What Is The DETER Program for DUI Arrest Cases? The State Attorney’s Office for the Twelfth Judicial Circuit, which prosecutes DUI arrest cases in Sarasota, Manatee and Desoto counties, has initiated a program for persons charged with DUI called…

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What is the Florida DMV Eligibility Review Hearing? The Florida DMV Eligibility Review Hearing is an administrative hearing for a person charged with a first offense DUI.  By exercising the right to this hearing, the driver will be allowed to…

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New Court Ruling Ends Nebbia Holds In Florida The Second District Court of Appeals on February 14, 2018 issued an opinion in  Casiano v. State, which effectively ends the use of Nebbia holds in the state courts of Florida.  A Nebbia…

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Is Butane Hash Oil Possession a Crime in Florida? Butane hash oil (BHO) possession is clearly a crime in Florida.  The only real question is whether BHO possession is a felony or a misdemeanor crime.  The Florida law which defines…

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Is Kratom Possession a Crime in Florida? As of February 2017, Kratom possession is not a crime in Florida, with the exception of Sarasota County. In January 2014 Sarasota passed a county ordinance, making it illegal to possess kratom, which it…

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What is Florida’s Romeo & Juliet Law? There is a potential way of avoiding the sex offender registry, which is commonly referred to as the Florida Romeo & Juliet law.  A person living in Florida who has been convicted of…

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HOW DOES A DRIVER BECOME A HABITUAL TRAFFIC OFFENDER IN THE STATE OF FLORIDA? A driver may become a Habitual Traffic Offender in Florida under several circumstances.  The statute which defines this is Florida statute 322.264, and states that if…

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WHAT IS THE NEW FLORIDA GOOD SAMARITAN LAW FOR MOTOR VEHICLES? A new Florida Good Samaritan law now gives an individual the right to break into another person’s motor vehicle if a “vulnerable person” or animal appears to be in…

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What is the Widman Act in Florida, and How Does It Affect My Violation of Probation Case? I recently learned of a Florida law known as the Widman Act because of a recent violation of probation case I handled.  A…

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The Second District Court of Appeals recently reversed Sarasota Judge Debra Riva on her March 24, 2016 ruling, which forced an inmate to remain in custody because of what is known as a Nebbia Hold. After the Nebbia Hold was…

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