FAQs
Could I Have a Claim for Punitive Damages Against My Insurance Company?
Yes, possibly. Florida law entitles an insured to punitive damages, if the insurance company engages in unfair claims settlement practices with such a frequency to indicate general business practices that are willful, wanton, and reckless to the right’s of the insured. (F.S. §627.736)(2010). In this situation, punitive damages are intended to punish the insurance… Read More
Can I Only Operate My ATV or Go-Kart on My Property or I Can Actually Ride It on the Street in Gainesville?
In Florida, you may operate an ATV or go-kart only on private land or on unpaved public roadways where the speed limit is less than 35 mph. If you decide to operate an ATV or a go-kart on an unpaved public roadway, you can do so only during daytime. You are also prohibited from… Read More
Can I Be Criminally Charged if My Dog Bites Someone in Ocala or Gainesville?
Yes, as an experienced personal injury attorney, dedicated to helping people recover damages in civil suits, it is important to know that a dog attack may result in misdemeanor or felony criminal charges. Criminal charges are more likely when a dog was previously declared dangerous by the authorities and it attacks someone or if… Read More
What Does Personal Injury Protection Cover?
If you are injured in an accident, it may be beneficial to have personal injury protection (PIP). While it is required in some states, in others it isn’t available. Here in the state of Florida, it is a requirement to have PIP, so while many people know that it is part of their insurance… Read More
What Do Florida’s Seat Belt Laws Say?
All drivers must wear a seat belt while operating a vehicle. All passengers in the front seat of a vehicle must wear a seatbelt. Any passenger under the age of 18 in the backseat of a vehicle must wear a seat belt. Children three and under must be a in a federally approved restraint… Read More
What Exactly Does Florida’s Texting While Driving Law Mean?
The law was passed to protect the overall safety of everyone using the roadways. Texting while driving is a secondary offense. This means an officer can only pull you over if you commit a primary traffic offense and then issue you a citation for texting while driving. A primary offense is one that an… Read More
I Was Arrested in Gainesville, Florida for DUI While Riding My Bicycle – How Can That Be?
This is a very important question because Florida leads the nation in bicycle rider fatalities. In addition, according to the National Highway Traffic Safety Administration, in 2011, one-fourth of the cyclists killed had a blood alcohol concentration (BAC) of .08% (grams per deciliter) or higher which is over the legal limit. What is a… Read More
I Am Facing My Third DUI in Florida – Will I Lose My License Permanently?
A third offense DUI (driving under the influence) charge in Florida carries with it steep punishments. This could include the loss of your driver’s license for many years. The length of time in which you lose your license will vary depending on how close together the driving offenses occurred. Fortunately, acting responsibly during the… Read More
What is DUI Extradition? Does It Apply in Florida?
Extradition is the removal of a person (fugitive) from the state in which he is physically located (asylum state) to the state that requests him to face criminal charges or punishment (demanding state). Florida statute 941 allows the state to request extradition from anywhere in the Unites States. The process for extradition in Florida,… Read More
Business Purpose Only (BPO) Driver’s Licenses: When Can I Apply For a BPO Hardship License?
Florida permits application for a hardship, Business Purpose Only (BPO) license after a first-time DUI conviction. To qualify for a BPO license, an offender may be required to successfully complete “DUI School” or any other mandatory substance abuse evaluation(s). Generally, a first-time DUI offender must abstain from driving for 30 days, if the driver… Read More