BUI

Boating DUI

At the outset, it is important to note that any person over the age of 21 can operate a vessel without a boating license. Any other person over the age of fourteen may lawfully obtain a license by completing a boater education and safety course. Under Florida Statute § 327.35, a person is guilty of the offense of boating under the influence and is subject to punishment if the person is operating a vessel within this state and is under the influence of alcoholic beverage, chemical substance, or controlled substance to the extent that that the person’s normal faculties are impaired. Impairment is evidenced by a blood alcohol content of 0.08 %.

If Convicted of a BUI you face a fine of $500.00 for the first conviction will be imposed or $100 for a second conviction. For a first conviction you could be imprisonment for not more than six months, and for a second conviction you could be imprisoned for not more than nine months.

On your first conviction, you will be placed on probation for a maximum of one year, and complete a minimum of 50 hours of community service. The vessel that you operated or any one vehicle registered in your name will be impounded and immobilized for 10 days. If you are incarcerated, the impoundment can not occur concurrently with the incarceration.

On your second conviction within 5 years after a prior conviction you will be imprisoned for not less than 10 days. The vessel that you were operating at the time of the BUI or any other vehicle will be impounded for 30 days. This impoundment can not occur concurrently with your incarceration. On your third or subsequent conviction within 10 years of any prior conviction, you will be imprisoned for not less than 30 days. The vessel that you were operating at the time of the BUI or any other vehicle will be impounded for 90 days. This impoundment can not occur concurrently with your incarceration.

If, while boating under the influence, a person by reason of such operation causes or contributes to causing damage to the property or person of another, then he or she commits a misdemeanor of the first degree.
If the driver causes serious bodily injury to another he or she commits a felony of the third degree. If the driver causes the death of any human being he or she commits BUI manslaughter and commits a felony of the second degree or of the first degree if at the time of the accident the driver knew or should have known that the accident occurred and failed to give information and render aid as required.

If you own, but were not operating, the vessel when the BUI occurred you may submit the police report to the court indicating that the vessel was stolen at the time of the offense or documentation of purchasing the vessel after the offense occurred. If the court finds that information sufficient, the order to impound will be dismissed and the owner of the vessel will not incur any costs.

There are many defenses available to a person accused of a BUI. If you have been arrested or accused of a BUI contact Anthony Rickman for a free consultation.

First DUI Mandatory Sanctions

• Adjudication
• 12 months probation (can early terminate, approximately $50/month)
• DUI school
• 50 community service hours
• $500 fine
• Court costs (approximately $350)
• 10 day immobilization
• 6 month license suspension

Mandatory Sanctions – 2nd Within 5 Years of First Conviction

• 10 Days Jail
• 12 months probation
• Community Services Hours
• $1000fine and approximately $350 in court costs
• 5 Year Drivers License Suspension (1 year of no driving followed by 4 years of hardship)
• Ignition Interlock Device (1 year subsequent to suspension) Approx 250 to install and $75 / month
• 30 day immobilization
• DUI School Level II

DUI sanctions Breath Alcohol Level over a .15

FIRST DUI WITH BREATH OVER .15 MINIMUM MANDATORY SANCTIONS

• • Adjudication
  • 12 months probation
  • DUI school
  • 50 community service hours
  • $1000 fine
  • Court costs
  • 10 day immobilization
  • 6 month license suspension
  • Ignition interlock device

Just because you have a high Blood alcohol level does not mean you will be found guilty of a DUI. Anthony Rickman has successfully represented his clients charged with enhanced DUI’s.  By fighting your case at every level Anthony Rickman may be able to get your charge dismissed, reduced, or you found not guilty at a trial.  Do not delay contact The Rickman Law Firm for a free consultation.

It is impossible to avoid an enhanced DUI by having the State agree and stipulate that your Blood Alcohol Level is below a .15. the only way to avoid required sanctions is if the State agrees to reduce the charge to Reckless Driving (RD). Under the RD statute, there are no mandatory sanctions. However, the DUI sanctions are usually used as a framework. Sanctions may go up or down depending on the facts of the case. (Typically, the ignition interlock, immobilization and 6 month license suspension are removed)

Suspended DL

DRIVING OFFENSES / DWLSR

DWLSR

In the State of Florida a Driver’s License is considered a privilege, not a right. As such, there are multiple ways that a person can have their driving privilege suspended, revoked, or cancelled, such as failing to comply with traffic infractions, writing worthless checks, delinquent child support, criminal traffic violations, criminal drug charges or failing to comply with insurance and registration responsibilities.

When your Driver’s License is suspended, revoked, or cancelled for any of the above reasons, the DHSMV will send you written notification by U.S. mail to your last known address. Notice is complete upon the expiration of 20 days after deposit of the notification in the United States mail. Therefore, even if you never received the notification, you are presumed to have been notified by virtue of the mailing.

If you have been caught driving while your Drivers License has been suspended or revoked, you can be arrested for either DWLSR with knowledge or receive a ticket for DWLSR without knowledge. If you received a ticket for DWLRS without knowledge you have been charged with a moving violation. This means that if found guilty, you will have 3 points added to your driving record and will be assessed fines and court costs.

If you are arrested for DWLSR with knowledge your charge can range anywhere from a misdemeanor to a felony, where penalties can include jail time, prison time, court costs, and fines.

If you receive 3 or more convictions of DWLSR or DUI in a five year period, you will be automatically categorized as a “Habitual Traffic Offender”, and lose your Drivers License for 5 years. If you are already labeled as a Habitual Traffic Offender, we may be able to vacate one of your prior conviction and remove the “HTO” status from your license. Contact us today so that we can review your driving record for free to determine whether or not we can get your drivers license back!

Benefits of Reckless Driving

Why is it beneficial to have my DUI reduced to Reckless Driving?

A DUI charge carries certain legislative imposed, mandatory penalties from which neither the court nor the state can depart. Upon convincing the State Attorney to amend your DUI charge to reckless driving, no mandatory sanctions apply. The legislature has not imposed any requirements when facing a Reckless Driving charge. Therefore, sanctions are negotiable. Traditionally, the State will use the DUI sanctions as a framework to fashion an offer on a Reckless Driving reduction.

Although your sanctions may be similar on a Reckless Driving to a DUI, you will receive many benefits if your charge is amended to Reckless Driving. On many cases, the State’s offer will include DUI sanctions without the 6 month license suspension or the 10 day immobilization of your vehicle.

A Reckless Driving charge does not carry the same stigma as a DUI charge. Many job applications or potential employers will specifically inquire as to whether you have been convicted of a DUI. If your charge is reduced to Reckless Driving, you will not have to face this issue. Further, often your insurance will be severely impacted by a DUI conviction. A Reckless Driving will not carry as harsh of an impact on your insurance rates.

DUI Defense

One of the worst experiences a person could have is being pulled over and accused of DUI. If you have been accused of a DUI you were probably stopped for weaving, swerving, speeding, another alleged traffic infraction, or involved in an accident. After being stopped by an officer you were taken from your vehicle and asked to perform feats of balance while an officer stood over your shoulder and analyzed your every step without really telling you what to do or how to do it. While not considering your nerves, your balance problems, your fatigue, your medical conditions and your mental state you were then told by that officer that you performed poorly on these roadside tests placed in handcuffs and arrested. After being whisked away to the jail you were sat in front of a machine and asked to blow repeatedly or simply refused to take a breath test. Your license was then taken from you and you were placed in a cell until the next morning. After your release from jail you wondered whats next, how can I fight this charge, should I fight this charge, how can I fight this charge, or what can I do……Call the Rickman Law Firm

If you have been arrested or charged with Driving Under the Influence it is important that you hire an attorney who can aggressively and effectively fight against the State’s accusations; an attorney who will be accessible to answer all of your questions and guide you through the entire Court process. Attorney Anthony Rickman, excels in repressing clients charged with DUI. Anthony Rickman utilizes his skills learned as a DUI prosecutor and perfected as a DUI Defense attorney to achieve favorable outcomes for his clients. As a Top rated DUI Lawyer in Florida by the NAFDD Mr. Rickman has a proven track record of favorable results for his clients accused of DUI.

Whether you’re facing a first time DUI conviction or multiple years in jail, your case is too important not to get the best legal representation. When hiring a DUI attorney it is important that you hire one who will go to Court and fight for you in front of the Judge and/or Jury. Mr. Rickman is a skilled and experienced, in repressing his DUI clients in all stages of their cases. As a proven litigator, Mr. Rickman has tried over 50 DUI case before juries. Anthony has also successfully argued countless motions before judges that ultimately resulted in his client’s DUI charge being dismissed. These motions involved the the unlawful stop of his client’s vehicle, the improper administration of Field Sobriety Exercises, the faulty breath/blood test, and violations of his clients miranda rights. If you feel that you were wrongfully stopped by the police, unlawfully questioned by the police, or your rights were violated during the officer’s investigation contact the Rickman Law Firm Immediately for a free consultation.

If you have been arrested for a DUI your license may be suspended for a period of 6 months if you blew over a .08, 1 year if you refused to take a breath test, or 18 months if you have previously refused a breath test. DO NOT DELAY, contact Anthony Rickman to assist you in getting your license back and fighting your DUI charge.

Traveling To Meet A Minor

Traveling to meet a Minor to Commit an Unlawful Sex Act

We have all seen the TV shows and heard the news reports of people being arrested in sting operations designed the catch adults using the internet to meet minors for sex acts. If you have been arrested, or accused of “Traveling to Meet a Minor”, or “Using the Computer to Solicit a Minor” it is important that you seek the services of an experienced attorney. Attorney Anthony Rickman has been successful in representing clients accused of Traveling to meet a minor. Contact us today for a free consultation.

Traveling to meet a minor is a serious offense and if convicted you do face the possibility of a substantial prison sentence and would be required to register as a sexual offender. The crime of Traveling to Meet a Minor to Commit an Unlawful Sex Act is committed when a person: Uses an on-line service, app, internet service, or electronic device to seduce, solicit, lure, or entice a person believed to be a minor child to engage in an unlawful sexual conduct; and Travels to a location for the purpose of engaging in sexual conduct with the child.. It should be important to note that to prove this crime the state does not need to show that you actually contacted the minor at the location just that you traveled. Furthermore the person you traveled to meet does not have to be a minor as long as there is sufficient evidence to establish your intent to meet a minor.

Often times a traveling to meet a minor charge is the product a government undercover sting operation. During these stings officers pose on websites, web apps and classifieds as minors for the purpose of finding those they believe are interred in sexual contact with minors. These Government operations involve tactics that could be illegal such as entrapment.
A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.

Law enforcement cannot originate a criminal design, implant on an innocent person’s mind the disposition to commit the crime and then induce the commission of that crime so that the Government may prosecute. Often times in these to catch a predator cases law enforcement uses tactics to lure ordinary people to travel to a location by lying or deceiving the individual, seeking a person out when that person gives no indication they are looking for children and has no predisposition to commit the crime, by never stating or verifying their alleged age, by sending photos of attractive adults to the person as opposed to a child, or by instigating sexual conversation and enticing these individuals to travel to the officers location by manipulating their emotions or making repeated pleas.If you have been entrapped by law enforcement your case could be dismissed.

Drug Offenses

Florida Drug Charges:

One of the most common offices in our criminal Justice system are drug related offense. If you have been arrested for selling, purchasing, manufacturing, delivering, or possessing an illegal drug, there are many defenses that are available to you. When reviewing your case, we start from the time of the original police encounter and move to the time of arrest to determine if any portion of the police action was unlawful. An officer can only search a person pursuant to a protective sweep, in an exigent or emergency situation, incident to an arrest, with your consent, in hot pursuit, to conduct an inventory search, or in the course of a pat down or frisk. If your police encounter was unlawful, then any evidence obtained after the unlawful action can not be used against you. Questions that you should ask are:

The Police Encounter

• Was your contact with the officer a result of a citizen encounter?
A citizen encounter occurs when an officer encounters a citizen and the citizen feels free to go, but chooses to remain. Whether or not you felt free to leave will be based on a reasonable person standard and circumstances such as the language or tone of the officer’s voice, whether the officer blocked your path or movement, the number of officers, and whether the officer was in uniform will be considered.
• Was your contact with the officer a result of a an illegal stop?
If so, then the officer must have had a reasonable suspicion that you were or were about to be involved in criminal activity. Any search done at this point should be limited to a protective frisk to ensure that you were not carrying any weapons. If there were no objective circumstances to give the officer the reasonable suspicion that he needed to stop or frisk you, then the stop could be unlawful.
• Was your contact with the officer an investigatory detention?
An investigatory detention occurs when an officer stops a person and temporarily detains them. The length of the detention must be reasonable. The investigating officer needed to have reasonable suspicion “plus” of impeding or past criminal activity. Our attorneys will review the officer’s reasoning to ensure that it is based on object beliefs and circumstances.
• Was the contraband found subsequent to an arrest?
Once you are arrested (for any criminal offense), a police officer has the right to search you and your immediate person, including your vehicle. If contraband is found throughout this search than you can be charged for possession (or trafficking depending on the amount) in addition to your original arrest that prompted the search. However, if the officer lacked probable to arrest you in the first place then any evidence yielded from the subsequent search can not be used against you.
• Was the contraband found during the execution of a search warrant?
If so, there are many different factors that can be explored. Initially, the warrant needs to be reviewed to see whether the information that supported the warrant’s issuance was stale. Secondly, the scope of the search needs to be reviewed, i.e. was the contraband found in the location that the search warrant was issued for, or was contraband found in containers that were not reasonably likely to contain what the warrant authorized to search for. Finally, we explore whether the warrant was executed properly, i.e. did the officers knock and announce their presence as required, was it executed within 10 days of issuance.

The Arrest

• Where Miranda rights read to you prior to any questioning?
Once you are placed under arrest, your Miranda rights must be read to you before you are asked any questions. If they were not read to you, then any statements that you made after you were arrested can not be used against you.
• During questioning did you ever invoke a right to a lawyer?
If you exercised your right to speak to an attorney then any questions that were posed to you after you invoked your right were improper and should not have been asked. Any statements made in response to these questions were improper.
• Did you feel coerced or threatened into making a statement?
Consent that is the product of official intimidation or harassment is not consent at all and citizens do not forfeit their constitutional rights when they are coerced to comply with a request that they would prefer to refuse. If your consent to search resulted from coercion or intimidation, all of the circumstances surrounding the encounter must be considered in ascertaining the voluntariness of the consent, to determine whether police conduct would have communicated to a reasonable person that he was not free to decline the officer’s request or otherwise terminate the encounter. Evidence of coercion may be found from a prolonged detention, a statement that you are free to leave if you consent to a search, a threat to obtain a search warrant if you did not consent to the search, especially when the police lack probable cause or sufficient evidence for such warrant, an implied promise that defendant would not be prosecuted, or a repeated requests for consent.

The States burden of proof

• Can the state prove possession?
In order to prove possession, the state must prove that the person had either actual or constructive possession. To prove actual possession, the state must prove that you had knowledge of the presence of contraband and had the ability to maintain control over it or reduce it to possession. In order to prove constructive possession the state needs to prove that the contraband was found in your ready reach and was within your exclusive personal control and access. Depending on the factual circumstance, i.e. where the contraband was found or if more than one person was with you when the contraband was found, there are many different defenses that can be used to negate possession.
• Is there a confidential informant involved?
If you were arrested in conjunction with the State’s use of a confidential informant there are many inquiries that need to be made. Questions that should be asked are: Was the CI paid compensation for his or her services? Was the CI attempting to reduce his or her own sentence? Was there a conflict of interest between the CI and yourself? What evidence is there of the reliability of the CI? Is this the first case that the CI has worked on or has he or she done several?
• Was the weight of the drugs the correct?
The amount of contraband that you are found with is imperative to your arrest. A gram can make the difference between possession or trafficking charges. It is always important to weight the contraband with a scale that is independent from the law enforcement department.

If you have been accused of a Drug Crime in State or Federal Court DO NOT DELAY, contact Anthony Rickman at The Rickman Law Firm for a free consultation.

Domestic Violence

Attorney Anthony Rickman is a former domestic violence prosecutor dedicated to protecting the rights of those accused of Domestic Violence.  As a prosecutor Anthony experienced first hand alleged victims who would fabricate, lie, and accuse innocent people of domestic violence.  As a Defense Attorney, Anthony will represent you against the false accusations of your accuser and fight for your freedom, your reputation, and your rights.  If you have been accused of domestic violence contact The Rickman Law Firm today for a free consultation.

“Domestic violence” means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.

“Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member constitutes domestic violence. “Family or household member” means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit.

IF ARRESTED FOR DOMESTIC VIOLENCE YOU WILL BE HELD ON “NO BOND” 

Being arrested for a domestic violence charge can be a frightening experience. Florida law requires that a “No Bond” status be set until he or she is brought before a judge to address one’s eligibility. Typically, the court will issue an order allowing “No Contact” between the victim and the arrestee, which usually forces the arrestee to vacate a once-shared home. Additionally, unlike most criminal charges, Domestic Violence cases cannot be sealed or expunged from your arrest record, unless you are acquitted or the charges are dismissed.

After your arrest You will appear before a judge who will address the issue of your bond. You will be advised of the charge against you and the judge will determine whether to set a bond or release you on your own recognizance. All paperwork relating to your arrest will be forwarded by the arresting agency to the Office of the State Attorney. Your case will be assigned to an individual who will make a determination whether to formally file charges against you. By hiring an attorney soon after your arrest, we will be able to contact the State Attorney’s Office at this early stage to begin our defense of your case. If a decision is made to file charges, our representation will continue as your case works its way through the court system. Your case will be assigned to a prosecutor and a division. We will maintain contact with the prosecutor and the courts to defend your charge and work towards a resolution in your best interest. Unfortunately an arrest cannot be undone. However, we will work to protect your interests and your rights leading you through every step of the criminal justice system.

Once you re-released, you must follow the specific court order as to whether you can return to your family home. If the court order allows your return, you will be able to reside in the family dwelling so long as you maintain no violent contact with any resident of the home. If the court order prohibits residing at the residence, you must have a law enforcement officer escort you to obtain any essential personal belongings. The court order and law enforcement will only allow certain items removed from the family home. We can assist in your understanding of the court’s order and possibly file a motion seeking more liberal visits or even return to the family home.

You must follow the specific court order as to whether you may have contact with the alleged victim or other associated party to your case. If the court ordered no contact, you must not attempt to contact the person in any way. All forms of communication (personal meeting, telephone, email, text message, fax, etc.) are completely prohibited. In addition, you must not ask anyone to make contact on your behalf. If the court allowed contact, you may have permission to make contact with the alleged victim in the case. We will assure that your rights are protected and assist you in having appropriate contact, as ruled upon by the judge, with the other party to your case. If the order is unclear or you would like to see different terms, we may be able to file a motion on your behalf seeking favorable relief. Violation of a court order could lead to additional criminal charges including but not limited to: contempt or violation of a domestic violence injunction, if one is in place.

Once you are arrested, the State of Florida becomes a party to the charge against you. Although there is an individual listed as the alleged victim, the case will be styled, “The State of Florida vs. you”. Therefore, even if the victim does not want to press charges, the State may proceed with prosecution. We will discuss and negotiate matters with the State Attorney’s Office drawing attention to factors in your best interest and supporting your defense.