view of drug driving in some cases and could be more likely to hand down severe penalties even for a first offense.
Drivers who understand the risks related to their prescription medications may have an easier time avoiding mistakes that could lead to their prosecution.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478912023-12-23T17:25:54Z2023-12-23T17:25:54ZPenalties for reckless driving
Florida imposes strict penalties for those found guilty of reckless driving, which can vary based on the severity of the offense and any prior traffic violations on one’s record.
Reckless driving fines in the state can range from $25 to $500, depending on the circumstances surrounding the offense. The court may also order community service as part of the sentence for reckless driving.
Additionally, a conviction for reckless driving can lead to the suspension of your driver’s license. The duration of the suspension varies, with more severe penalties for subsequent offenses. It’s critical to be aware of the potential impact on your ability to drive legally in the state.
Moreover, reckless driving convictions almost inevitably lead to a significant increase in auto insurance premiums. Insurance companies view reckless driving as a high-risk behavior, and as a result, they may adjust the auto insurance rates of policyholders to reflect the increased likelihood of future claims.
Understanding the penalties for reckless driving in the Sunshine State is paramount for all motorists. By adhering to safe driving practices, respecting traffic regulations and being aware of the potential consequences, you can avoid reckless driving charges. However, if you’re already facing these charges, all is not lost. Seeking legal representation can help you secure the most favorable outcome for your situation, depending on the ins and outs of your circumstances.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478902023-12-09T17:13:19Z2023-12-09T17:13:19ZInteracting with law enforcement
Maintain calm and composure during the encounter. Greet officers respectfully and provide requested documents, such as your driver’s license and registration. It’s advisable to always keep your license easily accessible to streamline this process.
Law enforcement officers may conduct brief visual inspections of your vehicle at DUI checkpoints. However, a more thorough search requires probable cause. If they lack probable cause and still proceed with a search, any evidence found may be inadmissible in court. Knowing your rights regarding searches can help protect your privacy.
Field sobriety tests (FSTs) and breathalyzer tests
The Sunshine State operates under implied consent laws, meaning that by driving in the state, you implicitly consent to chemical testing if you are lawfully arrested for a DUI. Breathalyzer tests measure blood alcohol content (BAC). If you refuse to take one after you’ve been arrested, in Florida, consequences will follow, such as license suspension.
Field sobriety tests are physical and cognitive assessments used to determine impairment. You have the right to decline to participate in these tests if you’ve not been arrested, and doing so cannot be used against you. However, you should know that refusing to take a test may actually trigger further DUI suspicion.
Navigating a DUI checkpoint can be intimidating, but being aware of your rights can empower you during these encounters. If you believe your rights were violated or face charges following a DUI checkpoint encounter, seeking legal representation can help you to build a strong defense.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478892023-12-08T13:18:37Z2023-12-08T13:18:37ZWould you say that you generally know how intoxicated you are? If you’ve been drinking, you can tell if you just have a slight buzz or if you are significantly impaired.
This is an assumption that a lot of people make, especially when deciding if it’s safe to drive home. They will just consider their own impairment level and decide if they should drive or call a cab. They know they have consumed alcohol, but they may still think that it’s perfectly safe to drive because they don’t really feel the effects anymore.
What studies show
The problem with this is that researchers have discovered that those who are intoxicated often can’t tell how impaired they really are. They will rate their impairment level much lower than it actually is. To some degree, this is just because alcohol itself impairs judgment. The more someone drinks, the harder it gets for them to tell how intoxicated they are.But part of the issue is also that people tend to make this analysis based on others around them. If someone is in a nightclub, they may not feel very impaired at all because everyone else has been drinking more. But if they were in the church, they may feel extremely intoxicated because everyone else is sober. This leads to a lot of people in rowdy social situations believing they are more sober than they actually are and trying to drive home when they’re over the legal limit. When this type of mistake leads to an arrest, it’s very important for those facing charges to understand their criminal defense options.
]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478872023-12-06T19:30:15Z2023-12-06T19:30:15ZPeople tend to say the phrase “assault and battery” as if they’re a single offense – but they’re not.
In this state, assault and battery are actually two separate crimes, with vastly different potential consequences.
What’s an assault?
An assault is an intentional threat that is designed to make the victim afraid of actual, imminent harm. In other words, the threat must seem real, be communicated to the victim and be reasonably credible.For example, if somebody is bothering your girlfriend at a bar and you stand up, face off with them and offer to put them in the hospital with a beating, that’s a genuine and intentional threat of harm. While you may have some valid defenses, you could potentially be charged with simple assault – even if you never raised a fist and never actually touched the other party.
What’s a battery?
A battery, by comparison, involves actual physical contact with the victim against their will, whether or not it causes physical harm.For example, imagine this: During the encounter with the person bothering your girlfriend, you reach out and lightly punctuate your threat by poking them in the chest. That's a simple battery.
What are the penalties?
A simple assault is a second degree misdemeanor, which can lead to a $500 fine and up to 60 days in jail, while simple battery is a first degree misdemeanor, which can cost you a $1,000 fine and up to a year in jail.Both assault and battery can become “aggravated,” or more severe, depending upon the situation. Aggravated charges are usually applied when a weapon is involved, the victim is a peace officer, first responder or gets seriously injured. At that point, you would be facing felony-level charges.If you’ve been accused of either assault or battery (or both), it’s wisest to explore your defense options.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478852023-11-09T15:17:07Z2023-11-09T15:17:07ZFare evasion is petit theft
Per state rules, evading a bus or rail fare is petit theft of the second degree, a misdemeanor of the second degree. A conviction for this offense leads to up to 60 days in county jail and $500 in fines.
However, if a court convicts a person for a second or subsequent offense under the law, the crime becomes a first-degree misdemeanor. Penalties for such a conviction include up to a year in jail and $1,000 in fines. The court has the option to require the convicted to perform public service instead of paying a fine.
Enhancements for fare evasion offense
If a person who was caught committing fare evasion resists the reasonable effort of an officer of a transit agency employee to make the person pay, their offense is immediately upgraded to a misdemeanor of the first degree.
In conclusion, it’s illegal to avoid public transportation fares. While the offense is just a misdemeanor, it still leads to jail time and fines.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478832023-11-03T09:09:51Z2023-11-03T09:05:41ZWhy you should consider fighting your traffic ticket in Florida
Deciding whether to fight a traffic ticket or pay it is not so straightforward. It would depend on the circumstances surrounding the violation. While fighting a traffic ticket may lead to more expensive penalties, paying it has significant long-term consequences. Here are the reasons you should consider fighting your ticket:
When you pay a traffic ticket, it appears as a conviction on your driving record
Too many points on your record can lead to license suspension or revocation
Your car insurance premium could increase
You could lose your job if your employer requires a clean driving record
If you decide to fight your ticket, you must appear in court, but so should the officer who ticketed you. If you get lucky, the officer may not show up at all, which will result in an automatic dismissal of the case. Although, it might not be so wise to rely on luck.
Fighting your traffic ticket
There are many possible reasons to contest your traffic ticket. You can question the validity of the traffic stop and the conduct of the officer. The officer may have also failed to calibrate the radar gun or made major errors on the ticket. If you believe the officer issued you the ticket unfairly or they made a mistake in the process, then you deserve a fair trial. To have a fair trial, you need to be ready to contest your ticket.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478802023-10-31T01:48:28Z2023-10-31T01:48:28ZCollege students and DUI charges
College students who face DUI charges in Florida have more to worry about than fines and jail time. Being convicted of driving while under the influence could lead to a student losing their scholarship and campus accommodation. If students are involved in serious drunk driving incidents, they could even be expelled. A drunk driving conviction can cast a long shadow in the Sunshine State. DUIs remain on driving records for 75 years in Florida, and they remain on criminal records for life.
The facts matter
Some consequences are inevitable following a DUI conviction, but the most serious sanctions are reserved for motorist who have multiple prior drunk driving offenses or cause accidents that result in serious injury or death. When a college student is charged with drunk driving for having a BAC higher than 0.02% but lower than 0.08%, they are unlikely to be expelled or lose their scholarship. However, their DUI will still be discovered during background checks, which could make pursuing a career that requires professional credentials more difficult.
Students should learn the law
Students who wish to stay out of trouble should learn about the DUI laws in the states where they attend college. All states have a much lower BAC threshold for drivers under the age of 21, and many have mandatory penalties for first-time offenders. In Florida, a DUI conviction can harm career prospects because it will appear on DMV checks for 75 years and criminal background checks for life.]]>On Behalf of Steven Wetter Attorney at Law, P.A.https://www.stevenwetterattorney.com/?p=478762023-10-12T06:11:53Z2023-10-12T06:11:53Zplay the victim and accuse you of abuse and domestic violence. Because you have been a victim of emotional abuse, you may start to believe them, but you must not allow your spouse to ruin your life based on lies and manipulation.
How you can protect yourself from false domestic violence claims
You should not take false domestic violence lightly and take steps to protect yourself from your abusive spouse. They may try to turn others against you by creating false narratives and planting misleading evidence. Here are ways you can protect yourself:
Change all your passwords in social media accounts and online banking accounts.
Secure all other relevant accounts.
Record your conversations with your spouse and preserve any proof of their emotional abuse towards you.
Start building your own account of what really happened.
Avoid contacting your spouse and meeting with them unless there are impartial witnesses.
Talk to a criminal defense attorney with experience in domestic violence.
Emotional abuse is a form of domestic violence in Florida, where it is illegal to cause substantial emotional distress to another person that serves no legitimate purpose.
You control your story
Domestic violence charges will be overwhelming to face alone, so you can confide in close friends and relatives to tell them your side of the story. Your spouse should not fabricate lies just because they can no longer control you. You have your own life to live, one free from criminal charges.]]>