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Author Archives: Morgan Constable
When planning an evening out with friends, it is important to always appoint a designated driver to take you from point A to point B if alcohol is involved. You may predict that one beer won’t impair your judgment or significantly increase your Blood Alcohol Level, but the way your body absorbs alcohol varies depending on a variety of factors. These factors range from your body weight to how much food you’ve eaten on a particular day. Moreover, when people estimate of how many drinks it takes to become intoxicated or impaired, they tend to think that more drinks cause less damage than they actually do. See the chart below.
So what Blood Alcohol Level can land you in trouble? It depends on your age and occupation. If you are over the age of 21 and legally able to drink, you will receive a DUI if you receive a breath test which reveals a Blood Alcohol Level of .08 or above. If you operate a commercial vehicle and have a commercial driving license, the threshold for a DUI is even lower. In other words, if you are caught operating a commercial vehicle with a Blood Alcohol level of .04 or above, you are likely to receive a DUI. Lastly, it is common knowledge that if you are under the age of 21, you are not legally permitted to consume any amount of alcohol. Therefore, a breath test which reveals a Blood Alcohol level of .02 more in a minor driver, will likely result in a DUI charge for that individual.
BLUE = Impaired Driver RED = Legally Drunk Driver
|Weight||Number of Drinks|
This table is provided as a reference and it should not be relied upon to determine whether you are capable of operating a motor vehicle. Always keep in mind that there are a number of variables that can influence whether you are legally qualified to drive.
If you or someone you know has received a DUI charge, you need to consult with an experienced DUI attorney like Mustafa Ameen, Esq., or Andrew Shafii, Esq. They are former prosecutors who are committed to defending your rights. For your free consultation, call the Law Office of Ameen and Shafii today at 813-436-4357.
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Receiving a traffic infraction can be expensive and time-consuming. Depending on the severity of your infraction, you can receive fines for up to $500 or mandatory court appearances in front of a judge. Aside from dealing with deadlines and the threat of facing a suspension if you do not meet them, there are lasting consequences that can affect the way your insurance company treats you following receipt of a traffic infraction.
Florida law assigns point values for each moving violation you receive, depending on the severity of your violation. For example, lesser infractions such as violating a right of way are associated with low point values and stay with you for only a short period of time. More serious moving violations such as Careless Driving are associated with higher point values and may remain on your record permanently. So, how do points affect the way you are covered?
Points on your license affect your driving record and help your insurance company determine whether you are a low, moderate, or high-risk driver. Low-risk drivers have lower premiums, while moderate to high-risk drivers are considered more expensive to insure. This is because insurance companies view moderate to high-risk drivers as more likely to get into accidents and cost them money. As a result, rates tend to increase with a high number of minor traffic tickets or one or more severe traffic infractions.
Because you can’t predict exactly how your insurance rates will be affected based on your infraction, it helps to hire an experienced traffic attorney who will attend court on your behalf and fight for a reduced fine and no points on your license. If you receive a traffic ticket, do not admit to guilt. Call the Law Office of Ameen and Shafii at 1-813-436-4357 to defend your rights and keep your insurance premiums at a low rate.
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Imagine you are about to make your way home from your favorite hang out after an evening of visiting with some friends. You have 3 or 4 drinks over the span of an hour or so and feel slightly buzzed, but decide to drive home instead of calling a sober friend or taking an expensive taxi. To avoid smelling like alcohol, you spray some cologne, pop a piece of gum in your mouth and begin to drive away—but if you think that eliminating the smell of alcohol eliminates an officer’s probable cause to conduct a DUI investigation—think again.
Even without the strong or obvious smell of alcohol emanating from your vehicle, an officer may garner probable cause from an array of other circumstances. For instance, if you are exhibiting other signs of intoxication such as blood shot eyes, slurred words, difficulty following conversation, or any combination of these or other red flags, an officer may be able to establish probable cause for a DUI investigation based on “the totality of the circumstances”. In other words, all an officer needs to run a valid DUI investigation is the sufficient exigent evidence to establish reasonable grounds for it.
If you or someone you know has been charged with a DUI in Hillsborough, Pasco, Pinellas, Manatee, or Sarasota County, call the Law Office of Ameen and Shafii at 813-436-4357 for your free DUI consultation. Andrew Shafii, Esq., and Mustafa Ameen, Esq., are experienced DUI attorneys and former prosecutors who can answer any questions you may have about your rights as well as possible defenses you may have to your charge.
Have you or someone you’ve known been charged with theft in Tampa, Florida? This charge can have a far-reaching impact on the rest of your life in terms of your livelihood, housing qualifications, and how society perceives you in general. When facing a charge like theft, it is important to know the laws where one will be prosecuted and how one can defend his case. For example, penalties for theft vary depending on the degree of the charge. Degrees are determined largely by the property value of the items allegedly taken. For stolen property between $100 and $300, Florida will prosecute a first time offender with petit theft, which is a second-degree misdemeanor punishable by up to sixty days of prison and a fine up to $500. Other factors can increase the severity of penalties incurred by the defendant, if convicted. For instance, if the property is taken from a premise other than a home, the charge will elevate to a theft charge in the first degree. More serious grand theft charges are felonious in nature. The prosecution pursues felony theft charges against defendants accused of stealing property valued at or above $300. Differences in penalties arising under misdemeanor and felony theft charges vary drastically depending on the degree of the alleged crime and the criminal history of the offender. If you or someone you know is facing a theft charge of any type, contact the Law Office of Ameen & Shafii to begin fighting your charge. Andrew Shafii, Esq. and Mustafa Ameen. Esq. are former prosecutors who have the experience and knowledge to help you defend your case. Call us today at 813-236-4357 for your free criminal consultation!
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A first-time DUI offender will not be sentenced to more than 6 months of jail time. Keep in mind the average sentencing for a first time offender will increase with exacerbating factors. For example, factors such as having a minor in the vehicle or a Blood Alcohol Level of .15 can land a first-time DUI offender a maximum sentence of 9 months.
Q. What are the sentencing averages for a second-time DUI conviction? How does this change if the DUI convictions are in close range of one another?
Second-time DUI offenders will not serve more than 9 months in jail. Exacerbating factors will increase this type of sentence to up to one year. If the second DUI conviction is received within a 5-year- span, imprisonment of at least 10 days is mandatory.
When appropriate, DUI sentences can be served alternatively in a rehabilitation facility at the court’s discretion. If you or someone you know has been charged with a DUI, call the experienced former prosecutors at the Law Office of Ameen and Shafii at 813-436-4357 today for your free consultation.
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The holidays are right around the corner. During this memorable time of time of year, most people are traveling from destination to destination to visiting friends and family. This is a busy, exciting time of year, but if your celebrations involve alcohol there are a few things you should remember. DUI checkpoints are more prevalent during holidays and subsequently—the amount of those charged with DUIs all over the United States increase. The experienced DUI attorneys at The Law Office of Ameen and Shafii want you to have a safe, stress-free holiday season. Below are a few helpful tips from Attorney Andrew Shafii, Esq. advising how you and your loved ones can avoid getting into legal trouble this holiday season.
#5. BE COOPERATIVE WITH THE POLICE IF YOU ARE STOPPED.
Police officers serve a purpose. Ultimately, their aim is to keep you safe and keep the peace. Be respectful and responsive to their questions, but remember to protect your own rights as well.
#4. DO NOT VOLUNTARILY OFFER INFORMATION.
Answer questions and be polite, but DO NOT offer information about your activities. This includes telling the officer how many drinks you’ve consumed. This is not necessary, so keep it brief.
#3. KEEP IN MIND THAT ALL INTERACTIONS WITH THE POLICE MAY BE AUDIO RECORDED OR VIDEO TAPED.
This works to your advantage and disadvantage. This ensures that police officers are working within the scope of their authority and not unnecessarily violating you in any way. However, audio and video recordings can be used against you to pursue charges. Speak and act accordingly.
#2. DO NOT ALWAYS REFUSE THE EXERCISES OR BREATH TEST. SECOND OR SUBSEQUENT REFUSALS IN THE STATE OF FLORIDA CONSTITUTE A CRIMINAL OFFENSE AND COULD RESULT IN YOU SUBJECTING YOURSELF TO MORE TROUBLE THAT NECESSARY.
This tip directly correlates with number 5, which advises you to cooperate with police officers if stopped. Avoid confrontation and any behaviors that could be interpreted as insubordinate. If you fear that the results may incriminate you, sort out the details with an experienced DUI attorney.
#1. LIMIT YOUR CONSUMPTION AND APPOINT DESIGNATED DRIVERS!
Have a few beverages in moderation and avoid compromising your reputation, freedom, and occupation. Maintaining your ability to exercise good judgment is crucial! If you feel like you’ve had too many drinks, then appoint a trusted friend to get behind the wheel. Don’t risk your livelihood over a weekend of fun! Enjoy your holiday.
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Uninsured or Underinsured Motorist insurance is a coverage option designed to protect you and your family in the event you get struck by a driver who has little or no insurance. This type of coverage is important because it lessens the financial burden that arises if you or others covered by your insurance policy get into a serious car collision that results in severe injury. At times, drivers overlook the benefits of Uninsured or Underinsured Motorist insurance. This is because most drivers have Bodily Injury coverage or insurance which pays for wage loss, medical expenses, and future pain and suffering for parties injured as a result of their negligence. However, while this type of coverage is encouraged, it is not required for drivers to obtain Bodily Injury insurance under Florida law. As you may be aware, the medical bills that accrue following serious accidents are expensive and difficult for injured drivers to handle without proper insurance. Even if the other party involved in a motor vehicle accident has Bodily Injury coverage, their policy limits may be insufficient to cover your expenses. Opting for Uninsured or Underinsured Motorist insurance is a proactive means of ensuring that you and your family are covered if you are involved in a serious accident. If you have recently been injured in a motor vehicle accident, call The Law Office of Ameen and Shafii at 813-436-4357. Mustafa Ameen, Esquire, is an experienced Tampa Bay Personal Injury Attorney who is ready to handle your case today.
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Is Your Criminal History Affecting Your Life? Seek an Expungement Today and Restore Your Reputation!
Aside from interfering with your personal and civil freedoms, being charged with a crime can have far-reaching repercussions that affect your reputation and livelihood beyond a judge’s final decision on your criminal case. In other words, once your case has closed, the record of your arrest and other details surrounding your alleged criminal activity is still available to the public. These records are still accessible even if you have fulfilled all necessary requirements to restore your liberties as you once knew them before you’d been initially charged. This negative mark on your name can affect your future and present eligibility for jobs, residency, and other important opportunities. However, seeking an expungement can be very valuable in eliminating or reducing the threat to your character.
Specifically, an expungement has the capability of restoring your reputation to what it was before your name became associated with criminal activity. For example, it is typical of potential employers, landlords, or loan agencies to explore your reputation through a simple Google search of your full name. Criminal activity associated with your name can raise red flags which keep you from being granted admission to schools, gaining employment, or being supplied with housing in desired communities. Seeking an expungement through an experienced Tampa criminal defense attorney can eliminate harm done to your character through a previous criminal charge.
If you are interested in improving your harmed reputation from a prior criminal charge, call the Law Office of Ameen & Shafii today at 1-800-436-HELP. The former prosecutors and experienced criminal defense attorneys at the Law Office of Ameen & Shafii can bring you many steps closer to restoring your public image though an expungement on your criminal case.
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A car accident is a very traumatic experience for everyone involved. One moment you’re on the way to your destination safely with your vehicle intact, and suddenly, on impact you are shocked, surprised, angry, frustrated or any combination of these emotions. An accident takes seconds to occur and days, months, or years to resolve depending on the severity of the collision. If you are seriously injured, the effects of the accident remain with you daily as you go about your work, responsibilities, and recreational activities. As the medical bills climb and the property damage needs to be resolved, you need an experienced personal injury attorney to aggressively and effectively represent your interests.
Mustafa Ameen, Esq., of The Law Office of Ameen and Shafii, specializes in helping those involved in car collisions. We will answer your questions from the onset of your consultation and throughout your case as it progresses. Because we understand the stress and financial difficulties an auto accident will inevitably present, we initiate and maintain thorough communication on your behalf with the insurance providers from beginning to end. We do this to ensure that your medical expenses, property damage, and future pain and suffering are adequately covered without your phone ringing off the hook. The Law Office of Ameen and Shafii cares about your financial and physical well-being following an auto accident, so we commit to providing you and your case with the personal attention it deserves and requires.
If concerns about balancing additional expenses are keeping you from hiring counsel, don’t fret. At the Law Office of Ameen & Shafii, if there is no settlement, you don’t pay us for the work we’ve done on the case. So, don’t delay, contact our office immediately and begin defending your rights. Call The Law Office of Ameen & Shafii at 1-800-436-HELP today!
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When pulled over for a DUI, the officer may ask you to submit to a breath test designed to indicate whether your Blood Alcohol Concentration is above the legal limit of .08. Technically, this test is optional in Florida and law enforcement can’t force you to comply without your consent. If you are aware of this fact, you may be inclined to refuse a breathalyzer after you’ve had a few drinks. However, it is important to consider the lesser known consequences of initial and subsequent refusals in the state of Florida.
While saying “no” to the breathalyzer deprives prosecution of tangible evidence of your intoxication, it does not guarantee you won’t be convicted of a DUI after the fact. Your choice can be used against you in court where the State may claim your refusal indicated you were in fact, under the influence.
Refusing to submit to a breathalyzer in Florida can breed serious consequences. For instance, saying no to the test after getting pulled over for a suspected DUI the first time can result in getting your license administratively suspended by the DMV for up to one year. Second refusals result in 18 month license suspensions by the DMV. These suspensions are routine and separate from any sanctions the courts can impose if you’re found guilty of a DUI charge.
If you’re arrested for a DUI and refused to take a breath test in Tampa, you need to hire an experienced DUI attorney who can protect and defend your rights. Andrew Shafii, Esq. and Mustafa Ameen, Esq. are skilled former State prosecutors who gained useful knowledge of how the prosecution in Florida interprets evidence in DUI cases. Call The Law Office of Ameen and Shafii at 1-800-HELP (4357) for your free consultation today.
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