One of the top questions we are asked by those who have been charged with a DUI is this: what will happen if I’m convicted? The DUI penalties in Tampa are strict and can have impacts that ripple out to every part of your life, from your social life to your career and family. That’s why hiring an experienced DUI attorney in Florida is so important.

The penalties listed below may change, which is why it’s so crucial to contact an attorney. Below are Florida’s mandatory minimum DUI consequences and punishments under Florida Statute 316.193(2), 316.193(3), and 316.193(4):

When you’re facing a DUI in Hillsborough County, you will be offered a public defender by the court. You might even have the idea to defend yourself. Although you might think using a public defender or defending yourself is more cost-effective, getting help from a top DUI lawyer in Tampa may actually save you both time and money in the long run.

Why You Should Hire a Top DUI Lawyer in Tampa

When you have your day in court, there is going to be a prosecutor on the other side with years of legal training and experience. Not to mention the judge will likely bring to the bench even more legal knowledge. The only person without any legal training or experience will be you. 

The State of Florida has a reputation for being “tough on DUI offenders” and Florida legislation regarding DUI is complicated. Although a public defender often has good intentions, they simply may not have the expertise in defending DUIs, nor do they have the extra time needed to analyze the facts of your unique situation due to an overwhelming case load.

How a DUI Lawyer Can Help

A top DUI lawyer in Hillsborough County can help investigate the circumstances of the traffic stop, determine if your rights may have been violated, and help you understand how to protect yourself in court. Furthermore, your lawyer will know street-level tactics to get your license back and possibly help reduce your charges to reckless driving.

Even if you plan to plead guilty, you will still need a coordinated strategy that is designed to minimize the impact on your employment, finances, and driving privilege. If you don’t want to fight your DUI, you can still benefit from hiring a top DUI lawyer in Tampa to handle all of the details of the case. 

Where to Turn for Help

If you’ve been arrested for a DUI, turn to Russo, Pelletier & Sullivan. Schedule a free appointment with our office. We can immediately begin asking the following important questions about your case:

• Did the officer have a valid reason to stop you?
• Was the breath test administered properly?
• How would a refusal to submit a breath sample affect your case?
• Were the field sobriety tests administered fairly and in the proper manner?
• Were there any videos taken in your case?
• How might your performance on the video-recorded field sobriety exercises help or hurt your chances of securing a reduction to Reckless Driving?
• Is the police report fair and accurate?
• Were any statements that you made coerced, taken out of context, or misinterpreted?
• Can any of the evidence in your case be ordered inadmissible by the Court?
• What are the overall strengths and weaknesses of your case?
• Is your case a good candidate for reduction to the lesser offense of Reckless Driving?
• Can steps be taken to provide you with a temporary driving permit or hardship license that will keep your driving?
• Can a continuance of your court date be obtained to further investigate your options?

If you’re facing a DUI arrest, contact Russo, Pelletier & Sullivan today.Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

There are hundreds of law firms in Florida, dozens to choose from in Tampa alone. So why choose Russo, Pelletier & Sullivan in Tampa? What makes us stand out from the competition? It’s simple: we have extensive experience and expertise in defending against DUI charges, and we make it our business to know and challenge law enforcement. We’re compassionate and relentless in our pursuit of protecting your rights and your future. 

We Have Experience In DUIs

Trusting an attorney who doesn’t often handle DUIs with your case is like visiting a barber for a blowout — they might be trained on the basics but chances are they won’t be equipped to handle the specific and unique challenges in your case. You need an attorney who has experience in getting charges reduced, investigating the circumstances of your arrest, and all of the pertinent deadlines to keep you on the road. 

Russo, Pelletier & Sullivan in Hillsborough County has that experience and we are able to leverage our knowledge to seek the best possible outcome for your case. We’ve been defending DUI clients for over 25 years, and before that, we spent years working as prosecuting attorneys so we know what the other side is thinking. We can use our knowledge of the tactics the prosecution will use to protect you. 

We Have Technical Knowledge 

A good attorney can keep a calm head in the courtroom as evidence is presented by the prosecution. A great attorney has enough knowledge to investigate the circumstances surrounding the arrest in advance. Members of our team are trained and certified intoxilyzer and breathalyzer operators and inspectors who can ascertain whether the police properly complied with Florida law, which governs the calibration of the breathalyzer and/or intoxilyzer machine used in your case.

We don’t stop there. We will closely audit the operator’s permit of the person performing the test, as well as the machine’s calibration records for non-compliance. Non-compliance with administrative rules could prohibit the admissibility of your test results in court, which may work in your favor. 

One of our founding attorneys, Marc Pelletier, is certified in field sobriety testing and can review the recording of your field sobriety test to see if it was properly administered and interpreted fairly. A flawed field sobriety test can sometimes result in a reduction of charges, so having someone in your corner who understands these tests is crucial. 

Who We Are 

The attorneys at Russo, Pelletier & Sullivan have been defending clients in the Tampa Bay area for more than 25 years. Our team has extensive experience handling DUIs. We are award-winning attorneys who frequently are invited to lecture and serve the legal community in education about DUI law. We are recognized by the legal community and clients alike. 

Our goal is to defend each individual client with the utmost expertise and compassion – to win acquittals where possible, and where conviction seems inevitable, to obtain alternative sentences or treatment rather than imprisonment.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

If you’ve been charged with a DUI in Hillsborough County, the team at Russo, Pelletier & Sullivan should be your first call. Navigating a DUI can be tough, especially if you have never encountered the legal system before. You’ll need help from a DUI lawyer in Hillsborough County who has a solid reputation for handling DUI law specifically. 

What to Look for In a Tampa DUI Lawyer

When considering hiring a Hillsborough County DUI lawyer, there are a few key considerations: 

• To start, you’ll need to review the attorney’s qualifications, as well as their training and experience handling DUI law
• Does the attorney routinely handle DUI cases in the Hillsborough County Court system?
• Has the attorney acquired certifications, recognition, or licensing associated with DUI prosecutions?
• Has the attorney been called upon to teach, lecture, or instruct others on DUI topics?

Finding the right attorney can be the difference between losing your license or facing jail time and reducing the charges and moving on with your life. 

We Make it Our Business to Know Law Enforcement’s Business

When you look for a DUI attorney, you’ll want to find someone who makes it their business to know law enforcement’s business. The team at Russo, Pelletier & Sullivan has extensive experience in this area because many of our attorneys are former state prosecutors. We know the law and the tactics used by the state to secure a conviction — which means we also know the weak points so that we can give you realistic advice. 

Going a step further, we’re certified in proper roadside field sobriety testing. Tampa DUI lawyer Christopher Blaine can review the recording of your field sobriety test(s) to see if they were properly administered and interpreted fairly. In some cases, flawed field sobriety tests could lead to a reduced charge of reckless driving. 

We’re also trained and certified intoxilyzer operators and inspectors. With these certifications, we can ascertain whether the police properly complied with Florida law governing the calibration of the Intoxilyzer machine used in your case. Furthermore, we will closely audit the operator’s permit and the machine’s calibration records. Non-compliance with administrative rules could prohibit the admissibility of your test results in court.

In the end, experience and education matter most when looking for the right attorney to defend you after a DUI. Attorney Christopher Blaine has graduated from the prestigious Stetson University College of Law and has gained significant experience working first as an intern and now as a DUI attorney with Russo, Pelletier & Sullivan.

If you’re facing a DUI arrest, contact Russo, Pelletier & Sullivan today. We’ll be able to discuss the best defense for you as well as any DUI diversion programs in Hillsborough County.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

When you’re looking for the right attorney to represent you, it’s important to know that the person fighting for you has the courage of his convictions and will fight for you. As a former member of the armed services, Tampa attorney Christopher Blaine has been fighting to protect the rights of American citizens his entire career, and he’s fighting for you now.

Christopher Blaine’s Military Service and Background

You can trust that Hillsborough County attorney Christopher Blaine knows Florida law. As a fifth-generation Floridian born locally in the Tampa Bay area, he served in the Army National Guard for eight years prior to attending law school at Stetson University College of Law in St. Petersburg. During his time in the service, he received numerous awards and became comfortable with handling difficult and complex situations, always keeping a level head.

During times of emergency, Blaine served the State of Florida as a team leader in providing hurricane disaster relief for those most affected by hurricanes Charley, Ivan, and Gene. Later in his military commitment, Christopher deployed to Afghanistan in support of Operation Enduring Freedom. There, Christopher was tasked as the Non-Commissioned Officer in Charge of Transportation for Forward Operating Base Lightning.

Christopher Blaine’s Legal Career

Tampa attorney Christopher Blaine left the military with a renewed sense of purpose, looking to protect the rights of citizens facing uncertainty. After returning home from his deployment, Blaine went to school locally at Saint Petersburg College where he received a Bachelor of Science degree in Public Policy and Administration, graduating with honors.

Following his Bachelor’s degree, he graduated from the prestigious Stetson University College of Law. While at Stetson, Blaine interned as a law clerk with Russo, Pelletier & Sullivan, where he trained under the firm’s founding attorneys Marc Pelletier and Tim Sullivan. During his time at Stetson, he also held a membership in Stetson’s Student Veteran Organization.

Christopher Blaine’s Contributions to the Community

As a veteran, Blaine is passionate about helping other veterans. He spends much of his free time as a Veteran advocate helping with Veteran needs. In the community, he is also a member of both the American Legion and Veterans of Foreign Wars. Further, he serves as a member of Congressman Bilirakis’ Veterans Advisory Committee, and is an adviser to the founder/CEO of the Veteran’s Alternative, a group that helps victims of Military Sexual Trauma and Post Traumatic Stress.

Chris is passionate about protecting his fellow Americans. He has spent his career proving that he will be there for you in your time of need, and he won’t stop now.

Chris currently resides in New Port Richey with his wife and dog.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

Getting your license taken away is often a penalty for a DUI arrest, but what can you do if you need your driver’s license for work, school, or caregiver duties? If you are a 1st time DUI offender, Florida Statute sections 322.2615(1)(b)3. and 322.271(7) allow for your immediate application to obtain a hardship driving privilege, otherwise known as a hardship license in Hillsborough County. 

What is a Hardship License?

A Tampa hardship license may be a way to keep you on the road after a DUI while you await trial. But, a hardship license isn’t free reign to drive. A hardship license allows limited driving privileges.

There are two types of hardship license:

• Business Purposes Only – This type of license is for business purposes that are not limited to work. This includes your commute to and from work, driving to school, on the job driving, and driving for church or medical visits and other caregiver activities. For example, this type of hardship license would allow you to drive your children to the doctor, or take yourself to work.
• Employment Purposes Only – This type of hardship license is only valid for employment-related activities. This can be helpful for those who drive for a living or who are required to drive as part of their livelihood.

How to Obtain a Hardship License in Hillsborough County

If you want to benefit from the opportunity to get a hardship license in Tampa, we must act within the first ten days of your DUI arrest. Your failure to have an attorney timely assist you in filing the required documentation with the Florida DHSMV will cause you to waive your option to quickly secure a restricted driving privilege.

Once you’ve responded within the 10 days, you’ll need to appear for a DHSMV hearing. An attorney can help you prepare for this hearing, including determining if you are currently Real ID compliant and which type of hardship license you will need. The team at Russo, Pelletier & Sullivan can also counsel you in advance about the type and nature of questions the hearing officer may ask of you when determining whether to grant your reinstatement of driving privileges. Additionally, we can provide you with specific “real-life” examples of past DHSMV Reinstatement Review Hearings to enable a comparison with the facts of your own case.

For the most part, you only get one opportunity to state your case during the hardship license application process at the DHSMV. The denial of a hardship license caused by your inexperience or the volunteering of what you thought were innocent admissions, can be a costly mistake. Contact Russo, Pelletier & Sullivan today to get help obtaining your Hillsborough County hardship license after a DUI.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

DUI cases in Florida are complicated and each case is unique. You might be facing the loss of your driver’s license, steep fines, and even jail time. You’ll need the best DUI lawyer in Tampa to help protect your rights. But not all attorneys are the same. You’ll need to find someone who makes it their business to know law enforcement’s business and who has extensive experience defending those accused of a DUI. 

Trust Reputation for the Best DUI Lawyer in Hillsborough County 

One of the most important things to consider when finding a DUI lawyer is to look at their reputation. You’ll need to think about not only the attorney’s qualifications, but how respected they are among their peers. 

How can you find this information? By reviewing the attorney and law firm’s credentials, asking if they’ve served in any instructional or lecture capacity on any DUI topics for colleges or universities, and asking if they’ve acquired certifications, special licensing associated with DUIs, or other types of recognition. 

Look for Technical Knowledge of Breathalyzer Testing 

Our team at Russo, Pelletier & Sullivan has extensive experience understanding law enforcement because we have worked as state prosecutors. Through that experience, we have the technical expertise needed to critically analyze and examine whether or not your breathalyzer test was performed correctly and legally on properly calibrated equipment. 

Members of our team are trained and certified intoxilyzer and breathalyzer operators and inspectors. With these certifications, we can ascertain whether the police properly complied with Florida law, which governs the calibration of the breathalyzer and/or intoxilyzer machine used in your case.

Going a step further, we will closely audit the operator’s permit of the person performing the test, as well as the machine’s calibration records. Non-compliance with these important administrative rules could prohibit the admissibility of your test results in court, which may work in your favor. However, if your attorney doesn’t have the technical knowledge or certifications to investigate these violations, you may not be able to find out if your testing was done properly. 

Find an Attorney Who Understands Field Sobriety Testing

Tampa DUI lawyer Christopher Blaine is certified in field sobriety testing and can review the video tape of your field sobriety test to see if it was properly administered and interpreted fairly. A flawed field sobriety test can sometimes result in a reduction of charges, so having someone in your corner who understands these tests is crucial. 

Field sobriety testing goes beyond analyzing the video, you’ll need the best DUI lawyer in Hillsborough County to review the situation. As former state prosecutors, attorneys Marc Pelletier and Timothy Sullivan have acted as on-site advisors to law enforcement on legal and procedural issues at DUI checkpoints. Why does that matter? Because if your case involves a DUI roadblock, any deviation from court-approved procedures could jeopardize the state’s case.

If you’re facing a DUI arrest, contact Russo, Pelletier & Sullivan today.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

A DUI manslaughter is heartbreaking for all parties involved. More than likely, you never intended to hurt anyone, and now you’re facing serious consequences along with feeling anguish and guilt over the life you impacted. That’s why you need a compassionate DUI manslaughter attorney in Tampa who will work hard to defend you while understanding how delicate the circumstances and situation may be for both your family and the family of the other parties involved.

Elements of a DUI Manslaughter

If you’ve been charged with a DUI manslaughter, under Florida Statute §316.193(3), the prosecutor must show, beyond all reasonable doubt, that you were impaired by alcohol or a controlled substance and that the operation of your vehicle “caused or contributed to” the death of another person. By using the words “caused or contributed to,” the Florida Legislature has written the DUI manslaughter statute broadly in order to encompass situations where the victim might be partially “at fault” for the accident that occurred in the case. On the other hand, the law does not permit a conviction for DUI manslaughter where the accident was unavoidable or where your driving did not cause or contribute to the accident.

To break this down further, some DUI manslaughter cases involve the death of a passenger in the accused’s vehicle, while other cases may involve the death of another driver or his passenger. But, unlike other criminal charges that involve the death of another human being, a DUI Manslaughter charge does not require the State to prove that the accused intended to cause the death of another person.

Florida DUI Manslaughter Penalties in Hillsborough County

This type of DUI can have serious penalties that can impact your family, career, and social life — not to mention take away your ability to drive. You’ll need a DUI manslaughter attorney in Hillsborough County to help discuss the best course of action.

The commission of this crime is punishable as a second degree felony with a potential state prison sentence of up to fifteen (15) years. The Florida Criminal Punishment Code (sentencing guidelines) mandates a minimum state prison sentence even for those individuals who have no prior criminal history. A DUI Manslaughter charge can carry a maximum fine of $10,000. In addition, a conviction will result in a permanent revocation of the individual’s driving privilege.

The Florida Legislature has added an additional aggravator if, after the crash, the subject “leaves the scene” or otherwise fails to render aid to the injured motorist. These circumstances have the effect of enhancing the DUI Manslaughter charge to a first degree felony.

A conviction for a felony offense can never be sealed or expunged. And, as a convicted felon, you will be unable to vote, sit on a jury, or own, use, or possess a firearm. Further, you may be barred from holding a license in certain occupations.

Don’t Wait to Find a DUI Manslaughter Lawyer

If you’ve been arrested for a DUI manslaughter, turn to the team at Russo, Pelletier & Sullivan.

Every second counts when the threat of a DUI manslaughter charge is looming, and valuable defense evidence may be lost if proactive steps are not promptly taken.

Our office takes a hands-on approach to gather evidence that could be crucial to our client’s defense. We often accompany our experts to the accident scene where photographs and measurements are secured. Interviewing potential witnesses can sometimes uncover evidence that was not discovered by law enforcement. The sooner our office can become involved in a DUI Manslaughter case, the more quickly we can investigate the facts, explore possible defenses, and channel our efforts towards securing the best possible outcome.

If you’re facing a DUI arrest or DUI manslaughter, contact Russo, Pelletier & Sullivan today.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.

In warm weather cities like Tampa, mopeds and electric scooters are a popular way to get around – especially with electric scooters being publicly available as part of the city’s ride-sharing programs. But what happens when you have a few drinks and use an electric scooter to get home? You might be surprised to learn that you can get a scooter DUI in Tampa, and if you have a suspended license due to another DUI you may face more penalties if you’re caught using an electric scooter. Our team at Russo, Pelletier & Sullivan can help if you’re facing the murky waters of a scooter DUI in Hillsborough County.

Is an Electric Scooter a Vehicle in Florida?

There are a few reasons you can be arrested for a DUI when you’re on a scooter. First, it has to do with the definition of a vehicle in Florida. Florida Statutes section 306.003(75), defines a vehicle as every device, in, upon, or by which any person or property is transported or drawn upon on a highway, except devices used exclusively upon stationary rails or tracks.

Mopeds and motorized scooters can never be operated on a public street or highway, regardless of driver’s license status because they cannot be lawfully registered and assigned a tag due to the requirements of Florida Statute section 320.02(9) and the manufacturing safety standards of the federal “Motor Vehicle Safety Act.” (See the National Traffic and Motor Vehicle Safety Act of 1966.)

Let’s break this down further.

Motorized scooter (cannot be operated on a public street or highway) – is defined as any vehicle not having a seat or saddle for the use of the rider, designed to travel on not more than three wheels, and not capable of propelling the vehicle of a speed greater than 30 miles per hour on level ground, per Florida Statute section 316.003(82).

Moped (requires a driver’s license) – is defined as any vehicle with pedals to permit propulsion by human power, having a seat or saddle for the use of the rider and designed to travel on not more than three wheels; with a motor rated not in excess of two brake horsepower and not capable of propelling the vehicle greater than 30 miles per hour level ground; and with a power-drive system that functions directly or automatically without clutching or shifting gears by the operator after the drive system is engaged. If an internal combustion engine is used, the displacement may not exceed 50 cubic centimeters, per Florida Statutes 316.003(77).

How Can You Get a DUI on an Electric Scooter?

Why does it matter if an electric scooter is legally a vehicle? Because in Florida, you can be found guilty of a DUI if you are found to be operating a vehicle with BAC of .08 or higher. Notice the term is not “found guilty of operating a car” but a vehicle of any kind. If convicted, you could face the same punishment as if you had been caught driving a car.

Further, just because a scooter may not be able to drive on the street does not mean you don’t need a license to operate it, which means if you’re driving an electric scooter but have a suspended driver’s license due to a previous DUI, you may still find yourself in hot water (especially if illegally operating the scooter on the street). Pursuant to Florida Statutes 322.01(26) and 322.03(1), if you operate any motor vehicle on the public streets or highways of Florida, you must have a driver’s license. You can be charged with a scooter DUI in Hillsborough County if you’re operating a vehicle without a license and have been drinking.

Scooter DUI in Tampa? We Can Help.

A Tampa scooter DUI can be complicated, which is why you should call Russo, Pelletier & Sullivan today. Our team of attorneys handles complex and unique DUI situations, including scooter DUI in Hillsborough County. Give us a call today to find out how we can help.

Request a FREE consultation today by giving us a call at (727) 578-0303, or submitting our consultation request form.

Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.