Daytona Beach Legal Blog

The mixed blessing of the Florida limited license program

On behalf of The Law Office of Brian R. Toung, P.A. on Thursday, December 13, 2018.

Facing charges of driving under the influence (DUI) in Florida can affect many areas of your life. One of the most obvious and immediate consequences will be the loss of your license and the freedom that comes with it. There are also fines and potential jail time to consider.

Many people truly depend on their vehicles for daily life, from their commute to work to their ability to get their children to and from school. Without the ability to drive, they are at the mercy of rides provided by friends and family or the public transportation system. Few people can actually afford to use taxis and rideshare apps for every trip they have to make.

The charges you can face after a bar fight in Florida

On behalf of The Law Office of Brian R. Toung, P.A. posted in Tourist Criminal Defense on Thursday, December 6, 2018.

Fights in a bar aren't that uncommon, even around the holidays. Frankly, sometimes all it takes for people to misdirect their holiday frustrations toward strangers is a little alcohol and a crowded space.

If you're arrested after a Florida bar fight, here are some potential charges you might face:

You do not have a 'get out of jail free card' for a first offense

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

There are a lot of myths and half-truths floating around about criminal law in Florida, as well as elsewhere. Many people mistakenly believe things about court and criminal penalties that simply are not true.

For example, there is a common misconception that the courts tend to be quite lenient with first-time offenders. This may result in individuals taking unnecessary risks because they don't believe they will face criminal consequences.

Avoid a holiday arrest for drunk driving with these 6 tips

On behalf of The Law Office of Brian R. Toung, P.A. posted in Drunk Driving on Friday, November 23, 2018.

Every year, you can count on the holiday season to bring certain things: lots of food, a festive atmosphere, plenty of good cheer and an increased police presence on the roads and highways all over Florida.

Every year, the Florida Highway Patrol issues an annual reminder that troopers won't be spending the Thanksgiving weekend with their families. Instead, they'll be out in force, looking for dangerous drivers, particularly those who seem inebriated.

8 crucial safety tips for cyclists

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

Florida seems like the perfect state for cyclists, with a long season of pleasant weather and flat terrain. But cyclists do still face a lot of risks. It's dangerous to ride near traffic, but there's often no other option. An accident may not injure a driver at all, but it can leave a cyclist with serious injuries.

How can you reduce these risks and still get out on the road? It starts with wearing a helmet and the right safety gear so that your injuries won't be as serious even if you do get involved in an accident. But there are also a few ways you can reduce the odds of getting involved in a crash to start with. Here are 8 tips that may help:

Always ride with a headlight on your bike. Even during the day, it makes you more visible so that drivers can see you. At night, it may be the most valuable piece of protection you own.
Pick bright clothing. As you can see, visibility is huge. Bright clothing is a must in all situations. If you'll be out after dark, you may also want reflective clothing or extra reflectors on your bike.
Add a red rear light. Remember, cyclists are supposed to ride with traffic, so many accidents happen when cars overtake bikes. A rear light helps them know you're there long before they reach you.
Wear reflective shoes or add reflective strips that velcro around each ankle. While reflectors on your shirt can help, those on your feet are even more visible because they are constantly in motion.
Pick your route before you go. Accidents sometimes happen when cyclists get lost and make sudden adjustments and unexpected turns. Being more familiar with your route helps you plan and act safely.
Stay off of single-lane roads if you can. These just do not give you much room, especially if they are two-way residential streets where two cars can barely pass each other.
Ride on the road, not on the sidewalk. The sidewalk may feel safer, but it's often prohibited and it makes you unpredictable to drivers, who expect you to be in the street.
Get rid of distractions. Do not listen to music or podcasts on your headphones. Stay alert at all times. Watch the traffic around you. Often, you can spot a potentially dangerous driver long before a collision.

Rash of bus stop injuries continues in Florida

On behalf of The Law Office of Brian R. Toung, P.A. posted in Car Accidents on Thursday, November 8, 2018.

A rash of accidents involving children being struck and injured or killed at bus stops by passing vehicles has continued with yet another tragic event in Tampa, Florida.

In the early hours of Nov. 1, 2018, a car plowed into a group of children and adults waiting on a school bus at the corner of Marvy and East Bougainvillea. Five children were injured, leaving one in critical condition. The driver was arrested, although it isn't clear exactly what charges he or she may face. Police claim that alcohol was not involved.

Retail theft is a serious matter in Florida

On behalf of The Law Office of Brian R. Toung, P.A. on Wednesday, October 31, 2018.

People who venture into stores in the Daytona Beach area will find a variety of interesting things up for grabs. It is imperative that shoppers do not allow the temptation of these items to pull them into trying to leave the store without giving the merchant proper payment for them.

Retail theft is a big problem in Florida. There are specific laws that address this issue in our state. Anyone who is accused of shoplifting, as well as anyone who plans on visiting stores around this area, needs to be aware of some basic points related to shoplifting.

You can lose a commercial license due to a DUI

On behalf of The Law Office of Brian R. Toung, P.A. on Monday, October 29, 2018.

A safe driving record is one of the cornerstone requirements for a commercial driver's license in Florida. Potential commercial drivers will need to pass an employment background check conducted by the company that they want to work for. They will also need to qualify for commercial licensing under federal standards.

Beyond that, they must comply with Florida laws that can also impact the ability to hold a commercial driver's license. A broad range of offenses can impact a Florida resident's ability to work as a commercial driver. Driving under the influence of alcohol or illegal drugs is one such offense, but there are many others as well.

Sleepy driver causes accident at Florida toll booth

On behalf of The Law Office of Brian R. Toung, P.A. posted in Car Accidents on Friday, October 26, 2018.

A 32-year-old man landed in a hospital after a devastating accident -- one that was caught on camera at a Florida toll booth near Winter Haven.

The victim was sitting at the toll in his Chevy Silverado when a GMC plowed into him. The force of the impact caused the GMC to end up partially on top of the Chevy. It also managed to damage a light display, camera and two of the control panels used by the toll booths.

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.