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Sarasota, Florida, criminal defense blog

Ignition interlock devices can cause distracted driving

Many states, including Florida, require certain people convicted of a DUI to use ignition interlock devices in their cars. These devices make drivers test their blood alcohol concentration (BAC) with a breath test before being able to start the vehicle. While many view ignition interlock devices as a great solution to drunk driving, some say they cause unforeseen problems.

When an ignition interlock device is installed, the car cannot be turned on without a breath test. As the car drives down the road, the device will beep at random times, requiring another test. If the driver ignores the test, the device will shut the car off.

Yes, prescribed medication can lead to DUIs for Florida drivers

Many people who decide to drive while chemically impaired may not even realize they broke the law in doing so. Although alcohol is the most common mind-altering substance involved in impaired driving charges, driving under the influence of any drug that impacts your ability to drive is a violation of Florida law. That could include driving after taking prescribed medication, even if you use it the exact way that your doctor recommends.

You may feel like you trust your own ability to drive safely after taking a medication you have used for some time. However, you may underestimate how the medication you take affects you. If law enforcement pulls you over for erratic driving and finds out that you have taken prescription medication or used medical marijuana, that could be adequate grounds for them to arrest you for impaired driving immediately.

Do I need a license to sell or make CBD products in Florida?

It depends. Florida's state hemp program is now law and the Florida Department of Agriculture and Consumer Services (FDACS) is currently drafting the rules that will be used to implement the program around the state. Based upon recent Hemp Rules Workshops held by the FDACS, the regulations regarding the sale and manufacturing of CBD products will differ. For instance, the Hemp Rules Workshop discussed permitting hemp extract in pet food, pet treats specialty pet food and specialty pet treats. Special rules for labels on these products will likely exist. As for Hemp Extract, or CBD, in food, these products will likely need to meet FDACS inspection requirements or provide some sort of evidence related to the source of the CBD and meet all food safety regulations. The FDACS draft rules contained a subsection on Hemp Food Establishments and therefore it can be assumed that selling food containing Hemp Extract (CBD) is likely going to be a reality in Florida and those wishing to participate should contact a lawyer to assist with the permitting, fees, and regulations associated with the new business. Contact McIntosh Law P.A. for answers to your CBD license questions.

Do I need a license to grow Hemp in Florida?

Florida's state hemp program is now law and the Florida Department of Agriculture and Consumer Services (FDACS) is currently drafting the rules that will be used to implement the program around the state. Based upon recent Hemp Rules Workshops held by the FDACS, here are some anticipated rules for those who want to grow hemp in Florida. First, to cultivate hemp in Florida, a person is likely going to need a license issued by the FDACS. Second, the person cultivating the hemp is likely going to need to describe the location (address or legal description), or plot, where the hemp will be grown. Third, the grower is likely going to need to take and pass an FDLE background check. FDACS also anticipates drafting rules regulating seeds, animal feed, labeling, commercial testing, and other areas. Contact McIntosh Law P.A. for answers to your hemp license questions.

How criminal charges can impact your higher education plans

Maybe you have decided to go back to school after several years of working in your profession in order to command a higher salary or pursue upward advancement. Maybe you followed a more traditional route of applying to college right after high school. It's even possible that you already have a college degree and want to finish a graduate degree now.

Regardless of what form of higher education you wish to pursue and what age you are, any criminal charges you face before you apply or during your enrollment could have an immediate and negative effect on your educational aspirations. Even juvenile offenses can cause future issues.

4 unexpected consequences of a DUI

Drinking and driving is a crime. In the state of Florida, the penalties for this crime may include fines, jail time and driver's license revocation. You may think that once you pay your money or do your time, it's over--and you can move on with your life. However, a DUI can carry longer- term consequences that you may not expect.

In today's post, we examine some of the issues you could face with a DUI on your record:

Florida teachers facing criminal charges can lose their jobs

There are federal protections in place that protect individuals facing criminal charges from double jeopardy. Double jeopardy is a term that refers to the ability of the government to bring charges more than once related to the same unique criminal offense or act.

Many people confuse the concept of double jeopardy with protection from civil action or secondary, non-criminal consequences. However, double jeopardy only applies to criminal charges relating to a single incident or event. It does not protect individuals from facing secondary consequences regardless of whether they wind up convicted.

When can my child be tried as an adult?

Finding out that your child has been charged with a crime can be incredibly painful. You’ve worked hard to raise your kids, and you never expected something like this. You might know that they are innocent, but you might also worry about whether anyone else is going to believe that.

You might have heard the phrase “trial as an adult” before and worry that your child might be the next case. This would mean that your child’s record would be publicly available, and they would face harsher penalties. There are two questions that determine where your child’s case goes.

The problem with chemical tests for driving impairment

Impaired driving, which is the legal term for driving while under the influence of intoxicating compounds like alcohol or drugs, is a serious problem on the modern roadways. Most people think of alcohol when they think of impaired driving. However, prescription drugs and recreational substances also play a role in impaired driving issues.

Unlike with alcohol, which has a roadside breath test to help law enforcement officers detect and prove impairment, chemical impairment related to prescription or recreational drug use is harder to verify. Even though there are testing methods available, these are not always as reliable as people might imagine.

Can my medical condition act as a DUI defense?

It's common for a person to be pulled over by law enforcement officials because they were driving in an unusual way. The nature of the driving may not have been dangerous, but it could lead law enforcement officials to automatically suspect that the driver could be under the influence of alcohol.

If you are pulled over by law enforcement officials, it is likely that you will be asked whether you have consumed any alcohol or drugs. They will probably also demand that you perform a Breathalyzer test to determine your blood alcohol concentration (BAC). If your BAC is determined by the test to be 0.08% or higher, you will face DUI charges.

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