Sheppard, White, Kachergus & DeMaggio P.A.FindLaw IM Template2026-06-25T13:56:23Zhttps://www.sheppardwhite.com/feed/atom/WordPress/wp-content/uploads/sites/1404738/2022/07/cropped-SWKDW-Logo-ICON-Color-32x32.pngOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[Can drivers legally try to avoid DUI checkpoints?]]>https://www.sheppardwhite.com/?p=493522025-06-30T07:37:11Z2025-05-26T05:33:23ZDrivers can maneuver to avoid obstacles
A checkpoint or roadblock ahead is sometimes visible from a distance. Flashing lights and a line of stopped cars waiting to interact with officers can be a warning sign of mass enforcement efforts further up on the road.
Drivers who encounter checkpoints typically feel compelled to proceed through the roadblock. However, they also have the legal right to actively avoid the checkpoints. There is no rule that forbids drivers from changing their route or turning around.
A driver that notices a checkpoint ahead could turn off onto a different road or pull into a parking lot. In fact, provided that they can do so safely, a driver hoping to avoid a checkpoint could even perform a U-turn.
While there is no law prohibiting a maneuver intended to avoid a checkpoint, officers may have coworkers nearby specifically watching for those who avoid the checkpoint. Drivers may experience a one-on-one traffic stop, particularly in cases where they perform questionable maneuvers to avoid passing through a checkpoint.
After a checkpoint arrest, those accused of impaired driving still have options. Perhaps police officers let confirmation bias impact how they analyzed the situation. Maybe there’s an explanation for why the driver failed breath tests or field sobriety testing.
Motorists arrested at a checkpoint or near one on allegations of a DUI offense may need help developing a defense strategy. Reviewing the state's case and the situation at the time of an arrest with a skilled legal team can help drivers determine the best way to respond to pending DUI charges.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[Constructive Possession: What it Means and How it Can Affect You]]>https://www.sheppardwhite.com/?p=488322025-06-30T07:37:23Z2025-04-23T19:39:53ZOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[Can drivers refuse to perform field sobriety tests?]]>https://www.sheppardwhite.com/?p=488292025-06-30T07:37:31Z2025-04-11T05:43:16ZField sobriety tests are not mandatory
As a general rule, it is usually advisable to be respectful toward police officers during traffic stops. Following their instructions, acknowledging their statements and adopting an amicable attitude can go a long way toward limiting how tense a traffic stop becomes.
Drivers can comply with officers for the most part while still asserting their rights. They do have to provide identification to police officers. If an officer chooses to arrest them, then they may have a legal obligation to submit to a chemical breath test.
However, there is no rule mandating the performance of field sobriety tests, also sometimes called field sobriety exercises. Officers can request that drivers submit to these tests and document their performance on the tests as justification for an arrest.
There are no direct consequences for denying a request for field sobriety testing. Drivers can politely decline without risking additional criminal charges, enhanced penalties or immediate arrest. Even if drivers perform and fail field sobriety tests, it may be possible to challenge test results on the basis of medical issues or other complications that could undermine the accuracy of field sobriety tests.
Knowing and making use of basic civil rights can help people avoid unnecessary criminal charges. Those facing DUI allegations may need help reviewing the state's evidence and preparing a defense strategy to avoid a criminal conviction.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[Can the Police Take My Blood Without My Consent?]]>https://www.sheppardwhite.com/?p=488262025-06-30T07:37:42Z2025-03-12T13:40:21ZOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[How the law protects those who seek help for an overdose]]>https://www.sheppardwhite.com/?p=488192025-06-30T07:37:50Z2025-03-06T09:39:37Zlikely to be a drug overdose than in any other state.
Many of these overdose fatalities can be prevented if an affected individual gets emergency medical help. Unfortunately, people are often afraid that if they call 911 for someone suffering an overdose, they’ll be arrested and charged for their own illegal drug possession – as will the person overdosing. Too many people won’t even get help for themselves for that reason.
That’s why states, including Florida, started enacting “Good Samaritan”-type laws that provide some immunity from prosecution for those whose illegal drug possession is discovered only because they seek emergency help. Each state’s law is unique.
What does Florida law say?
Under Florida law, any person “acting in good faith who seeks medical assistance for an individual experiencing, or believed to be experiencing, an alcohol-related or a drug-related overdose” won’t be “arrested, charged, prosecuted, or penalized” for offenses involving possession of drugs and drug paraphernalia “if the evidence for such offense was obtained as a result of the person’s seeking medical assistance.” Further, if that possession puts them in violation of any terms of probation or parole, they won’t be penalized. This immunity applies to the person who sought help as well as to the person believed to be suffering the overdose -- whether that’s two different people or not.
The law doesn’t apply to all criminal offenses
Note that the law (just like those in other states) isn’t meant to be a “Get out of jail free” card for all criminal offenses. It’s meant to protect people who do the right thing from prosecution for their own personal drug possession at the time. The law states that seeking emergency help “may not be grounds for suppression of evidence in other criminal prosecutions.” It can’t hurt, however, to ensure that prosecutors understand the circumstances under which that evidence was found.
Yet, the law can’t guarantee that someone won’t be mistakenly arrested by police in the confusion of an overdose scene. That’s just one reason why it’s important for those who live in and visit Florida to know their rights and get legal guidance to protect them should something go wrong.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[“Ill, Tired, or Impaired:” Traffic Stop to Conduct a Welfare Check]]>https://www.sheppardwhite.com/?p=488162025-06-30T07:37:57Z2025-02-24T17:49:52ZOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[Can happy hour hangouts get motorists in DUI trouble?]]>https://www.sheppardwhite.com/?p=488132025-06-30T07:38:09Z2025-02-14T04:57:21Zdrinking during happy hour may help motorists make smarter choices and avoid trouble.
The risks of happy hour
Happy hour specials often encourage patrons to drink more than they normally would. This is due to enticing deals like “buy one, get one free” cocktails or heavily discounted cocktails. Coupled with the relaxed atmosphere, it may be easy for patrons to underestimate how much alcohol they’ve consumed. One might assume they’ve only had a little to drink, but by the time they leave the establishment, they might be intoxicated and have impaired judgment, slowed reaction time and poor coordination.
Many motorists might not be aware that alcohol impairment can start well before they feel “drunk.” Their blood alcohol concentration may exceed the legal limit without them realizing it. It’s important to note that even a BAC below the legal threshold can result in DUI trouble if law enforcement determines that a motorist is impaired.
For motorists with low alcohol tolerance, a single drink might cause impairment. Additionally, factors like body weight, metabolism and whether a motorist ate before happy hour can affect how alcohol impacts their body.
How to stay safe
Motorists may be able to avoid DUI trouble after happy hour by planning transportation beforehand to help ensure they don’t get behind the wheel while impaired. Motorists can arrange for a designated driver, use a rideshare service or rely on public transportation to get home safely. Motorists should also be mindful of how much they are drinking and recognize when it’s time to stop. Sipping water between alcoholic beverages, for example, can help slow alcohol consumption.
Motorists who get a DUI charge after attending a happy hour can benefit from legal support. The right legal team can help affected motorists steer clear of any unwarranted DUI charges.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[“Is That Sniff Up to Snuff? – That Dog Won’t Hunt.” Fifth District Court of Appeals Opinion on Ford v. Florida]]>https://www.sheppardwhite.com/?p=487892025-06-30T07:38:16Z2025-01-27T18:06:58ZOn Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[A common storage practice could lead to drug charges]]>https://www.sheppardwhite.com/?p=487872025-06-30T07:38:29Z2025-01-15T07:44:21Zcommonly abused medications. If those medications aren't in the packaging provided by a licensed pharmacy, the patient possessing them might be vulnerable to prosecution.
Pill planners can lead to legal complications
Many older adults and individuals with chronic medical challenges need help organizing their medication. They may use daily, weekly or monthly pill containers to track their doses of different medications. Such arrangements are unlikely to generate much attention in the privacy of an individual's home.
However, if people have to take medication at work or travel with it while on vacation, then those multi-day containers become a source of legal risk. Police officers who encounter someone in possession of medication in such containers cannot affirm that the individual has a valid prescription. They can't tell if the medication came from a licensed pharmacy when the medication is no longer in the original packaging.
Patients generally need to keep their medication in the original packaging when they intend to travel with the medication. Otherwise, police officers may suspect them of possessing the drug without a prescription or obtaining it from an unlicensed source. Those who use drugs associated with abuse may have more reason for concern than those using blood pressure medication. Sleep aids, pain medication, muscle relaxants and psychiatric drugs are among the various medications associated with abuse.
Individuals facing drug charges due to their storage or transportation practices may need help responding to their pending charges. Developing a criminal defense strategy can help those arrested for prescription medication avoid life-altering consequences over a simple misunderstanding.]]>On Behalf of Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law<![CDATA[What constitutes a “per se” DUI offense?]]>https://www.sheppardwhite.com/?p=487842025-06-30T07:38:36Z2024-12-16T10:43:17ZPolice officers pull over people when they show signs of intoxication at the wheel. Officers may also sometimes start to suspect that an individual may have had too much to drink after stopping them for another issue, such as failure to use a turn signal.
Driving under the influence (DUI) charges can result in numerous consequences if the driver accused pleads guilty. Many times, there are defense options available to those accused of drunk driving. The best defense strategy often depends on the basis for the charges. Some drivers end up feeling truly shocked about their pending DUI charges because a police officer didn't pull them over for poor performance on the road. They may face per se DUI charges rather than charges based on impaired ability.
What does per se mean?
The term per se means in itself or by itself. In the context of a drunk driving offense, the phrase refers to blood alcohol concentration (BAC). It is against the law for anyone to operate a motor vehicle when they know they have diminished capability due to chemical impairment. That rule applies regardless of chemical test results. It is also illegal in and of itself to drive while over the legal limit. A driver accused of per se DUI offense most likely failed a test that showed they were over the legal limit. In most cases, anyone whose BAC is 0.08% or higher could be at risk of DUI charges. Drivers in special circumstances may be at risk of arrest with a substantially lower BAC. Professionals operating commercial vehicles, such as 18-wheelers, must maintain a BAC below 0.04%. Those who aren't old enough to legally drink face an even stricter limit.
Why the nature of charges matters
When the crux of an entire criminal case is one piece of evidence, there can be several reasonable ways to address that evidence in a legal strategy. Seeking to exclude the evidence due to inappropriate police behavior or other technical violations can be an option in some cases. Other times, there may be a medical explanation that could raise questions about whether a driver truly broke the law. Understanding what constitutes a DUI offense is crucial for anyone who hopes to defend against a pending charge. Motorists often need help learning about the charges they face and planning how to respond effectively.]]>