Author Archives: Jay Butchko
What Does ALR Mean In Driving?
In Florida and most other states, DUI defendants who refuse to provide chemical samples go through the Administrative License Revocation process. These drivers could lose their drivers’ licenses for up to twelve months in the Sunshine State, even if they haven’t been convicted of, or even formally charged with, DUI. Drivers in these situations… Read More »
Top Five Search Warrant Exceptions
Back in colonial times, British authorities had the power to randomly search property and seize contraband, based on nothing more than a hunch. So, the Founding Fathers added the Fourth Amendment to the U.S. Constitution. Under this provision, searches are only authorized if police officers have affidavits based on probable cause. Over the years,… Read More »
Defending Pornography Possession Charges In Court
The Sunshine State’s laws regarding possession of illegal pornography are very broad. Like most sexual offenses, possession of illegal pornography involves direct and collateral consequences. The direct consequences include lengthy court supervision, high fines, and a registration requirement. The collateral consequences are often worse. Most studies show that the general population views all sex… Read More »
Beating The Breathalyzer In A Florida DUI
According to scientific sources, a Breathalyzer’s BAC estimate is off by at least .01 about 33 percent of the time. Note that we said “BAC estimate. Like the 1920s Drunk-o-Meter which preceded it, the Breathalyzer uses breath alcohol level to determine blood alcohol level. That extra step means several things could be wrong with… Read More »
Non-Intoxication Defenses To DUI Drug Cases In Hillsborough County
In many jurisdictions, “stoned” driving is a bigger problem than “drunk” driving. Florida’s DUI law, although it is rather broad, is somewhat more limited than similar laws in other states. In the Sunshine State, it’s illegal to operate a motor vehicle “under the influence of alcoholic beverages, any chemical substance set forth in s…. Read More »
Expunging Or Sealing Juvenile Criminal Matters In Hillsborough County
Once courts release defendants from their sentences, the effects of a criminal conviction linger, often forever. Contrary to popular myth, juvenile convictions in Florida are not expunged or sealed automatically. Instead, these convictions continue to stain your permanent record. Under Florida law, these individuals have some options. These options could open doors to former… Read More »
Top Five DUI Defenses In Florida
Many people assume they are automatically guilty in a DUI case if they provide a chemical sample and the sample is above the legal limit. About 80 percent of Florida DUIs involve such chemical tests. Granted, an adverse chemical test result makes these cases much easier to prove in court. However, the state must… Read More »
Top Five White Collar Crimes in Hillsborough County
In 1939, sociologist Edwin Sutherland defined “white collar crime” as financially motivated, nonviolent crimes. These labels are not entirely accurate. For example, many computer criminals break into banks and other institutions to make a statement, not to steal money. Furthermore, anyone who has ever been the victim of identity theft or a Ponzi scheme… Read More »
Pre And Post Conviction Resolutions In Hillsborough County
Trials are inherently risky. There’s simply no telling how twelve jurors will view the evidence in a given case. Plea bargains avoid this risk. That’s mostly why about 95 percent of criminal cases settle out of court. These resolutions usually feature reduced charges and/or a reduced sentence. Although that’s not the same thing as… Read More »
The Three Ps Of Drug Possession
In the late 1980s, mostly in response to the drug overdose death of college basketball standout Len Bias, lawmakers approved a slew of harsh anti-drug laws. Extremely aggressive enforcement of these laws continued until the late 2000s. At that time, lawmakers began rolling back some of the harsh laws. Moreover, former President Barack Obama… Read More »