What is domestic battery? A legal blast

It’s your personal injury attorney Derek Bernstein here for another 30 second legal blast with the Hillsborough county courthouse in the background today to talk about the difference between domestic battery and simple battery.  So in the state of Florida, for it to be domestic it must be on a household or family member. So if you punch a random dude on the street, battery. If you punch your sister that lives at home with you, domestic battery and domestic battery carries with it a lot more implications you can’t seal or expunge it, as well as your gun rights. There are a lot of other issues. You can personally send me a message  to answer those questions for you but this is Derek Bernstein, personal injury attorney with another 30 second legal blast.

Does my attorney have to prepare for hearings?

Through a personal injury attorney Derek Bernstein here today taking my walk to the courthouse this is right back there live on one’s East Kenny Boulevard so it’s a nice short walk to the courthouse or some hearings really important thing is that you must prepare for hearings even if you’ve done them before always lay out time during your day or the day before look at your calendar make sure you know what you’re going up against who your opposing counsel is the up everything printed if you need printed or if you can avoid the hearing entirely by making a phone call or an email do that too because if you are going to unnecessary hearings then you’re not sitting behind the desk enough and you can’t settle cases at unnecessary hearing so it’s all those young attorneys out there and get a lot done with a phone call or an email to prepare ahead of time but if you have to go to a hearing you know I don’t like to over prepare meaning don’t sweat every single nuance the reason I say that is sometimes you’re too stuck on every single nuance you forget to listen you forget to react to the judge and that in my opinion would be even more valuable than knowing every miniscule detail obviously you want to know as much as you can about the topic you’re talking about but remember when in court to listen and to react and I find that to always work so it’s all young you young attorneys out there we’re nervous about hearings prepare but don’t over prepare so a little bit of tips from I’d like to think myself is a little bit seasoned attorney here on my walk to the Hillsborough County Courthouse I take you along for the ride good day

Can I get a DUI on a bicycle; A legal blast

It is your personal injury attorney Derek Bernstein here for another thirty second legal blasts this time riding around on my bike through the St. Paul’s neighborhood out in front of St. Paul’s Church talking today about DUI so a lot of people think a DUI you can only get in a car that is not true or a motorcycle you can also get it on a bicycle so if you’re drinking down at the beach and you’re riding your bike you can get a DUI as well if you see those motorized scooters or other things that are basically motorized that you can ride on you can get a DUI so you can you’re going to lose your license riding a bicycle so if you’re riding your bike and you’re drinking put it down start walking can’t get in trouble for that another thirty second legal blasts your personal injury Attorney. Have a nice day.

Should I take a DUI breathalyzer when smoking marijuana (weed)

Hello everybody out there Facebook Instagram YouTube or wherever you’re watching this video it is your personal injury attorney Derek Bernstein calling it quits for the day here at the offices at a legal group in downtown Tampa today I wanted to answer a question that I got this week about DUI so a lot of people when they come and talk to me they think a DUI it has to do with drinking but it doesn’t actually you are talking about driving under the influence the influence can literally be anything it can be prescription pills it can be drinking but today I want to talk to you about marijuana and DUI so 2018 we like to have fun marijuana but what you need to know is you can get a DUI so one of the things is can it be checked essentially with a breathalyzer and the answer is clearly dad you can’t so if you’re wondering what was right what is going on with that when you do a blood alcohol breathalyzer what is doing is actually taking what’s in your breath and particles of the alcohol and then it’s measuring it so if you’re high on marijuana it’s going to show up and read as zero because you have not been Drinking you have been smoking or something else so if you get pulled over and allegedly you haven’t been drinking and you’ve only been smoking then what you can do is you can choose to take a breathalyzer and it will come up with zeros and not that I am telling people to do this but juries when finding people guilty of a DUI really want to see the blood alcohol test so when the cops come and tell you that this person was driving under the influence and your attorney good criminal defense attorney will bring out the fact that you blew zeros across the board so they will have it if I’m trying to have a hard time to tell a jury of six year peers that you were driving under the influence when they show that at trial so I don’t recommend anybody smoke and drive but if you do smoke and drive and you are not drinking I would recommend that you do the blood alcohol blow and don’t hire yourself a really good attorney if you get arrested like myself and take care of it in court and go after it so this is another question here answered by yours truly your personal injury attorney Derek Bernstein it’s Friday about to go hit up the gym keep the questions come and subscribe to my YouTube channel follow me on Instagram like share on Facebook see you next week

What is hearsay?

Hello everybody out there in social media land. it is your personal injury attorney Derek Bernstein here for another legal blast shooting this video inside my 2015 Hyundai Sonata I know you’re all jealous with all that great Headroom so I’m here to talk about an issue that I’ve cried and people come to me when they ask can I go to court can I represent myself and one of the things we can go to court if you’re been there if your people say or you watch SVU or law and order or whatever and you hearsay your honor objection hearsay and you leave it on the judge they sustained or overruled and so what is hearsay how can you use it how can use it against you and how can you overcome it so hearsay is an out-of-court statement used to prove a Mac the matter at hand so an example would be your friend telling you what the person you’re trying to sue said so you bring up in court well here’s my friend Susie who I heard from her that that person I’m seeing said the light was bulletin I’m sorry blue green well you’re trying to prove what somebody else says through what somebody else said who probably has a by so inherently they’re unreliable that’s why the judges don’t let you but one way to get around it is that the person you’re suing if they made statements to you well then that’s a statement by a party opponent it is not hearsay and so if they after the car crash come out and say oh I’m sorry I was looking down at my cell phone I didn’t see you there well if when that person says objection your Honor hearsay you can say your honor that’s an exemption exception under the rule and that is a statement by a party opponent not hearsay the judge should go that was Awesome I’m going to allow it and then you have evidence then in that you can prove your case so there’s tons more exceptions and exemptions to the hearsay rule reach out to me we’re trying to go it alone I don’t recommend it but I can help you out as much as I can so it’s your personal injury attorney Derek Bernstein here asking you to subscribe to my YouTube channel just search my name and follow me on Instagram you can watch it on Facebook I appreciate if you found this video to be good or informative or maybe your grandma needs to watch it or your one of your friends please share it and I’m just trying to spread some legal knowledge out there to the community so thank you guys for watching spread the word and I’ll hit you with another one keep those questions coming.

Why did I get pulled over for a dui when I wasn’t drinking

Hello everybody out there on social media. it is your personal injury attorney to our crime scene here leaving the courthouse after another successful if you’re going to want to talk to you today about probable cause when people get pulled over at night and one of the reasons that nobody really knows about and the cops can use to pull you over as a legal stop and that is attaching the little sticker on the top part of your license plate in the wrong place so by statute there is one legal place to post your sticker and that is right there see that top right corner so I know I see people and they post it and every little spot the lights go top left top right do a little design pretend they’re you know Bureau Wang with their backup their license plates and that actually can lead to a violation so when you’re pulling out of a bar in downtown St. Pete or you’re pulling out of a bar in SoHo or Brandon or wherever you like to have your libations the cops can look you have it on the top left well guess what they can pull you over and then what they’re going to see is they’re going to see bloodshot glassy watery eyes and the smell of Alcohol it comes up in every time I arrest you’ll see those words and you’ll go wait a second I wasn’t swerving I wasn’t doing this I wasn’t doing that and to compensate well they have fixed their tag in the wrong place that is a proper stop and then we discovered the smell of alcohol and all those things so when it comes around your birthday time you got to pay the tax man you get the little sticker top right hand corner is the only legal place to do so if you don’t have it there go out to your car right now peel it off the top left put it on the top right because you don’t want to get pulled over and sent to jail for a DUI at 2:00 a.m. in the morning and remember you can be put in jail but even if you only had a little bit to drink or you even blow over because your recourse is in court so does your personal injury attorney Jerry Percy here just leaving the courthouse subscribe to my channel YouTube Instagram TV Instagram Facebook LinkedIn wherever you find me reach out ask your questions I’m going to keep you guys out of jail somewhere legalized facts today for your day I’ll be going