Daytona Beach Legal Blog

When is it legal for law enforcement to stop your vehicle?

On behalf of The Law Office of Brian R. Toung, P.A. on Wednesday, October 17, 2018.

For people facing potential driving under the influence (DUI) charges in Florida, a strong criminal defense is often critical to their futures. Individuals charged with serious crimes, including DUIs, must look carefully at their situations to decide what kind of defense strategy may work.

Many times, those accused of DUI offenses will want to question the validity of the traffic stop that resulted in their arrest. There are certainly grounds for contesting traffic stops as unconstitutional, including cases of blatant racial profiling.

Handling an accident in a rental car

On behalf of The Law Office of Brian R. Toung, P.A. posted in Car Accidents on Friday, October 12, 2018.

Ending up in an accident while you're driving a rental car is the last thing you need on your vacation -- but it happens.

Here's what you need to know about rental car accidents in order to protect yourself:

Limited licenses can help you while dealing with DUI charges

On behalf of The Law Office of Brian R. Toung, P.A. on Monday, October 1, 2018.

Accusations of driving under the influence (DUI) in Florida can lead to life-altering consequences for the person accused. While first-time offenders may avoid jail time, there are fines to think about, as well as the impact of the criminal conviction on their permanent record. There is also the potential for the loss of their license after a DUI conviction.

For first-time DUI offenders, a conviction typically means loss of their driver's license for at least 180 days. In some cases, that suspension may last longer. Aggravating factors, such as a very high blood alcohol concentration BAC or the presence of a minor in the vehicle could result in a longer suspension. Those who have had prior DUI offenses will likely face increased penalties, including a lengthy vehicle suspension.

Florida motorcycle rules to know for 'Biketoberfest'

On behalf of The Law Office of Brian R. Toung, P.A. posted in Car Accidents on Friday, September 28, 2018.

"Biketoberfest" 2018 will soon be here, so it's not too early to start planning your trip to Florida if you want to attend.

It's also not too early to brush up on the rules that motorcyclists need to follow to be safe, especially during large events where the traffic is congested. Nothing can ruin your holiday at Biketoberfest like an accident.

Bicycle injuries can range from minor to life-threatening

On behalf of The Law Office of Brian R. Toung, P.A. on Friday, September 14, 2018.

As a bicyclist, you never want to think about being part of any type of accident. This includes those in which you fall to the ground on your own, as well as a crash with a motor vehicle.

However, if you ignore the fact that this could happen, you may overlook steps you can take to protect yourself.

What happens if I am given a 'Notice to Appear' in Florida?

On behalf of The Law Office of Brian R. Toung, P.A. posted in Tourist Criminal Defense on Wednesday, September 12, 2018.

Florida is one of the nation's top destinations for tourists. Every year, some of those tourists end up in legal trouble, which can be a disorienting experience under the best of circumstances. When you're not in your home area, it's even worse.

Many charges against tourists are misdemeanor violations. These include some marijuana charges, shoplifting and the possession of alcohol while underage. While this is still a serious issue, you may be released at the scene with a Notice to Appear.

DUIs and driving without a license

On behalf of The Law Office of Brian R. Toung, P.A. on Tuesday, September 4, 2018.

Driving without a license is bad enough, but what if you get pulled over for appearing to be under the influence of drugs or alcohol? That's a real problem, and it's one that could cost you a significant amount of your time, money and energy.

In Florida, 8,476 people were killed in alcohol-related collisions between 2003 and 2012. It's not clear how many of those cases also involved drivers who were unlicensed. However, it's important to note that many of these crashes could have been prevented whether or not the driver was licensed if the driver had not been drinking.

How to share the road with young pedestrians, school buses

On behalf of The Law Office of Brian R. Toung, P.A. on Tuesday, September 4, 2018.

With back to school season in full effect, drivers must pay close attention to school zones. Furthermore, this means always sharing the road with young pedestrians and school buses.

Any mistake by a driver, even a minor one, can result in a serious accident with another motor vehicle or pedestrian.

Tourist given jail time for gathering conch shells in Florida

On behalf of The Law Office of Brian R. Toung, P.A. posted in Tourist Criminal Defense on Friday, August 31, 2018.

There are plenty of pretty shells that wash up on the beaches along Florida's shores -- but tourists would be well-advised to make sure that any that they take aren't still in use. Otherwise, they might end up in jail.

A tourist from Texas found out the hard way that Florida is serious about its efforts to protect certain marine species. In this case, the woman filled three plastic bins with live queen conchs during her vacation. Her intention was to use the shells (once they'd been emptied of their owners) as gifts for her family and friends.

Bicycle safety: Things to keep in mind

On behalf of The Law Office of Brian R. Toung, P.A. on Thursday, August 16, 2018.

As the summer gives way to fall, bicyclists will remain on the road in large numbers. It doesn't matter if you're an avid cyclist or only ride every now and again, you could be part of a serious accident when you least expect it.

Even if you're doing whatever it takes to avoid trouble, one mistake by a driver could lead to an accident and injuries that change your life forever. This is why it's so important to follow a variety of bicycle safety tips at all times:

Wear safety gear. This starts with a helmet, but should also include gloves and protection for your arms and legs. It doesn't sound necessary, until you're in an accident and realize that your safety gear helped you avoid serious injury.
Keep your head on a swivel. You should always be on the lookout for any safety concerns, such as drivers who are not paying attention or other cyclists who are riding recklessly.
Use the bike lane. You don't always have access to a bike lane, but if you do you should take full advantage. Riding here is safer than in traffic or on the sidewalk.
Take extra caution when riding at night. It can be great fun to bike at night, especially when it's cooler, but it also increases the risk of an accident. Wear bright colored clothing and install reflectors. Both these things make it easier for people to see you.
Maintain your bike. Improper maintenance, such as neglecting to check your tire pressure, can increase the risk of an accident. Take pride in maintaining your bike, as this keeps it looking its best while also doing wonders for your safety.