Author Archives: Jay Butchko
Lawmaker Pledges Movement On Marijuana Legalization
Would-be Florida governor Nikki Fried said she would “legalize weed” if she won the election in November 2022. In a Twitter post, she argued that since medical marijuana is legal and guns are legal, recreational marijuana should be legal as well. Fried also said she would take legal action against President Joe Biden, seeking… Read More »
Don’t Let A DUI Affect Your Driving Privileges
In many places, the rise of Uber, Lyft, and other ridesharing services has decreased the number of vehicle owners and licensed drivers. Yet over seven million Floridians rely on their vehicles to get around the vast Sunshine State. A DUI conviction, or even a DUI arrest, can restrict, or even eliminate, the ability to… Read More »
Keeping Juvenile Crimes Off Your Permanent Record
Kids make poor decisions, not because they are rebellious, but because they don’t understand risk-reward. That’s why little children chase balls into busy streets. They don’t understand that the risk of being hit by a car far outweighs the reward of getting the ball. That’s also why older children get in trouble with friends…. Read More »
Is It Better To Go To Trial?
Many lawyers cite the old saying “a bird in the hand is worth two in the bush” to encourage their clients to accept plea bargains. This saying is usually true, but we need to break it down. According to the dictionary, this saying means that “The things we already have are more valuable than… Read More »
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 »