Under Florida reckless driving law, a person operating a vehicle with a willful or wanton disregard for the safety of others or property can be convicted of reckless driving. Mere negligence is not sufficient to warrant a charge of reckless driving, the defendant must act with a willful or wanton disregard for safety. The law defines willful as an intentional, knowing, and purposeful act. Wanton carries a very similar definition, it is a conscious and intentional indifference to the consequences and with knowledge that damage is likely to be caused to people or property. See Florida v. DE.

Determining whether or not a driver engaged in reckless driving will depend on the facts and circumstances of each case. If you have been accused of reckless driving in Florida you should meet with a criminal defense attorney in your area to discuss the specifics of your case. For instance, in Florida v. Graham, the defendant crossed the center line three times and was not found not guilty of reckless driving. The court’s reasoning was based on the fact that the defendant was not speeding and there was light traffic on the road at that time. Further, speeding will not necessarily result in a conviction of reckless driving. For example, in Florida v. Miller, the defendant was driving 55 miles per hour in a 35 mile per zone. However, the court found the defendant not guilty because the driver had control of the vehicle and decreased his speed as he approached an intersection.

Some acts by a driver will almost always be deemed reckless driving. For instance, fleeing law enforcement is per se reckless driving. The defendant does not need to be speeding or risk danger to others, simply fleeing law enforcement may be enough to warrant a conviction of reckless driving in Florida. Other examples of reckless driving include, making an abrupt U-turn and driving through a residential neighborhood at speeds in excess of 80 miles per hour. See Florida v. Orozco.

Florida DUI Charges Reduced to Reckless Driving:
Reckless driving is a serious offense that can result in significant consequences. However, the penalties for reckless driving are much less severe than a DUI conviction. Therefore, in many DUI cases the driver will enter into a plea deal with the prosecutor to reduce the DUI charges to reckless driving. Prosecutors are often more willing to enter into a plea deal if they know the DUI charges will be highly contested and they will have a difficult time proving the charges. This types of plea deal is not possible in all DUI cases, if you have been arrested for a DUI you should meet with a DUI attorney to discuss the specifics of your case.

For a defendant’s first reckless driving offense, the fine may be $25 – $500 and/or include imprisonment for up to 90 days. If it is the defendant’s 2nd offense, the fine can increase up to $1,000 and/ or include incarceration for up to 6 months. If the defendant’s reckless driving leads to property damage or injury the driver can be charged with a first degree misdemeanor, which may include additional penalties. Moreover, if serious bodily injury is caused as a result of the reckless driving the defendant can be charged with a third degree felony. The penalties for reckless driving can have a significant impact; however, they are much less severe than the penalties for a DUI in Florida. Therefore, in some cases it will be very beneficial to the defendant to accept a plea deal of reckless driving in lieu of a DUI conviction.

Unlike a DUI conviction, a driver will not be required to purchase FR-44 insurance if convicted of reckless driving. FR-44 car insurance is frequently referred to as DUI insurance because it is required if convicted of DUI in Florida. In some cases, FR-44 insurance can more than triple the insurance premium you pay. Therefore, this is a significant benefit to agreeing to reckless driving in lieu of a DUI conviction.

This article is for general informational purposes only, it should not be relied on when deciding whether or not to accept a reckless driving conviction in lieu of DUI. If you have been arrested for DUI in Florida you should speak with a DUI defense lawyer before taking any action. To schedule a free consultation with a DUI defense lawyer in Tampa contact Florida Law Advisers at 800 990 7763. The DUI defense lawyers at our firm have years of experience representing drivers accused of DUI in the Tampa Bay area. Each DUI case is unique, we carefully develop a comprehensive legal strategy that is individualized for each client. We understand how stressful and intimidating a DUI arrest can be and will be by your side to provide legal advice and support every step of the way.

where to file bankruptcy

The answer for where to file bankruptcy is governed by the rules for venue. Generally, venue refers to a place or location in which something takes place. In regard to where to file bankruptcy, venue refers to the place where the bankruptcy petition should be filed. Venue is governed by federal bankruptcy law 28 USC 1408. Venue in bankruptcy cases is a pretty straightforward concept; however, completing the petitions and navigating a case through the court system can be very difficult and tedious. If you are contemplating filing for bankruptcy  you should seek the aid of a Tampa bankruptcy attorney before taking any legal action. A bankruptcy lawyer in Tampa can help draft the necessary bankruptcy forms, navigate your petition through the court system, advocate on your behalf against creditors, and help you get the most relief possible from bankruptcy.

Where to File Bankruptcy: District Where you Reside

The first place to start in where to file bankruptcy should be the county in which you live. The proper venue for filing a bankruptcy petition will be the district where 180 days immediately preceding the filing of petition the debtor has:

  • domicile; or
  • residence; or
  • principle place of business; or
  • principle place where the assets are located

If the debtor moved within the 180 days preceding the bankruptcy filing, venue will be where the debtor was located for the greatest amount of time within the 180 days.

Where to File Bankruptcy if Filing for a Business

Once again, the first place to start for where to file bankruptcy will be the location of the business. A corporation’s domicile will be the district where the business is incorporated. A domicile will not change unless a new one is acquired. See In Re Frame. On the other hand, the principal place of business will depend on the facts and circumstances of each case.  For instance, many companies conduct business in multiple states and have locations throughout the country. In these types of situations, the principal place of business is the “nerve center “ of the business. See In Re Peachtree Lane Associates.

The “nerve center” will be the place where the corporation’s major business decisions were made within the 180 days immediately preceding the bankruptcy filing. The principal assets of a business are the assets primarily used in the operation of the business. The assets must be related to the business, investments may not be sufficient. See  In Re Newport Creamery

In cases involving business partnerships, where to file bankruptcy will be based on either the principal place of business or location of the principal assets.  Residence or domicile are not a proper basis for venue in bankruptcy cases filed by partnerships. See In re Willow Ltd. Partnership.

Bankruptcy Law Firm in Tampa

At Florida Law Advisers, P.A., we understand that filing for bankruptcy can be a very confusing and intimidating process.  That is why we work so hard to make the process as easy as possible for our clients. When you hire Florida Law Advisers, P.A., you have an experienced bankruptcy attorney by your side throughout every phase of the bankruptcy process. We will help ensure your rights are protected, keep you well-informed, and help you receive the utmost relief bankruptcy can offer. To schedule a free consultation with a Tampa bankruptcy lawyer at our firm call, email, or fill out an online inquiry on our website today.

child support when parents live in different states

When a family moves from one state to another or the parents reside in different states it can be confusing how to receive child support when parents live in different states. The Uniform Interstate Family Support Act (UIFSA) is designed to help resolve these issues. Under federal law, each state is required to have the UIFSA in effect to help improve the enforcement of child and spousal support orders. The UIFSA  provides uniformity amongst the states for child support procedures and provides for enforcement of child support orders from foreign states. Thus, under the UIFSA, a child support lawyer in Tampa can take legal action to enforce a child support order on a resident of another state.

Using UIFSA for Child Support When Parents Live in Different States

Under the UIFSA, all states are required to recognize and enforce child and spousal support obligations from other states. Therefore, a Florida attorney can help with child support when parents live in different states. For instance, if a Florida family law court issues a child support order and the father subsequently moves to New York, the UIFSA will assist in enforcing the order in New York. Without the UIFSA, Florida may not have jurisdiction (legal authority) to enforce the child support order when parents live in different states.

The UIFSA is very complex and can be difficult to understand without proper legal training. Therefore, if you are a Florida resident seeking to enforce a child support obligation on a resident of a state other than Florida you should seek the assistance of a Tampa child support attorney.

Florida Department of Revenue When Parents Live in Different States

The Florida Department of Revenue can also assist in the collection of child support when parents live in different states. The Florida Department of Revenue can garnish wages, suspend a driver’s license, withhold federal income tax refunds, and take other measures to help obtain payment of child support from Florida residents. If the party obligated to pay is not a Florida resident, the Department can also assist in working with the state the payor resides in to enforce the child support obligation. Moreover, the enforcement action will not be barred simply because the child is over the age of 18. See Florida v. Vorac. The Florida Department of Revenue can be a great resource but they are no substitute for having a qualified family law attorney on your side.

Starting a Case for Child Support in Florida When Parents Live in Different States

The UIFSA can also be utilized in Florida to establish child support when parents live in different states. See Florida Child Support Law 88.4011. Under this child support law, a court can establish child support obligations, if the parent seeking payments reside in a state other than Florida or the support enforcement agency seeking the order is located in another state. If you do not fall into either one of these two categories, contact a family law attorney for information on obtaining a child support order under a different Florida family law statute.

Florida Family Law Firm in Tampa

If you have not been provided the child support you are entitled to contact Florida Law Advisers, P.A. to speak with a family law attorney in Tampa. The child support attorneys at Florida Law Advisers have years of experience assisting families in the Tampa Bay Area resolve their legal issues. We understand how important these matters are and will be by your side every step of the way to provide the legal support you need. For more information or to schedule a free initial consultation with a family law attorney call us today at 800 990 7763.

In order to be convicted of a DUI in Florida, the State must prove beyond a reasonable doubt that the defendant: (1) drove or was in actual physical control of a vehicle; (2) was under the influence of an alcoholic beverage, a chemical substance listed in Florida Statute 877.111, or a controlled substance listed in Chapter 893 of the Florida Statutes; and (3) was impaired or had a blood or breath alcohol level of .08 or higher. If the prosecutor fails to prove all three of the above elements beyond a reasonable doubt the defendant will be found not guilty of DUI. Additionally, if a DUI defense lawyer can properly assert and prove an applicable affirmative defense conviction may be barred.

Under Florida DUI law, a driver can be charged with either a misdemeanor or felony offense for drunk driving. Misdemeanor DUI cases are heard in county court, on the other hand, felony DUI cases are heard in circuit court. The individual circumstances of each case will determine whether or not the driver will be charged with a misdemeanor or felony DUI. Both felony and misdemeanor convictions can have serious repercussions for the driver. A driver facing DUI charges should always seek the aid of a DUI defense lawyer, regardless if they are facing a misdemeanor or felony DUI charge.

First Time DUI Involving Either Property Damage or Non-Serious Bodily Injury:

First time DUI offenses involving in either property damage or non-serious bodily injury are charged as a misdemeanor of the first degree in Florida. See Florida DUI Law 316.193. These offenses typically involve harsher penalties than DUI convictions without property damage or non-serious bodily injury. For instance, if convicted, the driver may be required to install an ignition interlock device (IID) on all vehicles that are individually or jointly leased or owned by the driver. Additionally, the court can require installation of an ignition interlock device on all vehicles not owned or leased that are routinely operated by the convicted driver. Further, the defendant will be required to pay for the installation and maintenance of the IID, which can add up to a lot of money. The costs for each IID usually include: a $12 interlock fee, $75 installation fee, $72.50 monthly monitoring fee, and either a $100 refundable deposit or a $5 monthly insurance charge for the device.

Non-serious bodily injuries are all injuries that are not classified as serious bodily injuries. Serious bodily injury is defined as, an injury which consists of a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See Florida Statute 316.1933

In order to convict the defendant of an enhanced DUI involving either property damage or non-serious bodily injury, the prosecutor must prove the defendant caused or contributed to the property damage or injury, in addition to the requirements for a standard DUI stated above. Further, the indictment upon which the defendant is charged must allege the essential facts constituting both the DUI and property damage. The Prosecutor will not be able to rely on other counts included in the charging document to cure a defect. For instance, in Florida v. Leone, the court vacated a DUI sentence because the second count alleging property damage did not contain sufficient facts to support the allegation. The Prosecutor tried to rely on other counts within the indictment to cure the defect but was overturned by the court. In this case, the DUI defense attorney properly asserted the defense that the indictment violated the defendant’s due process. Since the specific count alleging property damage did not plead the requisite facts, it did not sufficiently inform the defendant of the nature of the crime against him as required under the Florida Constitution.

If you have been arrested for DUI you should hire competent legal counsel, especially if your arrest includes allegations of property damage or injury. Florida DUI law takes a tough stance on drivers convicted of causing property damage or injury while drunk driving. To schedule a free consultation with a DUI defense attorney in Tampa call Florida Law Advisers, P.A. at 800 990 7763. The DUI attorneys at our firm carefully scrutinize every detail of a case to identify any potential errors by police, violations of constitutional rights, mishandling of evidence, or sloppy police work we can use to help our clients. We know how much our clients have at stake in DUI cases and we work diligently to aggressively defend our clients.

Florida child support when the parent lives outside Florida

If you are a Florida resident but your child’s other parent lives in a different state, you may be wondering how to collect Florida child support when the parent lives outside Florida. Conversely, if a Florida court already ordered child support but now the father lives in a different state, how can you enforce the Florida child support when the parent lives outside Florida? The Uniform Interstate Family Support Act may provide the answer to both of these questions. Under federal law, each state is required to enforce the UIFSA to help improve the enforcement and origination of child support orders. The UIFSA provides uniformity amongst the states for child support procedures and provides for enforcement of child support orders on residents living in different states within the U.S. Navigating the UIFSA can be difficult, if you need help contact a family law attorney in Tampa for assistance.

Florida Child Support When the Parent Lives Outside Florida

Under the UIFSA, all states are required to recognize and enforce child and spousal support obligations from other states. Therefore, you can use UIFSA to collect Florida child support when the parent lives outside Florida. For instance, if a Florida family law court issues a child support order to a resident of Georgia, the UIFSA will require Georgia to enforce the order and collect the child support funds. Without the UIFSA, Florida may not have jurisdiction to enforce the child support order on the Georgia resident. Unfortunately, the UIFSA is very convoluted and can be difficult to understand without proper legal training. Therefore, if you are a Florida resident seeking to obtain or enforce Florida child support when the parent lives outside Florida a family law attorney in Tampa can assist with this matter by utilizing UIFSA.

Florida Alimony When the Parent Lives Outside Florida

The UIFSA can be utilized for many types of legal issues affecting families that are separated by state borders, not just Florida child support when the parent lives outside Florida. For instance, UIFSA provides for the establishment of spousal support, establishment of child support, the enforcement of child or spousal support orders (including wage garnishments), and modification of a child or spousal support order. However, the UIFSA cannot be used to resolve any issues regarding child custody or visitation. See Florida v. Ridge. Moreover, the UIFSA cannot be used to condition the payment of child or spousal support upon the granting of visitation.

Using the Constitution to Collect Florida Child Support When the Parent Lives Outside Florida

Additionally, the Full Faith and Credit Clause of the U.S. Constitution along with other federal statutes can be used in combination with the UIFSA to enforce  Florida child support when the parent lives outside Florida. Under the Full Faith and Credit Clause, each state must recognize the judicial decisions and statutes of states within the U.S. Further, federal child support law requires each state to enforce a valid child support order. However, child support law requires that the state have both personal and subject matter jurisdiction.

Personal jurisdiction refers to a court’s authority over the parties in the case. On the other hand, subject matter jurisdiction refers to a court’s authority to rule on the substance (subject matter) of the dispute. For information on subject matter or personal jurisdiction contact a Florida family law attorney in Tampa.

Tampa Family Law Firm

If you need assistance with a child support or alimony case contact Florida Law Advisers, P.A. to speak with a Tampa family law attorney. The family law attorneys at Florida Law Advisers, P.A. have years of experience helping clients resolve their child and alimony disputes. Our professional legal team is passionate about these matters and will work diligently to help achieve the outcome you desire. Contact us today by phone, email, or online inquiry to schedule a free initial consultation with a Florida family law attorney at our firm.