Monday, July 31, 2017

Passenger arrested after Confrontation with Pilot

Surveillance footage linked here shows the tense moments leading up to an altercation last week between a pilot and a passenger at Kansas City International Airport in Missouri.
The video shows two men entering the airport through an American Airlines gate on April 12. One man is wearing a pilot’s uniform and the other is wearing a blue shirt – he is a passenger.
The passenger appears to follow the pilot through the airport, arguing with him.
The passenger apparently told authorities the altercation began when the pilot, who was traveling as a passenger on the same flight, was “taking up too much room on the aircraft and being disrespectful,” according to an incident report filed by the Kansas City International Airport Police Department.
The passenger allegedly followed the pilot “outside the secure area” in an attempt to take a cellphone photo of his badge, according to reports.
The video shows the passenger’s cellphone being knocked out of his hand as the pilot tries to block his badge. The passenger allegedly grabbed the pilot by the shoulders and pushed him away, causing the pilot to trip over his own luggage.
After the physical altercation, the pilot apparently tried to leave the concourse to meet his wife waiting outside in a car. The passenger followed him, talking to the pilot and trying to take a photo of the car’s license plate, before airport police intervened, according to the incident report.
Police said that the incident was captured on video from the security cameras in the airport and that the footage was saved for further review.
Although the pilot walked away from the altercation, he “suffered lacerations to both legs and bruising to his forearm,” according to the incident report.
The passenger, a 49-year-old man, has been charged with “intentionally inflicting injury” on the pilot. His court date is set for May 16, according to court documents. He could face a fine or up to 180 days in jail.
Battery is a criminal charge that involves bodily injury against another person. Basically, a battery charges involves some type of willful and unlawful physical contact with another person. Battery charges are taken very seriously by law enforcement officers and prosecutors, so it is important to retain legal help as soon as possible to combat these charges.
Florida Criminal Defense Attorney Richard Della Fera can offer you dedicated and thorough legal help to improve the chances of beneficial outcome to your case. It may very well be possible to have the charges against you reduced or dropped just by explaining the circumstances of the incident, especially if you have no criminal history or acted in self-defense.
Call him today at 954.514.9955 or contact us online if you have been charged with criminal battery and we will work to achieve a favorable resolution on your behalf. Your initial consultation with us is completely free.

Friday, July 14, 2017

Four things to do immediately after you get a DUI

You Only Have 10 Days to Keep Your License

After a DUI arrest, your DUI citation serves as a temporary license that allows you to drive for 10 days. Once the 10 days is up, YOUR LICENSE WILL BE SUSPENDED for 6 MONTHS if you had a blood alcohol level higher than .08, or, 1 YEAR if you refused any blood, urine, or breath test. Fortunately, you do have options:
Option #1: A DUI lawyer can request a Formal Review Hearing to get your driving privileges temporarily extended. By requesting a Formal Review Hearing, your attorney is contesting the legality of your suspension. You only have 10 days from the date of your arrest to request this hearing. If requested in time, the hearing will be scheduled within 30 days from the date of your DUI arrest. This gives your attorney time to request all the reports and records to prepare for the hearing and, if necessary, subpoena the arresting officer. If your lawyer wins the hearing, your suspension will be vacated and your driving privileges will be reinstated, pending the result of your DUI charges.
If your lawyer does not win the hearing, you will lose all driving privileges for 30 days if your BAC results were over.08, and 90 days if you refused the BAC tests altogether. After that time has passed, you can then request a hardship license so you can drive to and from school or work. In order for this to happen, you will need to signup for DUI school and undergo a substance-abuse evaluation. If you do not complete the DUI classes or any treatment that was recommended, your limited purpose permit will be revoked and you will not be able to get a license until they are completed, even if the original 6-month or 1-year suspension is over.
Option #2: Depending on the facts of your case, your attorney may advise against a formal review hearing. Instead, they would help you waive the hearing and obtain a hardship license WITH NO 30 or 90 DAY SUSPENSION. In order for this to happen, you will need to sign up for DUI school within 10 days of your arrest, before the hearing waiver is filed. With this option, you would be able to drive to and from school and work, as well as anywhere else that is required to maintain your livelihood.

Attend Your Arraignment

The arraignment is your first court appearance in which you, or your attorney, will enter a plea of “guilty”, “not guilty” or “no contest” to your DUI charges. If you don’t have an attorney, you will need to be present for the arraignment. Ideally, you want an attorney at this point but you can ask the judge for a continuance to give you more time to hire a lawyer.
Whether or not you are present at the arraignment, under no circumstances should you plead guilty. This will result in the judge closing your case and imposing a sentence immediately. Even though you may feel like there is a pile of evidence against you, never assume a successful outcome cannot be reached. Hiring an attorney will provide you an opportunity to resolve your case by developing a custom tailored defense strategy for your DUI charge.

Write Down Everything That Happened

Remembering every little detail from the day of your arrest becomes nearly impossible as time goes on. To avoid missing any information that could be crucial to your case, write down everything you did that day, such as what you ate, where you went, and who you were with.
When you get to the point where you were pulled over, make sure you write down what you recall from the conversation you had with the officer, as well as any tests you were asked to take and how you performed on those tests.
Here is a list of questions you can ask yourself to help make sure you cover all the details:
  • How long did you stay at the bar
  • How many total drinks did you have
  • Were you seen leaving the bar by the arresting officer?
  • Was the arrest at a DUI checkpoint?
  • Any medical conditions?
  • Did you take any medication the day of your arrest?
  • What were the road conditions like?

Meet With a DUI Attorney To Discuss Your Options

Arrange consultations with a few DUI attorneys in your area. Make sure to bring your notes so each attorney can review the facts of your case.
No lawyer can guarantee they will win, but every case has the potential to be winnable. Ask each attorney what they plan on doing to obtain the best possible outcome and look for a lawyer that is ready to fight for your case.
These important tips will help ensure you avoid making any mistakes at the beginning of the DUI process. A DUI is a big deal and a conviction can affect the rest of your life. At the very least, you should have a head start on your search for the best DUI attorney in Fort Lauderdale. Contact Richard F. Della Fera, Esq. 954.514.9955  today