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Florida Legal Blog

Did your breath test get skewed by mouth alcohol?

Breathalyzer devices are not always accurate. A lot of different factors can throw off the accuracy of these machines, like the calibration of the device, how long it's been since the subject drank and the way the test is administered. Another thing that can interfere with breath test accuracy is "mouth alcohol."

Mouth alcohol happens when alcohol gets inside the mouth itself, creating additional alcohol fumes that wouldn't otherwise be in the breath. This can create a false reading that doesn't accurately reflect a driver's actual blood alcohol concentration (BAC).

Visitation after a parent relocates to another state

Did you get offered a new job in a different state? If you're a single parent with shared custody -- or if the other parent has child visitation rights -- you may have a difficult time moving out of state for your new job opportunity. This does not mean it's impossible to move out of state with your child, it just means that you could have some legal hurdles to contend with.

Let's say, for the sake of an example, that the other parent agrees to your relocation, or that a Florida family law judge agrees that your move will be in the best interest of your child. Now that you've gained the right to move out of state with your child, there are several things you'll be required to do.

33-year-old Florida mom accused of drunk driving

As Hurricane Irma approaches, a 33-year-old Florida mother was arrested and accused of drunk driving after getting into a wrong-way accident. Police say that the woman smelled of alcohol and was so distraught following the collision that she urinated on herself and began yelling at bystanders while using racial slurs.

What's more, the woman allegedly had her young son with her in the vehicle at the time of the collision. Police arrived on scene shortly after the accident and arrested the woman. She was booked at the Volusia County Jail and will now face charges of neglect of a child, disorderly conduct and three counts of DUI.

Recreational Marijuana in Florida: What are the prospects?

When it came to the question of legalizing medical marijuana in Florida last November, 71 percent of Florida residents agreed that legalization was a great idea. Now, supporters of recreational marijuana legalization are hoping that recreational cannabis use will be legal by 2018.

Recreational marijuana is still highly illegal in Florida, and marijuana crimes related to recreational cultivation, possession and sale can result in serious criminal penalties.

3 drunk driving defense strategies

An experienced drunk driving defense lawyer has hundreds of defense strategies to choose from when representing a Florida driver accused of DUI. The defense options that the lawyer employs will largely depend on the facts and evidence surrounding the arrest and allegations.

There are far too many DUI defense strategies to name in this short article, but let's look at a sampling of three that your lawyer might choose to use in your case:

  • The officer didn't conduct a 20-minute observation period: Did you know that Florida law requires a 20-minute observation period before you conduct your breath test? The police officer must observe you continuously for a period of 20 minutes. This ensures that you did not eat or drink something that could potentially invalidate the Breathalyzer results. Failing to carry out this observational period could result in the invalidation of your breath test results so that they cannot be used as evidence against you.
  • You were unlawfully retaliated against for acting "rude": Being rude to a police officer is definitely ill-advised. However, acting in a disrespectful way is not in any way proof that you were too drunk to drive. If you were rude, or the officer accuses you of being rude as justification for your arrest, it will not hold up in court.
  • You have a hard time enduring stressful situations: If you have a hard time staying calm in stressful situations, being subjected to a DUI stop could throw you over the edge. Did the officer mistake you for being too drunk to drive because you became so anxious and stressed that you acted strangely? Your inability to endure such a stressful situation cannot be used as proof that you were drunk.

How do alimony, child support and other issues affect your taxes?

If you're getting a divorce, you may have wondered how the changes in your financial affairs will affect your taxes. We can't give you specific legal advice, and we can't cover everything in a blog post, but there are several basic ways your divorce affects taxes.

First, you should know that child support is not considered taxable income to the recipient and it cannot be deducted by the payer. Also, only one parent can claim each child as a dependent for tax purposes.

How to deal with an ex and school costs

We may not have paid much attention when Target and Wal-Mart quickly shifted their offerings from summer fun items such as swim suits, barbeque grills and fireworks on July 5th to book bags, backpacks and school supplies. But now that we are in the middle of August, a new school year is just around the corner, which means divorced parents with children may embark on an annual dispute: who is going to pay for school clothes and supplies?

Further complicating this argument are additional fees for sports leagues, costs for extra-curricular activities and schedule changes for those who are going to new schools. This may prompt frustrated parents to seek legal action so that they may compel a non-custodial parent to contribute more in order to share these additional costs. 

Florida sheriff counterpunches after battery charge dropped

It's a relatively short drive from Fort Walton to Walton County. A recent incident there received little notice in Florida news media, but got some real attention in Oklahoma.

According to reports, the commissioner of the Oklahoma Department of Mental Health and Substance Abuse Services was vacationing with family in Walton County when she was arrested for battery. The charge was dropped, however, but became much more interesting after both the commissioner and Walton County sheriff released statements on the matter.

Working out divorce terms with your ex

There are decisions that you have to make when you are going through a divorce. While you might not like the thought of having to work with your ex to come up with the terms of the divorce, this is one of the only ways that you can get the divorce over with as quickly as possible.

There are some pointers that you can think about when you are working with your ex on negotiations. Keeping these in mind might help you to remain sane during the process.

Driver finds himself in hot water, right next to Air Force One

Let's say you went to an afternoon barbecue beachside on a Saturday afternoon. Unfortunately, you misjudged how much alcohol you drank and decided to risk driving home. Fifteen minutes into your drive, your last alcoholic beverage starts to take its toll and you can barely control your vehicle.

You accidentally crash your car into a chain link fence. And, because you're not thinking straight, you run away on foot and later file a false carjacking report with the police.


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