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Pumphrey Law Blog

Category: Drunk Driving/DUI

Involuntary Commitment Under Florida’s Marchman Act

February 17, 2022 Criminal Defense, Drug Charges, Drunk Driving/DUI, News & Announcements

*The information is provided as a public service. Pumphrey Law does NOT handle Marchman act cases unless criminal charges are filed* The Hal S. Marchman Alcohol and Other Drug Services Act, commonly referred to as the Marchman Act, was passed in 1993 as a measure to help individuals cope with their substance abuse issues by actively encouraging them to voluntarily …

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Medical Marijuana and DUIs – Are There Special Rules?

January 11, 2022 Criminal Defense, Drug Charges, Drunk Driving/DUI

Currently, federal law prohibits the use of marijuana. However, 36 states have legalized the use of medical marijuana, including Florida. Florida Medical Marijuana Legalization Initiative, also referred to as Amendment 2, was a constitutional amendment that was approved by 72% of voters on November 8, 2016. Amendment 2 “allows a variety of medical marijuana products, such as food, tinctures, aerosols, …

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What is Florida’s Implied Consent Law?

November 30, 2021 Criminal Defense, Drunk Driving/DUI

In Florida, the Implied Consent Law discusses how and during which situations law enforcement can request and administer breathalyzer, urine analyses, and in some situations, blood tests during DUI investigations in order to determine an individual’s blood-alcohol level or level of impairment. The Statute – Section 316.1932 of the Florida Statute Florida’s Implied Consent Law is codified in Section 316.1932 …

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If a Car Accident Results in Minor Damage, Do I Still Have to Call the Police?

October 18, 2021 Criminal Defense, Drunk Driving/DUI

Unfortunately, most people have gotten into a minor car accident, also called a fender-bender. A lot of times, these fender-benders occur at a low speed when someone rear-ends someone else. In cases where both drivers are uninjured and find minor damage to either one or both of their vehicles, they may wonder if calling the police is really necessary. Despite …

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Recent First District Court of Appeal Decision Discusses Drunk Driving Restitution and Double Recovery

October 13, 2021 Criminal Defense, Drunk Driving/DUI

The Challenge On October 6, 2021, the First District Court of Appeal decided the case of Wilson v. Florida. This case went on appeal arising out of the Circuit Court for Alachua County. Samuel Brian Wilson, the Appellant, challenged an order awarding restitution to the victim of the drunk driving accident he had caused. The Appellant argued that the restitution …

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Arrested While on Vacation in Florida– Now What?

October 7, 2021 Criminal Defense, Drunk Driving/DUI

It’s no shock that Florida’s warm weather, beautiful beaches, amusement parks, and other vibrant attractions make it one of the nation’s leading vacation destinations. In fact, the state attracted nearly 87 million tourists in 2020. Although this number is low compared to the 131 million that flocked to Florida in 2019, the fact the state was still able to garnish …

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Can An Officer Act Outside of Their Jurisdiction in DUI Investigations?

September 29, 2021 Criminal Defense, Drunk Driving/DUI

If you or a loved one are ever pulled over by a law enforcement official, it is important to know if the officer is acting lawfully outside of their jurisdiction. A question that often comes up in DUI investigations is whether a law enforcement officer can participate in a DUI investigation outside of their jurisdiction? An example would be an …

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How a DUI Breath Test or Breathalyzer Can Malfunction

August 4, 2021 Criminal Defense, Drunk Driving/DUI

florida dui felony

When stopped by a police officer under suspicion of driving under the influence, you or a loved one may have to take a breathalyzer, breath test, or sobriety test. It also might be called an “Intoxilyzer”, but this name just refers to a more dated version of a breathalyzer test. To learn more about Intoxilyzer tests specifically, visit our blog …

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Federal Study Reports that THC Level Testing is Unreliable in Assessing Marijuana Intoxication

July 8, 2021 Criminal Defense, Drug Charges, Drunk Driving/DUI, News & Announcements

Marijuana DUI Florida

Marijuana has been a hot topic in the press and political spheres for years now due to the rapidly changing laws surrounding the drug. Many states are repealing or amending their marijuana laws in light of studies and social consciousness that promote the plant’s benefits[1], like reducing pain for those suffering from arthritis, fibromyalgia, endometriosis, and migraines, managing anxiety, epilepsy, …

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