Any Drugs While Driving Can Get You Arrested

Whether it’s cold medicine, cough syrup, a legal prescription drug or alcohol, if you ingest too much and drive a vehicle, you can be charged with driving under the influence. “Even if someone is taking prescription drugs legally, they can be charged with DUI,” said Sgt. Kim Montes, spokeswoman for the Florida Highway Patrol district that includes Volusia County. “If a trooper evaluates someone, either on a traffic stop or at a crash scene, and determines they are impaired from alcohol, illegal or legal drugs, or another substance, they can be arrested.” The FHP recently charged a man with DUI manslaughter in an Orlando case because they believe he had inhaled computer cleaner, Montes said. Toxicology reports, which reveal the presence of substances in the blood that can lead to impairment, can take several months to complete, said FHP Lt. Bill Leeper. He noted authorities are awaiting toxicology results in at least one Flagler County crash involving serious injuries. The Friends Drive Sober organization devotes a section of its website to prescription and over-the-counter drugs and their effect on drivers. “Drugs impair our bodies in a variety of ways,” the site reads. “They may blur our vision; make us tired or too excited; alter depth perception; make us see or hear things that may not be there; raise or lower blood pressure; react too quickly, too slowly, or not at all. They cause problems with concentrating on the task at hand.”  The Centers for Disease Control and Prevention specifically lists cough and cold medications containing dextromethorphan as one of the most commonly misused over-the-counter drugs, “to get high.” “The pivotal issue when it comes to controlled substances is impairment,” said Chris Kelly, spokesman for the State Attorney’s Office. The short answer, he said, as to whether a person is guilty of driving under the influence depends on two things: the impaired individual is in control of the vehicle and, per state statute, “that the person’s normal faculties are impaired.” It’s up to the discretion of law enforcement to determine whether a driver should undergo testing and whether a breath or blood test is requested. “If we have an idea of what types of drugs they may be taking, then we can ask for that drug to be specifically tested,” Montes said. The Florida Department of Law Enforcement runs a panel for all controlled substances when blood is drawn, said spokeswoman Susie Murphy. “We don’t typically test for huffing (inhaled) agents,” Murphy said. “We don’t test for over-the-counter drugs at all.” But that doesn’t mean a person can’t be charged with DUI for taking over-the-counter medication.  “If someone were to ingest enough over-the-counter medicine, they could also be arrested forDUI if it is determined that they are impaired,” Montes said. So if you get in a situation you need legal help, please call the Traffic Ticket Team at 954-967-9888 or go to our site, www.TrafficTicketTeam.com Diamond, Kistner & Diamond, P.A.

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How Points Work on Your License

www.trafficticketteam.com

Traffic Ticket Team McLovin

The most common civil traffic citation given by law enforcement around the state is for the offense of speeding. In 2007, there were 1.3 million speeding tickets issued by police in the State of Florida. That number is not a true reflection on the real number of speeding tickets, because law enforcement has the discretion to “cut someone a break” and charge them with violating the speed limit sign. That violation is referred to as violation of a traffic control device, and it is possible that the number of speeding tickets would be closer to 1.8 million. Given those unbelievable numbers in the Florida, Speeding tickets can be divided in to 3 distinct categories as far as punishment is concerned.

1) 15 MPH OR LESS OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 15mph or less over the speed limit carries with it a fine along with 3 points on your license. The amount of fine is usually listed on the back of the ticket and is actually set by each individual county. The points will stay on your license for 3 years and the ticket will be on your driving record forever. Depending on your insurance company it could also result in an insurance increase. No court date is required if your citation fits within this category. You can either pay it and get the points, do traffic school if eligible, or contact our office immediately to obtain information on fighting it.

2) 16 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

Receiving a citation for going 16mph or more over the speed limit carries with it a specific fine along with 4 points going on your license. The amount of fine is usually listed on the back of the ticket or you can visit a website that lists every clerk’s office. Then just look in the upper left hand corner of your citation and find the county in which you received the citation. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. No court date is required.

3) 30 MPH OR MORE OVER THE LAWFUL OR POSTED SPEED

This is the 2nd most serious type of speeding citation you can receive. If you receive a citation for going 30mph over the posted speed limit, it carries with it a fine, possibility of 4 points on your license, possibility of a license suspense, and a mandatory court date. The amount of fine is set by the Judge at the court hearing. The points will stay on your license for 3 years and the ticket will stay on your record forever. Depending on your insurance company it could also result in your insurance costs increasing. Failing to appear at your court date could result in your license being suspended. This is referred to a D-6 suspension.

4) 50 MPH OR MORE OVER THE SPEED LIMIT-STATUTE 316.1926

Beginning October 1, 2008, the Florida legislature passed a new speeding bill. If you are charged with driving 50 MPH over the posted speed limit pursuant to Florida statute 316.1926, you will be facing a civil penalty of $1000.00. On a second offense, the fine is up to $2500.00 and the court will revoke your license for a period of one year. On a third offense you will be charged with a third degree felony and will face a fine up to $5000.00 and the loss of your driver’s license for 10 years.

Regardless of which type of ticket you receive we do not recommend just paying the ticket before contacting our office to go over possible defenses. Often we are able to get the ticket dismissed or keep the points off your license, which normally will save your insurance costs from increasing. **In addition you will not have to attend your court date, we will attend it for you. So call the Traffic Ticket Team now. 954-967-9888 http://www.TrafficTicketTeam.com

**each insurance company is different, contact your carrier to discuss how receiving a ticket will affect you.