Naples Legal Blog

Examining the exceptions to the .08 BAC limit

On behalf of The Caldarone Law Group, P.A. posted in Drunk Driving on Friday, August 17, 2018.

Most in Naples likely associate one number with drunk driving: .08. That is the blood-alcohol concentration limit at which a driver is considered to be legally impaired. Exactly how much alcohol must one consume to reach that point? Due to differences in body composition and metabolism rates, it is impossible to come up with a standard. For some, it may take a couple of drinks; for others, only a few ounces. Yet trying to understand how much one can drink before he or she cannot legally drive may end up being flawed logic as the application of the .08 standard is not universal.

For example, according to Florida's Department of Motor Vehicles, DUI regulations are much more strict for drivers under the age of 21. For such drivers, the legal BAC limit is actually lowered to .02. A driver in this age category will have his or her license suspended for 6 months for his or her first DUI conviction, and another full year if he or she is convicted of any subsequent DUI offenses.

Did you suffer any of the common types of car accident injuries?

On behalf of The Caldarone Law Group, P.A. on Tuesday, August 14, 2018.

Suffering a serious injury is never an enjoyable experience. You will undoubtedly have to endure physical pain and possible mental impacts, and you will likely also face financial struggles due to the medical bills and other financial effects of your injuries. As a result, you may worry that you will have to struggle for a considerable amount of time.

You may have been one of the numerous people who suffered injuries as the result of a car accident. These incidents are common, and if another person caused the crash that resulted in your injuries, you may have reason to take legal action in order to seek compensation for the damages suffered.

Detailing legal opioid medication supplies

On behalf of The Caldarone Law Group, P.A. posted in Drug Charges on Friday, August 10, 2018.

Recent news reports suggest that the abuse of opioids in prescription drugs has reached near-epic proportions both in Naples and throughout the rest of the U.S. The rise in prescription medication abuse has prompted legislation that some might even accuse of deterring doctors from prescribing drugs when they may be warranted. Many clients come to us here at The Caldarone Law Group, P.A. confused as to whether their prescription drug use might be considered criminal. If you share the same concern, know that understanding the laws regarding medication prescribing and use may help protect you (and your doctor) from facing criminal accusations.

The law specifically addressing the prescribing of certain opioid medications recently changes in Florida. According to the Florida Medical Association, new legislation introduced in March of this year amended the law concerning the amount of opioids your doctor can prescribe. According to the new regulations, when dealing with acute pain (which is defined as the normal physiological and time-limited response related to trauma, progressive illness or surgery), your doctor can only prescribe a three-day supply of opioid medications (as defined in Schedule II of the state's drug schedules).

Can whiplash occur at low speeds?

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Friday, August 3, 2018.

Say that you are stopped at an intersection in Naples when another car bumps into you from the rear. You are slightly jarred by the accident, but after getting out and inspecting your vehicle, you do not see any visible damage and, despite a little soreness in your neck or shoulders, you feel no worse for the wear. Before simply accepting the other driver's apology and agreeing to not exchange any insurance information or other details, remember that accident damage might not be immediately apparent.

In fact, that slight pain that you are feeling could potentially be a significant problem: whiplash. Yet can whiplash occur at collisions at slow speeds? You need to first understand the nature of such an injury in order to answer this question.

Understanding the drug possession charges against you

On behalf of The Caldarone Law Group, P.A. on Wednesday, August 1, 2018.

Florida readers know drug charges of any kind can be a significant threat to their futures and freedom. Some people facing allegations of drug possession may not think their case is that serious, but in reality, a conviction can alter the course of one's life. Any criminal charge that is threatening your future merits a strong defense.

Drug possession charges can range in severity, and the gravity of your situation depends on the individual factors of your case. Regardless of the evidence against you, it is in your best interests to act quickly to secure the appropriate defense help. Willfully possessing illegal drugs can be both a state and federal crime.

Drunk driving in Florida is a serious matter

On behalf of The Caldarone Law Group, P.A. posted in Drunk Driving on Sunday, July 29, 2018.

It’s no secret that drunk driving can be deadly. Unfortunately, many drivers in Florida and all over the nation still take to the roads inebriated, which can end in physical injury, property damage, or even loss of life. To illustrate the threat that driving while intoxicated poses all drivers, the Centers for Disease Control & Prevention offer the following information.

What Florida Drivers Should Know

Top 3 dangerous driving behaviors

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Sunday, July 22, 2018.

Florida drivers must keep safety in mind at all times. That means following traffic rules and regulations while also avoiding dangerous driving behaviors when on the road. Road & Track highlights three dangerous behaviors and what can happen when drivers fail to make safety a top priority.

Not Paying Attention to Weather Conditions

Liability and who is really to blame for your accident

On behalf of The Caldarone Law Group, P.A. on Tuesday, July 17, 2018.

Florida readers understand the importance of holding the appropriate parties accountable after a car accident. Victims have the right to seek compensation from the individuals responsible for their pain and suffering, but sometimes it can be difficult to determine who is actually liable. This is an important, yet potentially complex, step in building a strong personal injury claim.

If you were hurt in a car accident caused by the negligent or reckless actions of another driver, the person behind the wheel is likely the one liable for damages. However, that is not always the case. It is smart to seek an evaluation of your case in order to identify all liable parties before you move forward with your claim.

Should you call the police for a parking lot accident?

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Tuesday, July 10, 2018.

Motorists involved in Florida car crashes generally know to call the police, but what if an auto accident occurs in a parking lot? A parking lot is not a public road, so some drivers may be confused as to what to do. However, just because your Naples accident takes place in a parking lot does not mean that you should veto phoning the police. In fact, contacting the police may be very important.

A collision in a parking lot can involve damage to vehicles and injury to people just as a crash on a street or highway can. For that reason you should call in emergency help if anyone is injured. However, even if no one is hurt, an article in U.S. News and World Report recommends that you call the police anyway to file a report on the accident. If the other party tries to later claim you were at fault and sue for damages, you are left with your word against the word of the other party if there is no police report.

Can third parties be held liable for drunk driving accidents?

On behalf of The Caldarone Law Group, P.A. posted in Drunk Driving on Friday, July 6, 2018.

After having been involved in a drunk driving accident in Naples, you first question might be who would allow the person that caused your collision to not only become intoxicated, but then to drive? Oftentimes there may not only be one person that shares the burden of the blame in an accident. In the case of drunk driver, there is the person or party that allowed him or her to drive after drinking in the first place. After considering this, you may then whether you can hold such parties responsible for the injuries and damages you (and others) sustained in your accident?

There are indeed that assign third-party liability in drunk driving cases. These are often referred to as "dram shop laws" or "social host laws." Dram shop laws allow you to go after an establishment that serves drinks to an intoxicated patron, while a social host law may allow you to hold a private party responsible for serving alcohol to a guest at an event he or she was hosting.