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Sammis Law Firm, P.A.
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This year at Gasparilla in Tampa, FL, the Florida Fish and Wildlife Commission was busy arresting 15 boaters for "boating under the influence" of alcohol or drugs. The attorneys at the Sammis Law Firm represent clients charged with boating under the influence throughout Hillsborough County and the surrounding areas. Visit our website to find out how BUI prosecutions by the State Attorney's Office are similiar to DUI prosecutions.

https://www.tampaflduilawyer.com/avoid-dui-penalties/boating-under-the-influence-bui/
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Always stay at the scene of a crash. The law can be unforgiving if you leave the scene of a crash before complying with Florida law. Read this article explaining Florida's "hit and run" laws for leaving the scene of a traffic accident.

The penalties for "hit and run" increased on July 1, 2014, with the changes to Florida Statute Section 316.027 that applies to drivers leaving the scene of a crash.

Leaving the scene of a crash resulting in serious bodily injury to a person is now a second-degree felony (punishable by up to 15 years in Florida State Prison) instead of a third-degree felony (punishable by five (5) years in Florida State Prison).

The "Aaron Cohen Life Protection Act" requires the driver of a vehicle involved in a crash that results in serious bodily injury to a person to immediately stop the vehicle and remain at the scene of the crash.

The hit and run statute requires a mandatory minimum sentence for cases involving death and DUI. It creates the penalties for leaving the scene. For instance, the statute imposes a minimum driver license revocation period of at least three years and driver education requirements for leaving the scene of a crash.

No motion to depart from the mandatory minimum term of imprisonment for leaving the scene of a crash resulting in death is allowed if the defendant was DUI at the time of the offense

The court is authorized to grant a motion to depart from the mandatory minimum only upon a finding that the imposition of the mandatory minimum term would result in an injustice.

A conviction for the charge of leaving the scene of a crash resulting in the death of a person now requires that the court impose a mandatory minimum term of imprisonment of 4 years.

Florida's hit and run statute increases the mandatory minimum term of imprisonment from 2 to 4 years for a driver convicted of leaving the scene of a crash resulting in the death of a person while driving under the influence (DUI).

If the victim qualifies as a "vulnerable road user" then a conviction for leaving the scene of a crash is ranked one level higher than specified in the Criminal Punishment Code.

The attorneys at the Sammis Law Firm represent clients charged with hit and run crimes after hitting a parked car or an occupied vehicle in Tampa, Hillsborough County and the surrounding areas throughout Tampa Bay. We also represent clients charged with more serious felony crimes for leaving the scene of an accident if anyone suffers an injury from the crash.
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The State Attorney for Hillsborough County, FL, issued a press relese on December 12, 2017. The media advisory and notice of press conference is entitled "State Attorney Andrew Warren to Disarm Domestic Abusers."

The press conference is scheduled for December 13, 2017 at 10:30 a.m. at the Office of the State Attorney for the Thirteenth Judicial Circuit at 419 N. Pierce Street, Floor 3, Tampa, FL 33602.

This press conference is just one more indication about how aggressively domestic violence cases are prosecuted in Tampa and Hillsborough County, FL.

Read more about domestic violence cases in Hillsborough County including domestic violence battery, domestic battery by strangulation, or battery on a pregnant female - https://www.criminaldefenseattorneytampa.com/domestic-violence/

Find out why the court will impose a condition to your bond that prohibits you from possessing a firearm or ammunition while the case is pending. If you are convicted of any domestic violence charge, then you will forever lose your right to possess a firearm or ammunition under federal law (lifetime ban).

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Is a DUI a Misdemeanor or a Felony?

The vast majority of DUI cases in Florida are charged as a misdemeanor. The penalties for a DUI conviction are enhanced if any of the following aggravating factors are proven:

- prior DUI conviction within 5 years;
- crash with property damage ;
- child passenger; or
- BAC reading at .15 or above.

A DUI cannot be charged as a felony unless:

- it involves a crash with death or serious bodily injury;
- there are two prior DUI convictions with one being within the last 10 years; or
- there are three prior DUI convictions in the lifetime.

Keep in mind that even for a first DUI charged as a second-degree misdemeanor, a conviction comes with minimum mandatory penalties that are typically more severe than most third-degree felonies.

The trials tend to be more complicated than many second-degree felony charges because of the nature of the scientific evidence including field testing and chemical testing.

Additionally, DUI cases are subject to extreme jury prejudice due to "media blitz" publicity and the pressures from citizen action groups such as Mother's Against Drunk Driving (MADD). Additionally, DUI trials are complicated because many of the prospective jurors are nondrinkers, reformed alcoholics, or have religious reasons not to drink alcohol.

For all of these reasons, you need a local DUI defense attorney who is focused on fighting these unique types of cases. Call us for a free consultation so that you can find out more about our unique qualifications as the top DUI defense attorneys in Tampa, FL.

Read more about DUI defense in Tampa, FL, at Sammis Law Firm, P.A. https://www.criminaldefenseattorneytampa.com/
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I had fun speaking on the legal panel for Tampa Hempfest today with Michael Minardi & Jhenerr Hines. Vote Yes on 2 to legalize Medical Marijuana in Florida in 2016.

We talked about recent changes to the Florida's Right to Try Act to include medical marijuana for the terminally ill, local city ordinances in Tampa to decriminalize cannabis, and Amendment 2 to legalize medical marijuana in Florida in 2016.

Ballot Language

CONSTITUTIONAL AMENDMENT PETITION LANGUAGE
BALLOT TITLE: Use of Marijuana for Debilitating Medical Conditions

BALLOT SUMMARY: Allows medical use of marijuana for individuals with debilitating medical conditions as determined by a licensed Florida physician. Allows caregivers to assist patients’ medical use of marijuana. The Department of Health shall register and regulate centers that produce and distribute marijuana for medical purposes and shall issue identification cards to patients and caregivers. Applies only to Florida law. Does not immunize violations of federal law or any non-medical use, possession or production of marijuana.

ARTICLE AND SECTION BEING CREATED OR AMENDED: Article X, Section 29

FULL TEXT OF THE PROPOSED CONSTITUTIONAL AMENDMENT:

ARTICLE X, SECTION 29.– Medical marijuana production, possession and use.

(a) PUBLIC POLICY.

(1) The medical use of marijuana by a qualifying patient or caregiver in compliance with this section is not subject to criminal or civil liability or sanctions under Florida law.

(2) A physician shall not be subject to criminal or civil liability or sanctions under Florida law solely for issuing a physician certification with reasonable care to a person diagnosed with a debilitating medical condition in compliance with this section.

(3) Actions and conduct by a Medical Marijuana Treatment Center registered with the Department, or its agents or employees, and in compliance with this section and Department regulations, shall not be subject to criminal or civil liability or sanctions under Florida law.

(b) DEFINITIONS. For purposes of this section, the following words and terms shall have the following meanings:

(1) “Debilitating Medical Condition” means cancer, epilepsy, glaucoma, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), post-traumatic stress disorder (PTSD), amyotrophic lateral sclerosis (ALS), Crohn's disease, Parkinson's disease, multiple sclerosis, or other debilitating medical conditions of the same kind or class as or comparable to those enumerated, and for which a physician believes that the medical use of marijuana would likely outweigh the potential health risks for a patient.

(2) “Department” means the Department of Health or its successor agency.

(3) “Identification card” means a document issued by the Department that identifies a qualifying patient or a caregiver.

(4) “Marijuana” has the meaning given cannabis in Section 893.02(3), Florida Statutes (2014), and, in addition, “Low-THC cannabis” as defined in Section 381.986(1)(b), Florida Statutes (2014), shall also be included in the meaning of the term “marijuana.”

(5) “Medical Marijuana Treatment Center” (MMTC) means an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department.

(6) “Medical use” means the acquisition, possession, use, delivery, transfer, or administration of an amount of marijuana not in conflict with Department rules, or of related supplies by a qualifying patient or caregiver for use by the caregiver’s designated qualifying patient for the treatment of a debilitating medical condition.

(7) “Caregiver” means a person who is at least twenty-one (21) years old who has agreed to assist with a qualifying patient's medical use of marijuana and has qualified for and obtained a caregiver identification card issued by the Department. The Department may limit the number of qualifying patients a caregiver may assist at one time and the number of caregivers that a qualifying patient may have at one time. Caregivers are prohibited from consuming marijuana obtained for medical use by the qualifying patient.

(8) “Physician” means a person who is licensed to practice medicine in Florida.

(9) “Physician certification” means a written document signed by a physician, stating that in the physician's professional opinion, the patient suffers from a debilitating medical condition, that the medical use of marijuana would likely outweigh the potential health risks for the patient, and for how long the physician recommends the medical use of marijuana for the patient. A physician certification may only be provided after the physician has conducted a physical examination and a full assessment of the medical history of the patient. In order for a physician certification to be issued to a minor, a parent or legal guardian of the minor must consent in writing.

(10) “Qualifying patient” means a person who has been diagnosed to have a debilitating medical condition, who has a physician certification and a valid qualifying patient identification card. If the Department does not begin issuing identification cards within nine (9) months after the effective date of this section, then a valid physician certification will serve as a patient identification card in order to allow a person to become a "qualifying patient" until the Department begins issuing identification cards.

(c) LIMITATIONS.

(1) Nothing in this section allows for a violation of any law other than for conduct in compliance with the provisions of this section.

(2) Nothing in this section shall affect or repeal laws relating to non-medical use, possession, production, or sale of marijuana.

(3) Nothing in this section authorizes the use of medical marijuana by anyone other than a qualifying patient.

(4) Nothing in this section shall permit the operation of any vehicle, aircraft, train or boat while under the influence of marijuana.

(5) Nothing in this section requires the violation of federal law or purports to give immunity under federal law.

(6) Nothing in this section shall require any accommodation of any on-site medical use of marijuana in any correctional institution or detention facility or place of education or employment, or of smoking medical marijuana in any public place.

(7) Nothing in this section shall require any health insurance provider or any government agency or authority to reimburse any person for expenses related to the medical use of marijuana.

(8) Nothing in this section shall affect or repeal laws relating to negligence or professional malpractice on the part of a qualified patient, caregiver, physician, MMTC, or its agents or employees.

(d) DUTIES OF THE DEPARTMENT. The Department shall issue reasonable regulations necessary for the implementation and enforcement of this section. The purpose of the regulations is to ensure the availability and safe use of medical marijuana by qualifying patients. It is the duty of the Department to promulgate regulations in a timely fashion.

(1) Implementing Regulations. In order to allow the Department sufficient time after passage of this section, the following regulations shall be promulgated no later than six (6) months after the effective date of this section:

a. Procedures for the issuance and annual renewal of qualifying patient identification cards to people with physician certifications and standards for renewal of such identification cards. Before issuing an identification card to a minor, the Department must receive written consent from the minor’s parent or legal guardian, in addition to the physician certification.

b. Procedures establishing qualifications and standards for caregivers, including conducting appropriate background checks, and procedures for the issuance and annual renewal of caregiver identification cards.

c. Procedures for the registration of MMTCs that include procedures for the issuance, renewal, suspension and revocation of registration, and standards to ensure proper security, record keeping, testing, labeling, inspection, and safety.

d. A regulation that defines the amount of marijuana that could reasonably be presumed to be an adequate supply for qualifying patients’ medical use, based on the best available evidence. This presumption as to quantity may be overcome with evidence of a particular qualifying patient’s appropriate medical use.

(2) Identification cards and registrations. The Department shall begin issuing qualifying patient and caregiver identification cards, and registering MMTCs no later than nine (9) months after the effective date of this section.

(3) If the Department does not issue regulations, or if the Department does not begin issuing identification cards and registering MMTCs within the time limits set in this section, any Florida citizen shall have standing to seek judicial relief to compel compliance with the Department’s constitutional duties.

(4) The Department shall protect the confidentiality of all qualifying patients. All records containing the identity of qualifying patients shall be confidential and kept from public disclosure other than for valid medical or law enforcement purposes.

(e) LEGISLATION. Nothing in this section shall limit the legislature from enacting laws consistent with this section.

(f) SEVERABILITY. The provisions of this section are severable and if any clause, sentence, paragraph or section of this measure, or an application thereof, is adjudged invalid by a court of competent jurisdiction other provisions shall continue to be in effect to the fullest extent possible.

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The accreditation for Florida's arson lab goes up in smoke.

"This a huge deal. I mean, it's going to impact every single lab test that came out of that lab. When that accreditation gets pulled, that's a really big deal for the crime lab," said Tampa defense attorney Leslie Sammis.

Sammis told us no one told her the lab's accreditation was suspended. She said this information should be shared with every defense attorney in Florida.

"So if prosecutors don't know about it, that's a really big problem," said Sammis. "And if the prosecutors do know about it, and they're not sending out to the criminal defense attorney, that's an even bigger problem."
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Cool new online attorney membership directory launched for the California DUI Lawyers Association. We need a state level DUI organization like this in Florida. This directory is a great way for the public to find a qualified attorney and avoid the commercial directories. Good work +Lawyer Legion and +Internet LAVA, LLC !
Looking for a DUI attorney in San Diego, CA? Check out the new directory for the California DUI Lawyers Association. If you are a DUI attorney in CA, make sure you have claimed your profile. Specialty bar association can have better online attorney directories. Let us know what you think.
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Did you know officers in Florida have their own special Bill of Rights? Does it prevent a DUI investigation when a detective allegedly shows up drunk to work a roadside investigation?
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This is a good way to find an DUI attorney online in California. Check out the directory for the California DUI Lawyers Association founded in 1989.
+Lawyer Legion just launched the new "find a lawyer" directory for the California DUI Lawyers Association founded in 1989. The top DUI lawyers in California are active in this organization. Visit their directory if you need a DUI attorney.  More than 500 attorneys are listed. If your organization needs a better membership directory then contact Lawyer Legion and the team and +Internet LAVA, LLC .
http://lawyers.california-dui-lawyers.org/
Find a California DUI Attorney in CDLA
Find a California DUI Attorney in CDLA
lawyers.california-dui-lawyers.org
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Do you like the design of your criminal defense or DUI website? If not, then give +Internet LAVA, LLC a call and tell them that we sent you.

We highly recommend this company - visit our website to learn more about the drunk driving defense website that Internet LAVA, LLC, designed for our company more than five years ago.

We have recommended Internet LAVA, LLC, to many of our friends over the years (and they are still our friends and very happy with their website and internet marketing strategy). You can call us for more information if you are looking for a website design company.

#dui

http://goo.gl/rWa2bG
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