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Can I Refuse a Chemical Test?

One of the first questions we get when we talk to a prospective client who has been charged with DUI is, “Could I have refused the breath test?” The simple answer is, “Yes.” The more complicated answer follows.

When you are pulled over and suspected of driving under the influence, there are two standard tests that police will ask you to perform. One is the field sobriety test (physical coordination) and the other is a chemical test (blood, breath or urine). You are within your legal right to refuse to take the field tests as they are considered voluntary, however, current Florida law requires… Read More

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11 Drunk Driving Facts

You know what drunk driving is. It is the act of getting behind the wheel and operating your vehicle after you have consumed alcohol. Here are 11 facts about drunk driving that you may not be aware of.

It Doesn’t Matter How Many
You are driving under the influence as soon as you consume alcohol and get behind the wheel. It doesn’t matter if you have had half a glass of wine or five shots…being considered impaired is not reliant upon the number of drinks you have had or the type of alcohol.

Prior to Arrest
On average, a person will drive drunk 80 times before they are finally arrested for their first … Read More

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Can I Trick a Breathalyzer in Tampa?

One of the most common misconceptions regarding a DUI charge is a person’s ability to “trick” a breathalyzer. There are several myths that surround the machine, and tall tales of beating the test are told with gusto. While breathalzyers do have their problems, there is no proven way to beat the machine. In fact, many of the methods that people believe will help them may end up hurting them.

Here are some of the more prevalent methods that you have heard for tricking the breathalyzer:

Put a Penny in Your Mouth
The story behind this fallacy is that the metal in the penny will react in such a way with… Read More

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Second Guessing Your Choices After a DUI

dui driver arrested with cops

Second Guessing Your Choices After a DUI

It isn’t unusual for anyone to replay a traffic stop in their minds. It is even more common when that traffic stop results in an arrest. You may be questioning what is going to happen to you if you cooperated and performed all tests requested of you. Here are answers to the questions that may be running through your mind.

1. I drank, but did I really drink enough to be considered drunk?

It comes as a bit of a surprise to people that it is not illegal in most states to drink and drive. What is illegal is to drink to the point of legal intoxication and then operate a motor… Read More

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Can I Get Into in the Pretrial Diversion Program?


A diversion program is designed to provide supervision as an alternative to confinement. In Florida, the pretrial diversion program (PTD) is offered through the State Attorney for those who are eligible.  Through your attorney, you may be able to inquire as to whether this is an option in your case. In our area, the program is supervised by Orange County Community Corrections.

Requirements for PTD

Only those who meet the basic eligibility requirements will be considered for the PTD program. The crime must be a misdemeanor and you must not have any prior convictions for a similar crime. You … Read More

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Alleged Mail Theft Thwarted by Paddle

download (85)Interfering with the delivery of the mail is a serious offense, and a federal one. It leads to fines and up to five years in prison if convicted. Stealing mail also tends to make people really angry, as a couple found out in Washington State.

It started with a mailman out looking for a stolen vehicle. The alleged thieves abandoned a car full of mail in a driveway in Sammamish. Neighbors called police and another neighbor blocked the car in to prevent it from leaving while the owner of the driveway confronted the couple. A mailman was already on the hunt for the car and found the scene.

Neighbors and the … Read More

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What is the Legal Drinking Limit in Florida?

What is the Legal Drinking Limit in Florida?

Florida, like other states, has laws in place to prohibit people from driving while intoxicated. The legal limit in Florida is 0.08% blood alcohol concentration, or BAC. Drivers are not allowed to drive if their BAC reaches this level. This limit is strictly enforced. Drivers may be stopped for a traffic offense or as part of a checkpoint. If the officer has reason to believe you are driving impaired, you may be requested to perform a BAC test.

How BAC is Calculated?

The most effective way to calculate BAC is through the testing of blood or urine samples.… Read More

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Man Arrested For Domestic Violence Involving Pot Plants

Van MijEvery story has at least two sides and the ending is often made by whoever gets the most people to listen to a given side. In a court of law, one side is told by the prosecution and the other side by the defense, but because people naturally feel sympathy for an alleged victim, it’s often difficult for the defendant to get a fair hearing. This is why the right attorney is so very important. That is the only way to make sure every side of the story is given equal weight.

A Florida man was arrested for domestic battery, among other charges, after hitting his brother with some marijuana plants, said Polk… Read More

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Domestic Violence Involves Blind Man Arrest

A blind man has been arrested after allegedly punching a girl in the face and biting her ear in a domestic violence incident.

42-year-old, David Castrofelipe was arrested Tuesday on the charge of child abuse after he asked another member of the household to translate a phone message that had been left for him by a bill collector. Castrofelipe became enraged after having been given what he felt was “attitude”.

Orange County Sheriff’s Deputies have not released the age or identity of the victim, but did say that she had been awakened by Castrofelipe yelling. After the victim told Castrofelipe… Read More

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Newest IRS Phone Scam Costing Taxpayers More Than $1M Is Largest to Date

Sean McEnteeFederal authorities are investigating one of the largest phone scams ever perpetrated, netting over $1 million in fraudulently acquired money from unsuspecting victims.  The scammers call pretending to be from the IRS, with details on the individual they’re speaking to, and they threaten the person on the phone with some terrible consequence if he or she does not immediately pay some amount in back taxes. Threats reported include loss of a driver’s license, deportation, and arrest. In the case of Roberto Acevedo of Orlando, FL, the scammers not only had his Social Security Number and… Read More

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Find Out How Our Criminal Defense Lawyers Can Help You Katz & Phillips, P.A. works to try to keep your record clear and keep you out of jail, or to minimize the possible penalties of serious charges you face. To learn more, call today and speak with an experienced member of our legal team
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