The Caldarone Law Group, P.A.Naples Criminal Defense & Personal Injury Lawyers | Caldarone Law Group2024-03-25T15:39:38Zhttps://www.caldaronelawgroup.com/feed/atom/WordPress/wp-content/uploads/sites/1502357/2020/04/cropped-og-image-1-32x32.pngOn Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=501002024-03-25T15:39:38Z2024-03-25T15:39:38Zresponding to spring break debauchery by implementing increased parking fees and curfews to deter travelers. However, those hoping to party during spring break can always find new places to visit when major destinations turn them away. They might also visit areas trying to deter spring break travelers and break the law while on vacation.
Hundreds of families every year, if not more, have to cope with the aftermath of the young adults getting arrested during spring break. Parents who take the three steps below may be able to help their college students reduce the impact of a spring break mistake.
Securing legal representation
College students lack the mental development necessary to understand the long-term impact of their actions in many cases. They also lack the income to afford the best support after their arrest. Parents can make a major difference by retaining a lawyer on behalf of their child to handle spring break criminal charges on their behalf. College students with legal representation may have a better chance of securing a favorable outcome.
Communicating the possible consequences
College students often take for granted that they are allowed to make a couple of major mistakes with few consequences. They expect lenient treatment not just from their families but also from the criminal justice system. While helping a student handle criminal charges, it is crucial to impress upon them the potential consequences of their choices. From the criminal penalties possible if they plead guilty to the impact a criminal record could have on their education and career, parents need to ensure that young adults understand what is at risk. That information could help them make better choices in the future.
Supporting them at school, not just in court
A criminal defense attorney can help a college student better handle accusations related to spring break activity. Someone's lawyer can also provide advocacy during disciplinary hearings at a college or university. In some cases, on-campus discipline may move forward even if a student avoids a criminal conviction. Investing in support during those proceedings can be as important for a young adult's future opportunities as ensuring they have support in criminal court.
Parents who support their college students while ensuring that they learn from their mistakes can turn a stressful criminal charge into an opportunity for growth. Helping college students overcome their youthful mistakes may lead them toward a brighter future.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500992024-03-18T07:55:40Z2024-03-18T07:55:40ZWhy a DUI is a big deal for security clearance
When the government looks at giving someone a security clearance, they want to make sure that person is trustworthy and responsible. Getting in trouble for drunk driving may make them think twice. It is not just about breaking the law. It is about showing that you might not make safe choices. This is especially important in jobs where making good decisions is a big part of keeping the country safe.
Even if you already have security clearance, getting a DUI does not mean you will automatically lose it. However, it does mean your clearance will be reviewed. The review will look at things like how serious the DUI was, if you have gotten in trouble like this before and what you have done to fix the problem. They want to see if you have learned from your mistake and if you are working to get better.
What you can do
If you find yourself in this situation, it's not the end of the world. Being honest about what happened and showing that you are taking steps to improve, like going to driving classes or counseling, can help. It is also a good idea to talk to someone who knows a lot about security clearances to get advice on the best way to handle things.
A DUI can make things tricky if you need a security clearance for your job. But by taking responsibility and showing you are serious about making better choices, you can work through it.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500972024-03-15T21:58:16Z2024-03-10T01:40:36Zimpaired driving crash can also lead to two different types of court cases for an alleged drunk driver.
While the United States Constitution forbids double jeopardy in criminal matters. Yet, a drunk driver facing the two different kinds of cases discussed here doesn’t fall under that umbrella. This is because the two cases have different purposes: one takes place in criminal court, and the other takes place in civil court.
Both cases are independent of each other
Criminal and civil cases are independent of each other. This means that the outcome of one case doesn’t depend on the outcome of the other. Instead, each case has to be handled separately.
A criminal case focuses on punishing a person for doing wrong. The standard for a conviction is “beyond a reasonable doubt” for these cases. This is a much stricter standard than the standard for a civil case. In a civil case, the requirement is that the complainant must show by the “preponderance of the evidence” that the defendant’s actions led to the injuries of the complainant.
Outcomes can vary
If a person is found guilty of the criminal charges and liable in the civil case, they can incur penalties for both. This could mean time in prison, fines, alcohol classes and monetary awards. The penalties of each case don’t impact the penalties in the other.
The way each case is handled can vary greatly because of the nature of them. Having different defense strategies is critical so they can be tailored to the factors that will matter during the case at hand.
Defendants should work with a legal representative who can assist them with developing a strategy for each of these cases. Because these matters are so complex, and given all that is at stake, it’s best for defendants to get started on these cases as quickly as possible.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500962024-02-29T05:55:54Z2024-02-29T05:55:54ZDrunk driving statistics
It may not surprise many to learn that repeat offenders contribute to numerous drunk driving statistics. Someone struggling with severe alcohol use disorder problems may continue to drink and drive even after previous arrests and punishments. The addiction issues will not likely legally excuse the person from criminal or civil consequences, but the offender may still continue to drive intoxicated.
Equally unsurprising to many would be how age factors into the mix. Per NHTSA data, 27% of young persons between the ages of 21 and 24 were involved in fatal drunk driving crashes. 21 is the legal age to consume alcohol, which may factor into the problem. Some young drivers might not realize how seriously alcohol affects driving, leading them to take risks. That said, there are people in several other age demographics involved in fatal DUI crashes.
Consequences of drunk driving
When someone drives under the influence, avoiding car accidents becomes challenging because of alcohol's effects on reactions and perceptions. Despite several near misses, a person prone to drinking and driving may continue such behavior until becoming involved in a disastrous collision. Such an incident may result in criminal prosecutions and civil lawsuits.
Accident victims might file insurance claims to recover losses. When a drunk driving incident results in a fatality or a catastrophic injury, the victims may seek punitive damages. Seeking such damages might require filing a lawsuit regardless of an insurance claim.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500902024-02-13T08:46:01Z2024-02-13T08:46:01ZLack of probable cause
Police aren’t permitted to randomly stop drivers and arrest them for drunk driving; they must have probable cause. For example, if a driver runs a red light, it’s a good reason for a police officer to make them stop. If no such reason exists and an officer makes someone take a breath test, the person can challenge the results.
Improper calibration
Breath tests must be properly calibrated or they won’t work, and they can produce inaccurate blood alcohol concentration readings. Arguing this point could result in the charges being thrown out.
Lack of proper training
Police must have the proper training needed to administer a breath test. The results may be inaccurate if they don’t know how it works and ask a driver to submit. This gives the person grounds for challenging the breath test.
Certain medications
Many people take medications that contain alcohol or other substances that can skew breath test results. Certain cough syrups, oral pain relievers, asthma inhalers and even mouthwash are a few examples that can cause false readings. If a driver uses any of these products and faces a drunk driving arrest, they can challenge the test results.
Medical conditions
Some medical conditions can also result in false breath test results. Acid reflux, hypoglycemia and even obesity can distort a reading. A doctor might even be called to argue about how a person's medical condition can cause false breath test results.
Using your wits is crucial if you face drunk driving charges. If you weren’t drinking, one of these arguments might exonerate you.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500882024-01-24T21:43:43Z2024-01-24T21:43:43ZFines, jail time and community service
Whether you receive your first DUI or are a repeat offender, getting a DUI means paying fines and spending time in jail. In Florida, DUI fines vary from around $500 to upwards of $2,000 if you're a first-time offender. Repeat offenders or those with minors present during the DUI stop often pay higher fines, which can approach $4,000.
Reporting to Florida's nursing board
After being convicted of drunk driving, you must report your DUI to the Florida Board of Nursing within 30 days after entering a plea or being found guilty. Having to make this report also applies to no-contest DUI charges. After doing that, the board will investigate the details of your DUI-related incident. This investigation can include looking for police reports or other details.
Job-related changes
It's understandable for a nurse to worry about the future of their job post-DUI conviction. Unfortunately, it's impossible to know the exact outcome ahead of your nursing or health board's decision. Possible outcomes can include a job suspension or a complete revocation of your nursing license. However, that's not always the outcome. Depending on the details of your situation, you might be able to return to your job immediately.
The aftermath of a DUI can be a stressful time. That's why many people in this situation often try to get their DUI conviction downgraded to a reckless driving charge.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500862024-01-19T00:32:45Z2024-01-19T00:09:56ZDo not leave the scene
In most cases, it is best not to leave the scene of a car accident, whether you’re at fault or not. If it’s possible, pull your vehicle to the side of the road to avoid further car accidents. If you’re injured, even if it’s minor, contact 911. Law enforcement will arrive to investigate, and they can ensure that other emergency services arrive to care for you or anyone else who has been injured in the accident.
Do not underestimate your injuries
You might feel very little pain after the accident. However, once the adrenaline wears off, what you thought were minor injuries can turn into something serious. For this reason, you must get medical attention after an accident, even if you think your injuries are minor. A doctor can give you medication for pain that will ease your discomfort in the days following the accident when the pain gets worse. Also, a doctor can document injuries in case you need the information in the future.
Avoid certain communication
Insurance companies often contact injured individuals right after an accident. They realize that the injured person is vulnerable and hope that the injured person lacks legal representation. Talking to the other party's insurance company is a bad idea because you don't know the severity of your injuries. Many injuries reveal themselves fully only after several days. Only then will you understand the amount needed for your recovery. Instead of speaking to the other party's insurance company, promptly contact your insurance company and file a claim with them.
Safeguard yourself moving forward
A car accident can negatively alter your life quickly. However, by maintaining your composure, obtaining necessary medical attention and making informed decisions, you can safeguard yourself moving forward.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500852024-01-11T14:20:17Z2024-01-11T14:20:17ZRainy weather is surprisingly dangerous
When looking at federal data about car crashes related to weather, the biggest hazard surprises most people. Snowy and icy streets that Florida visitors often want to escape only cause a minority of the weather-related crashes that happen each year.
Wet pavement is actually the leading cause of weather-related collisions. According to a review of federal collision data, roughly 75% of crashes attributed to weather in the United States occur when the roads are wet. Rain storms themselves cause 47% of weather-related collisions. Falling rain can affect driving safety and visibility. However, the wet pavement left behind after the storm ends is a serious safety concern that can affect tire traction.
Drivers can experience increased stopping distances and decreased ability to maneuver accurately on wet pavement. They need to leave more space between their vehicle and others while also maintaining lower speeds. Most drivers in Florida do not make significant changes to their driving habits when the weather leaves wet pavement behind.
Those involved in weather-related collisions do not receive immunity from personal responsibility. Motorists should adjust their driving habits to reflect current road conditions. Someone involved in a crash caused by someone driving too fast or too close while the pavement is wet may have reason to blame that other motorist for the crash that occurred. They may be able to pursue a liability insurance claim or possibly even a personal injury lawsuit if they have significant expenses.
Ultimately, connecting collision risk to weather patterns in Florida may help people reduce their risk of a wreck.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500842024-01-09T05:58:21Z2024-01-09T05:58:21ZWhat is the walk-and-turn test?
The walk-and-turn test is one of three standardized field sobriety tests. The National Highway Traffic Safety Administration (NHTSA) standardized this test as a field indicator of alcohol impairment for use in drunk driving cases. However, the NHTSA admits that the walk-and-turn test is only accurate 66% of the time, which means that 34% of people who submit to this test fail it even though they are sober.
What is the testing procedure?
Police officers are trained to administer the walk-and-turn test by asking the test-taker to stand with their hands at their sides while placing their feet heel to toe while the officer reads the instructions. The test-taker will then be asked to walk nine, heel-to-toe steps on an imaginary line, pivot, and walk nine, heel-to-toe steps back to the starting point. During the test, the officer will observe the individual and mark down any mistakes they make, including stumbling, stepping off the line, lifting the arms, or failing to count steps out loud while walking.
Failing the walk-and-turn and other standardized field sobriety tests can be used by the police to secure probable cause for an arrest. However, people are not mandated to submit to field sobriety tests when asked to complete them by the police. If they do, the prosecutor can use their performance on the walk-and-turn and other tests as evidence that they were under the influence of alcohol while driving. If the test is administered incorrectly, it can be challenged in court, however.]]>On Behalf of The Caldarone Law Group, P.A.https://www.caldaronelawgroup.com/?p=500822024-01-08T21:53:20Z2024-01-08T21:53:20ZWhen an officer believes there is a weapon
Florida's stop-and-frisk law is very clear. Officers have the right to speak with individuals and to verify their identity if they suspect they may have engaged in criminal activity or intended to commit a crime. However, actually searching someone's person requires more than just a general suspicion of illegal activity. Officers need to reasonably suspect that the person may have a weapon in their possession. Officers can frisk people to check them for weapons but not other contraband, such as drugs.
When an officer arrests someone
Once an officer has probable cause to believe that a crime actually occurred, they can arrest the person that they suspect of criminal activity. It could cause numerous safety issues to allow people to bring weapons and other contraband into state facilities. Therefore, the arrest process typically involves a thorough search of someone's person. What police officers find when searching someone after arresting them might potentially lead to additional criminal charges or strengthen the claims that they make against that person.
Far too many people make the mistake of waiving their rights by giving police officers permission to search them physically during an encounter in public. Those who know and make use of their rights are less likely to make mistakes that increase their chances of criminal prosecution.]]>