Naples Legal Blog

Be wary of open-ended questions during a DUI interrogation

On behalf of The Caldarone Law Group, P.A. on Friday, December 14, 2018.

When you were a child, your parents and other adults likely told you to trust police officers. In the event that you became lost or afraid, and could not find your parents, you may have known to find a police officer. While most of these individuals live up to their duty to protect and serve, you may want to rethink trusting officers if they pull over your vehicle on suspicion of DUI.

While you should remain wary of officers in this type of situation -- after all, they are looking to gather evidence against you -- you do not have to come across as disrespectful. Rather than giving an officer additional reason to find you combative, you may instead simply want to exercise your right under the Fifth Amendment to remain silent when questioned by police.

Car crashes and driving once again

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Sunday, December 9, 2018.

Although the physical consequences of a motor vehicle crash can be devastating, some people overlook the emotional impact of an auto accident. For example, some people may be so traumatized by the collision that they decide never to drive again or experience high levels of anxiety while behind the wheel. Unfortunately, this can be very disruptive in a person’s life, making it hard for them to get to work and handle daily responsibilities such as buying groceries. If you are struggling with mental trauma after a collision, it is important to handle your circumstances carefully and make sure that you are ready to return to the road before getting behind the wheel again.

Auto accidents can leave some victims with post-traumatic stress disorder and other emotional challenges, such as depression and anxiety. These challenges may subside after a certain period of time, or they may last for the rest of a victim’s life. Tragically, many reckless drivers have permanently shattered victims’ confidence behind the wheel and some will never be the same. Whether you decide to move forward with therapy or just need some time to recover mentally, this is perfectly understandable after a serious car crash.

Reviewing your obligations regarding seat belts

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Friday, December 7, 2018.

No one gets into a car in Naples thinking that they are going to be involved in an accident. Thus, it is not unreasonable to assume that there may be a time when a passenger that you are transporting forgets to buckle theirs. They may be assuming the risk of injury if you do happen to experience; could you be at risk of liability? Many come to us here at The Caldarone Law Group, P.A. with this very question. While a definitive answer may not be available in all situations, you should at least know that it is a possibility.

Consider your vehicle to be your property. As a property owner, you have a duty to protect those who enter it from risks that are known and unknown. As was mentioned earlier, few may anticipate a car accident, yet you at least know that being involved in one is a possibility. This could be seen as a known risk that you are expected to protect passengers from.

Stopping truck drivers from texting behind the wheel saves lives

On behalf of The Caldarone Law Group, P.A. on Friday, November 30, 2018.

Driving an 18-wheeler can be a lonely job. Many truck drivers spend several hours a day by themselves in the cabs of their trucks. In previous decades, their only method of contact was through CB radios. They could go days without hearing from their families who could live several states away.

As technologies improved, truck drivers could remain better connected to the people they love. Cell phones dramatically changed the way that they communicate with their families and friends at home. It may still be a lonely job, but at least they can maintain a connection. The problem is that many drivers tend to do so while they drive.

What are the consequences of driving under the influence?

On behalf of The Caldarone Law Group, P.A. posted in Drunk Driving on Sunday, November 25, 2018.

If you have been charged with driving under the influence in Florida, you may be facing an uncertain future as you await the news about what your consequences will be. Vowing now to change your life and to never drive drunk again is imperative to your ability to rebuild damaged relationships, rebuild trust and give yourself a winning shot at being able to live a productive and happy life in your future.

While the split-second decision to drive under the influence may not seem like much of an issue at first thought, think again. Your irrational decision instantly puts the lives of you, any passengers in your vehicle and everyone around you at extreme risk. In severe cases, you could end up badly injuring someone or worse, killing someone. If you have consumed any alcohol, it is imperative that you reach out to someone who is sober and request their assistance in getting home.

Where are drug charges considered more serious?

On behalf of The Caldarone Law Group, P.A. posted in Drug Charges on Friday, November 23, 2018.

No one in Naples ever wants to face the prospect of being convicted on drug charges, yet if you do happen to be arrested for a drug offense, you want to ensure that you are only charged with that which is directly applicable to your alleged actions. Law enforcement authorities will often look for aggravating factors in a case that seemingly make it more serious. This may simply be a way to embellish the drug charges against you in order to strengthen their case. Thus, you should be wary of any attempts to do this against you and how you might be able to challenge them.

The state views the seriousness of a drug offense from the context in which it allegedly occurred. For example, an arrest for possession of a controlled substance may only result in a misdemeanor offense. However, according to Section 893.13 of Florida's state statutes, the charges you face may become more serious if you are accused of selling, manufacturing or possessing with intent to distribute within 1,000 feet of any of the following locations:

A public or private college, university or postsecondary educational institution
A location where a church routinely conducts its religious services
A public housing facility
An assisted living facility
A grocery store or gas station

Pedestrians face greater danger than ever before

On behalf of The Caldarone Law Group, P.A. on Tuesday, November 20, 2018.

It is becoming more dangerous to be a pedestrian in Florida and other states. Recent studies show that pedestrian accidents are occurring more frequently and becoming deadlier. This means you do not necessarily have to walk long distances to be in danger. You may be at risk by simply crossing the street or walking across a parking lot to your car.

Injuries you may suffer in a pedestrian accident can be extensive and life-changing. The trend indicates that you have a higher chance of catastrophic or even fatal injuries than in recent years. If you do suffer injuries as a pedestrian, you have the right to seek compensation from every possible source.

How can a DUI conviction impact my life?

On behalf of The Caldarone Law Group, P.A. posted in Drunk Driving on Sunday, November 18, 2018.

As you likely already know, or at least suspect, a DUI conviction is not a good thing to have on your Florida driving record. Not only can such a conviction put your driving privileges at risk, it can have other negative impacts on your life as well.

As FindLaw explains, any type of a criminal conviction, including a DUI, can greatly decrease your chances of obtaining a good job. For instance, if you require a professional license to work in your chosen field, the state licensing board could refuse to grant you a license or rescind the one you already have once you receive a criminal conviction.

Awareness can reduce the chance of accidents with big rigs

On behalf of The Caldarone Law Group, P.A. on Sunday, November 11, 2018.

As Florida readers know, accidents with large trucks can have devastating consequences. It is in the interests of all drivers to be intentional about driving carefully around these larger, heavier vehicles. Even just a moment of distraction or one simple mistake from a trucker or other driver can lead to a serious or fatal collision.

Truck drivers play a crucial role in the economy. Thanks to semitrailers, it is possible to transport necessary goods and products around the country. However, drivers often fail to understand the danger of driving recklessly around these vehicles. Through awareness and cautious driving, all motorists can make the roads safer for themselves and others around them.

Icy roads in the early morning

On behalf of The Caldarone Law Group, P.A. posted in Car Accidents on Friday, November 2, 2018.

If you live in a part of the country that sees colder weather during November and the winter months, it is especially important to be mindful of various weather-related hazards that you may encounter while driving. Aside from snowfall and heavy rain, you may also come across ice on the road, which can be especially dangerous in the early morning hours for various reasons. Unfortunately, auto accidents caused by icy roads have claimed so many lives over the years and many victims have also been injured in these collisions.

In the early hours of the morning, snow plows may not have taken to the roads yet and there may be less traffic, which can make ice especially problematic. To make things worse, many people are in a rush during this time of day, such as those who need to get to work, and visibility can also be poor during this time. All of these factors can increase the chances of an accident caused by ice and even if you drive carefully, someone else may lose control of their vehicle and slam into you.