Common Mistakes When Pulled Over for DUI
Whether or not you are intoxicated, being pulled over and accused of driving under the influence (DUI) can be demeaning and frustrating. If you are arrested for a DUI, it can be even more upsetting. Fortunately, in the event that you have been pulled over, you can avoid falling into accidental traps by steering clear of a few common mistakes.
Before we dive into some of the most common mistakes, it’s important to note that if you have been arrested for a DUI, you should contact a DUI attorney in Tampa with The Rickman Law Firm as soon as possible.
Related: A Few Things to Consider When Accused of Driving Under the Influence
Admitting You Have Been Drinking
At night, you still may be pulled over for completely routine reasons, from changing lanes without using a signal and speeding to running stop signs and red lights. If you have been pulled over for a completely routine reason or are being pulled over as part of a DUI checkpoint or on suspicion of DUI, one of the biggest errors you can make is admit that you have been drinking. No matter what happens, you should never admit that you have been drinking. Even if you are within the legal limits, this can severely hurt your case.
Refusing a Breathalyzer
Let’s say you are pulled over and are completely sober, but you refuse a breathalyzer test on principle. This might seem like an act of self-preservation in the moment, but it can actually lead to a suspension of your license. Why is the penalty for refusing a breathalyzer so high in Florida? Because of implied consent, outlined in Florida Statute 316.1932, which states that any person who accepts the privilege of operating a vehicle in the State of Florida is “deemed to have given his or her consent to submit to an approved chemical test or physical test.” Thus, the penalty for refusing to submit to a breathalyzer is a mandatory license suspension for one year for the first offense.
Related: How a DUI Conviction Can Change Your Life
Failing to Contact an Attorney If Arrested
If you have been arrested for a DUI, there may be a bit of a stigma around hiring an attorney. There is a common idea that only guilty criminals need legal representation. However, that is far from the truth. In actuality, failing to hire an attorney after a DUI is one of the most common, and costly, mistakes you can make. Being arrested for a DUI does not always mean an automatic conviction. The police must prove that they had just cause to pull you over in addition to several other factors.
If you should find yourself arrested for a DUI, it’s important to contact a DUI lawyer in Tampa with The Rickman Law Firm immediately. Your attorney will discuss your legal options and craft the best defense for your unique situation.
For a free consultation with a DUI attorney in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Burglary of a Conveyance vs. Burglary of a Structure
Burglary charges can be confusing. That’s why it’s important to understand the key differences between each type of burglary charge, especially in instances when common terms may be misused. For example, it’s critical to understand the difference between burglary of a conveyance or burglary of a structure, as even a few subtle differences can mean extended jail time or other harsh penalties. In this brief article, a burglary defense lawyer in Tampa with The Rickman Law Firm shares the differences in these accusations and why the distinctions matter.
Related: Everything to Know About The Difference Between Robbery and Burglary
What Is Burglary of a Conveyance?
Burglary by definition is unlawfully entering a dwelling, structure, or conveyance with the intent to commit a crime inside; or the lawful entry into a dwelling, structure, or conveyance, but then remaining inside either with the intent to commit a crime; or after permission to remain has been withdrawn, with the intent to commit a crime inside; or with the intent to commit a forcible felony. The possible sentence a person may face and the degree of charge will vary depending on if the location that was burglarized was occupied or not.
Now that we have covered the general definition of burglary, it’s important to know what a conveyance is as it relates to the law. A conveyance is defined as any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car. For example, a motorhome may fall into this category, as will a travel trailer. Burglary of a Conveyance is a third-degree felony punishable by up to 5 years in prison.
Related: What Is the Difference Between Larceny, Petit Theft, and Burglary or Robbery?
What Is Burglary of a Structure?
A structure is defined as a building of any kind, either temporary or permanent, which has a roof over it, together with the surrounding curtilage. Unlike Burglary of a Conveyance, Burglary of a Structure is a second-degree felony punishable by up to 15 years in Florida State Prison.
This is also different from “burglary of a dwelling,” which is defined as a building or conveyance of any kind, which has a roof over it and is designed to be occupied by people lodging therein at night, together with the surrounding curtilage. In other words, a motorhome or RV would be termed a “dwelling” rather than a simple “structure” or “conveyance” in many instances if it is used for overnight lodging. Burglary of a Dwelling is a second-degree felony punishable by up to 15 years in Florida State Prison.
Related: Defenses Against Robbery and Burglary
What to Do If Accused of Burglary
In the event that you have been accused of burglary of any type, whether structure, dwelling, or conveyance, it’s essential that you contact a burglary defense attorney in Tampa with The Rickman Law Firm. Burglary is a very serious offense, and you’ll want to have the best legal defense possible to defend your rights and avoid potential penalties.
For a free consultation with a burglary defense lawyer in Tampa, please contact The Rickman Law Firm today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.