Topics relating to Tampa Bay | St. Petersburg, FL https://www.stpetelawgroup.com/tag/tampa-bay/ St Petersburg's Oldest Full Service Law Firm Thu, 21 Aug 2025 17:50:34 +0000 en-US hourly 1 https://www.stpetelawgroup.com/wp-content/uploads/favicon-150x150.png Topics relating to Tampa Bay | St. Petersburg, FL https://www.stpetelawgroup.com/tag/tampa-bay/ 32 32 Best Lawyers in America 2026 Edition https://www.stpetelawgroup.com/best-lawyers-in-america-2026-edition/ Thu, 21 Aug 2025 17:48:18 +0000 https://www.stpetelawgroup.com/?p=22336 At Battaglia, Ross, Dicus & McQuaid, P.A., eleven attorneys are honored in the 32nd Best Lawyers in America and 6th Ones to Watch editions.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud to share that eleven of our attorneys have been honored in the 32nd edition of Best Lawyers in America and the 6th edition of Best Lawyers: Ones to Watch in America. Being recognized reflects not just professional achievement, but also the lasting impact we aim to make for those we represent. Best Lawyers in America has honored the following attorneys for their outstanding work in their respective fields:

Sean K. McQuaid (Recognized in Best Lawyers since 2023)

  • Personal Injury Litigation – Plaintiffs

Aubrey O. Dicus, Jr. (Recognized in Best Lawyers since 2010)

  • Commercial Litigation
  • Criminal Defense – General Practice
  • Criminal Defense – White-Collar
  • Personal Injury Litigation – Defendants
  • Personal Injury Litigation – Plaintiffs

Jonathon Douglas (Recognized in Best Lawyers since 2023)

  • Insurance Law
  • Litigation – Insurance

Robert Kapusta, Jr. (Recognized in Best Lawyers since 2023)

  • Closely Held Companies and Family Businesses Law
  • Corporate Law
  • Mergers and Acquisitions Law
  • Real Estate Law
  • Trusts and Estates

Bruce Marger (Recognized in Best Lawyers since 2009)

  • Litigation – Trusts and Estates
  • Trusts and Estates

Andrew R. Pardun (Recognized in Best Lawyers since 2023)

  • Corporate Law
  • Litigation – Real Estate
  • Real Estate Law

C. Hunter Rawls (Recognized in Best Lawyers since 2025)

  • Litigation – Trusts and Estates
  • Trusts and Estates

Caitlin C. Szematowicz (Recognized in Best Lawyers since 2023)

  • Commercial Litigation

Best Lawyers: Ones to Watch in America (2026 Edition):

Lama Alqasemi

  • Elder Law
  • Trusts and Estates

Ranger Jackson

  • Criminal Defense – White-Collar
  • Personal Injury Litigation – Plaintiffs

Alec Waid

  • Commercial Litigation
  • Criminal Defense – General Practice

Sean K. McQuaid

Sean K. McQuaid has been named to Best Lawyers in America in 2026 for his work in Personal Injury Litigation – Plaintiffs. He currently serves as President and Managing Partner of Battaglia, Ross, Dicus & McQuaid, P.A., and previously held the role of President of the St. Petersburg Bar Association from 2020 to 2021. In 2025, he was also recognized as one of St. Pete’s Best Personal Injury Attorneys. His practice spans a range of areas, including personal injury, wrongful death, and criminal defense.

Aubrey O. Dicus, Jr.

Aubrey is honored in the 2026 edition of Best Lawyers in America for his work in Criminal Defense – General Practice, Criminal Defense – White Collar, Commercial Litigation, and Personal Injury Litigation – Plaintiffs and Defendants. With nearly five decades at the firm, he brings unparalleled experience, having represented clients in cases ranging from minor disputes to highly complex, high-profile matters. He has also been named to the 2025 Florida’s Super Lawyers list.

Jonathon Douglas

Jonathon Douglas, recognized in the 2026 edition of Best Lawyers in America for Insurance Law and Insurance Litigation, is also a Florida Super Lawyer and St. Petersburg native. He has devoted his career to advocating for policyholders in complex insurance disputes and currently serves as a partner at Battaglia, Ross, Dicus & McQuaid, P.A., concentrating on personal injury and insurance litigation.

Andrew R. Pardun

Andrew R. Pardun has been recognized in the 2026 edition of Best Lawyers in America for his work in Real Estate Law, Real Estate Litigation, and Corporate Law. His practice also includes commercial and residential title insurance and business law. For the sixth year in a row, he also earned a spot on the Florida Super Lawyer’s Rising Star list.

Robert Kapusta Jr.

Robert Kapusta, Jr. has been named to Best Lawyers in America in 2026 in multiple categories, including Closely Held Companies, Family Businesses Law, Corporate Law, Mergers and Acquisitions Law, and Real Estate Law. Trusts and Estates his work in Real Estate Law and Closely Held Companies and Family Businesses Law. His practice further includes mergers and acquisitions, business and corporate law, along with tax and estate planning. Not only is he an accomplished attorney, but an active community member, serving as chair of the Executive Committee for the St. Petersburg Downtown Partnership.

Bruce Marger

Bruce Marger is recognized in the 2026 edition of Best Lawyers in America for his expertise in both the categories of Trusts and Estates and Litigation – Trusts and Estates. His practice spans estate planning, estate and gift tax planning, income tax preparation for estates and trusts, probate and trust administration, real property law, and probate and trust litigation. He also provides specialized guidance to clients on planning qualified IRA distributions.

C. Hunter Rawls

C. Hunter Rawls is listed in Best Lawyers in America for his excellence in Litigation – Trusts and Estates, as well as in the category Trusts and Estates. A sixth-generation Floridian, he is part of the firm’s Wills, Trusts, and Estates division, where he combines extensive estate planning experience with a strong record in litigation. In 2024, he was also appointed to a three-year term on The Florida Bar Sixth Circuit Grievance Committee “D”, which contributes to upholding ethical standards in Florida’s legal community.

Caitlin C. Szematowicz

Caitlin C. Szematowicz has been recognized in the latest edition of Best Lawyers in America for her work in Commercial Litigation. Since joining the firm in 2012, she has provided outstanding legal representation in civil and commercial litigation, appeals, and employment law for employers. A Rising Star to Florida’s Super Lawyers list since 2018, and a Florida Super Lawyer since 2024, Caitlin C. Szematowicz has been consistently recognized for her excellence in her legal practice.

Lama Alqasemi

Lama has been named a 2026 “Ones to Watch” honoree by Best Lawyers in America for her

work in Trusts and Estates, as well as Elder Law. She also focuses on charitable gift planning, business succession planning, guardianship, Medicaid eligibility, and qualified income trusts. In 2025, her commitment to her clients was also recognized when she was named to Florida’s Super Lawyers Rising Stars list.

Ranger Jackson

Ranger Jackson has been named to Best Lawyers: Ones to Watch in America for Personal Injury Litigation – Plaintiffs, and for 2026, he also earned recognition for his work in Criminal Defense – White Collar. He brings a broad background in personal injury, criminal defense, and civil litigation, including experience as a prosecutor in both Pinellas County, Florida, and the San Francisco Bay Area, where he handled high-profile cases and led an electronic investigations unit.

Alec Waid

Alec Waid is a first-time addition to Best Lawyers: Ones to Watch in America for Commercial Litigation and Criminal Defense – General Practice. He was previously a prosecutor in the Pinellas County State Attorney’s Office, where he tried over 25 jury trials, handling cases ranging from complex financial fraud to major legal violations. Alec now represents individuals and businesses in civil disputes and criminal defense matters, bringing extensive courtroom experience and trial advocacy expertise.

Why Choose Battaglia, Ross, Dicus & McQuaid, P.A.

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a trusted legal name, providing dedicated representation for Florida residents in cases of all sizes and complexities. Founded by the late Anthony Battaglia on principles of service, integrity, and community involvement, the firm has built a long-standing reputation for excellence. Today, our attorneys continue this legacy, providing skilled legal counsel across a wide range of practice areas while actively contributing to the community. Get in touch with us today for expert legal guidance, and learn more at: https://www.stpetelawgroup.com/

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Battaglia, Ross, Dicus & McQuaid Celebrates Sean McQuaid’s 25th Work Anniversary https://www.stpetelawgroup.com/battaglia-ross-dicus-mcquaid-celebrates-sean-mcquaids-25th-work-anniversary/ Thu, 14 Aug 2025 12:50:08 +0000 https://www.stpetelawgroup.com/?p=22310 We are proud to celebrate a monumental milestone: the 25th work anniversary of our President, Sean McQuaid.

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Battaglia, Ross, Dicus & McQuaid is proud to celebrate a monumental milestone: the 25th work anniversary of our President, Sean McQuaid. His journey with our firm has been nothing short of extraordinary, marked by a rapid rise and a legacy of unparalleled success.

Sean joined the firm in 2000, quickly proving himself to be a valuable asset. His dedication and legal prowess led him to become a shareholder in 2006 and a partner in 2013, the fastest rise of any lawyer in the firm’s history. Beyond his leadership role, Sean’s accomplishments include being a Martindale Hubbel AV-rated attorney, a Tier 1 lawyer by U.S. News and World Report, and a Florida Super Lawyer since 2014. He was named “Best Attorney” in Creative Loafing’s Best of the Bay in 2022. He is also a member of the Million Dollar Advocates Forum, and has been recognized as Florida Trend Legal Elite and Notable Managing Partner in 2023.

Under Sean’s leadership, the firm has achieved remarkable success, including being named the Tampa Bay Times Best of the Best for seven consecutive years in 6 categories. A cornerstone of his impact has been the exponential growth of our personal injury division, which now operates in multiple states and has expanded to 14 locations, with ambitious plans for further expansion.

Sean’s commitment to our clients and our community is unwavering. He served as the President of the St. Petersburg Bar Association from 2020-2021 and has held various community and board positions. His unwavering dedication and vision have been instrumental in shaping the firm’s direction and success over the last quarter-century.

Please join us in congratulating Sean McQuaid on this incredible achievement and thanking him for his invaluable contributions. We look forward to celebrating many more years of success under his guidance.

“On behalf of our entire team, we would like to thank you for everything you do and all the personal attention you give. We couldn’t have asked for a better man to fill the boots.” ~Battaglia, Ross, Dicus & McQuaid, P.A.

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Florida Teen Drivers: Important Rules for Parents & Kids https://www.stpetelawgroup.com/florida-teen-drivers-important-rules-for-parents-kids/ Tue, 12 Aug 2025 19:36:57 +0000 https://www.stpetelawgroup.com/?p=22290 Florida teen driving laws: essential rules, GDL stages, parental duties, penalties, and safety tips for teen drivers and parents.

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Navigate Florida’s teen driving laws with confidence. Learn essential rules, requirements, and responsibilities for both parents and young drivers. From obtaining a learner’s permit to understanding graduated licensing restrictions, this comprehensive guide covers critical aspects of laws affecting Florida teen drivers. Discover safety tips, recent legislative changes, and legal considerations for accidents involving teenage drivers.

Getting behind the wheel marks a significant milestone for Florida teens, yet this privilege comes with crucial responsibilities. Florida’s teen driving laws establish a structured path to full driving privileges through the Graduated Driver Licensing (GDL) program, which is a comprehensive system designed to protect young drivers and other road users.

Parents play a vital role in their teen’s driving journey. Understanding Florida’s GDL program helps parents guide their teens through each stage of licensing while ensuring compliance with state regulations. These rules create a foundation for safe driving habits and reduce the risk of accidents during these formative years.

The statistics underscore the importance of these regulations: Florida recorded over 800,000 registered teen drivers aged 15-19, with accidents resulting in 350 fatalities and 1,935 serious injuries in 2020. These numbers highlight why strict adherence to teen driving laws remains essential for both parents and young drivers.

Understanding Florida’s Graduated Driver Licensing Program

Florida’s Graduated Driver Licensing (GDL) program consists of three distinct stages designed to help teens develop safe driving skills:

1. Learner’s Permit Stage

  • Minimum age: 15 years old
  • Driver Education Traffic Safety (DETS) course
  • Written exam with 80% passing score
  • Notarized parental consent form
  • Vision and hearing tests
  • Driving restrictions: First 3 months daylight hours only, after until 10 PM
  • Licensed driver age 21+ must be present

2. Intermediate License Stage

  • Minimum age: 16 years old
  • Hold learner’s permit for 12 months
  • Clean driving record
  • Time restrictions depend on age, but there are exceptions for work/school purposes

3. Full License Stage

  • Available at age 18
  • No time restrictions
  • Complete driving privileges
  • Must maintain clean driving record

What Parents and Teens Need to Know About Florida Teen Driving Laws

Parents have important legal responsibilities when their teenagers start driving in Florida. These responsibilities go beyond just signing the initial permit application.

Parental Obligations:

  • Maintain proper insurance coverage for teen drivers
  • Sign and verify all licensing documentation
  • Accept financial liability for accidents caused by their teen
  • Ensure compliance with driving hour restrictions
  • Monitor and enforce passenger limitations

Intermediate License Restrictions

Teen drivers with intermediate licenses face specific driving hour limitations based on age:

16-Year-Old Drivers:

  • Drive only between 6 AM and 11 PM
  • Exception: Must be driving to/from work
  • Exception: Must be accompanied by licensed driver age 21+

17-Year-Old Drivers:

  • Drive only between 5 AM and 1 AM
  • Same exceptions apply as for 16-year-olds

Additional Requirements:

  • Zero tolerance for alcohol consumption
  • No cell phone use while driving
  • Limited number of teenage passengers during first year
  • Must maintain clean driving record
  • Complete required supervision hours with licensed adult

Parents should establish clear rules aligned with these legal requirements. Creating a written agreement with specific expectations helps reinforce responsible driving habits. This agreement should address:

  1. Designated driving routes
  2. Vehicle maintenance responsibilities
  3. Consequences for traffic violations
  4. Passenger restrictions
  5. Weather-related driving limitations
  6. Curfew compliance
  7. Gas and maintenance cost sharing

Parents must understand their legal liability under Florida’s Family Purpose Doctrine, which holds them accountable for their teen’s driving actions.

Penalties and Consequences of Breaking Teen Driving Laws in Florida

Breaking traffic laws in Florida can lead to serious consequences for teen drivers. The Florida Department of Highway Safety and Motor Vehicles (FLHSMV) enforces the following penalties:

  • License Suspension: Depending on the severity of the violation, a teen’s license can be suspended for a period ranging from 30 days to one year.
  • Driving Record Points: Traffic violations result in points being added to a teen’s driving record. Accumulating six points within a 12-month period can lead to automatic driving restrictions.
  • Restarting the GDL Program: For serious violations, teens may be required to restart the entire Graduated Driver Licensing (GDL) program from the beginning.
  • Financial Penalties: Fines for violations can be significant, and any traffic infraction can lead to higher insurance rates for the teen and their family.
  • Additional Requirements: Teens may also be required to complete mandatory driver improvement courses, serve extended supervision periods, or perform community service.

The state treats certain violations with heightened severity:

  • Texting while driving: Double fines in school zones
  • DUI: Zero-tolerance policy with immediate license revocation
  • Speeding: Enhanced penalties for excessive speed violations

These penalties aim to promote responsible driving habits and ensure compliance with Florida’s teen driving regulations.

Parents play a vital role in developing safe driving habits for their teenage drivers. Here are essential safety practices to implement:

  • Set strict phone usage rules while driving
  • Install safety monitoring apps to track driving behavior
  • Create a parent-teen driving agreement outlining expectations
  • Require seat belt use for all passengers
  • Limit nighttime driving beyond state requirements
  • Restrict the number of passengers in the vehicle
What to Do After a Teen Car Accident When accidents occur involving teen drivers, specific legal steps protect everyone involved:

  1. Document the accident scene with photos
  2. Gather witness contact information
  3. Obtain police reports
  4. Seek immediate medical attention
  5. Contact your insurance provider
Legal Options for Teen Accident Victims

A Florida accident attorney can help pursue compensation through:

Insurance coverage for teen drivers often proves insufficient for serious accidents. Victims should consider pursuing underinsured motorist insurance coverage to ensure adequate compensation for:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain and suffering
Special Considerations

Teen car accident cases require specific legal expertise due to:

  • Complex liability issues involving minors
  • Parental responsibility laws
  • Insurance coverage limitations
  • Settlement requirements for underage drivers

A qualified Florida car accident lawyer understands these nuances and can navigate the legal process effectively.

New Legislative Requirements

Starting August 1, 2025, Florida’s SB 994 introduces stricter requirements for teen drivers. The current four-hour Traffic Law and Substance Abuse Education course will be replaced with a comprehensive six-hour classroom-based driver’s education program for aspiring drivers ages 14½ to 17.

Teens who already have a learner’s license or have completed the TLSAE course before August 1, 2025, may be exempt, but they will still be required to obtain their Florida driver’s license within a year of completing the course.

Finally, teens relocating to Florida with valid out-of-state licenses receive an exemption from the new SB 994 requirements.

Family Purpose Doctrine: What Parents Need to Know

The Family Purpose Doctrine holds significant implications for parents of teen drivers in Florida:

  • Parents who sign their child’s driver permit application become legally responsible for the minor’s driving actions
  • Vehicle owners must ensure responsible driving by family members, particularly teens under 18
  • Parents can face liability for property damage and injuries caused by their children’s accidents

Florida law establishes clear guidelines for parental responsibility:

  • Minors cannot legally own or register vehicles until age 18
  • Parents retain liability due to vehicle ownership and authority
  • Section 322.09(b), Florida Statutes, specifically addresses parental accountability for damages

The legal structure allows accident victims multiple avenues for compensation:

  • Direct claims against parents based on ownership principles
  • Insurance claims through family auto policies
  • Personal injury settlements requiring parental signatures for minors

In short, Florida’s Family Purpose Doctrine places a heavy legal responsibility on parents of teen drivers. By understanding these laws and maintaining proper insurance coverage, parents can better protect themselves from financial liability while ensuring their teens develop safe driving habits. Awareness of the potential legal consequences is essential, not only for preventing accidents but also for navigating claims if one occurs.

FAQs (Frequently Asked Questions)

What are the key stages of Florida’s Graduated Driver Licensing (GDL) program for teen drivers?

Florida’s GDL program includes stages such as obtaining a learner’s permit with specific requirements and restrictions, progressing to an intermediate license with driving hour limits, and finally earning a full driver’s license.

What are the penalties for violating teen driving laws in Florida?

Violating Florida teen driving laws can result in consequences such as fines, suspension of the driver’s license, or being required to restart the Graduated Driver Licensing process.

What responsibilities do parents have towards their teen drivers in Florida?

Parents in Florida have important responsibilities including supervising their teen during the learner’s permit phase, ensuring adherence to intermediate license restrictions like driving hour limits, and promoting safe driving habits. They also need to be aware of legal liabilities under the Family Purpose Doctrine related to accidents caused by their minor drivers.

What safety tips should parents follow to protect their teen drivers on Florida roads?

Parents should actively engage in driver education, enforce all GDL restrictions, monitor their teen’s driving habits, and ensure proper insurance coverage, including underinsured/uninsured motorist insurance. In case of a teen car accident, consulting a Florida personal injury attorney can help understand legal options.

Get Help Understanding Your Legal Options and Obligations After Your Teen’s Florida Car Accident

Understanding Florida’s teen driving laws protects both parents and young drivers. The complex legal landscape demands expert guidance when accidents occur.

At Battaglia, Ross, Dicus & McQuaid P.A., we are ready to help families navigate these challenging situations. Our experienced personal injury attorneys understand the nuances of teen driving laws and parental liability in Florida.

Contact us today for a free consultation if your teen has been involved in a Florida car accident. Our dedicated team will evaluate your case and protect your rights. We’re committed to securing the maximum compensation if your teen has been hurt in a crash due to another driver’s negligence.

Your teen’s safety on the road matters. Let us help you protect it.

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Battaglia, Ross, Dicus & McQuaid, P.A. Named Tampa Bay Times “Best of the Best” for the 7th Year in a Row https://www.stpetelawgroup.com/battaglia-ross-dicus-mcquaid-p-a-named-tampa-bay-times-best-of-the-best-for-the-7th-year-in-a-row/ Fri, 01 Aug 2025 19:21:35 +0000 https://www.stpetelawgroup.com/?p=22275 Battaglia, Ross, Dicus & McQuaid, P.A. named Best Law Firm in Tampa Bay 7 years straight—trusted in business, defense, injury, estate & more.

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At Battaglia, Ross, Dicus & McQuaid, P.A., we are proud to announce that we have been recognized once again as Tampa Bay’s premier law firm by winning the prestigious Tampa Bay Times “Best of the Best” People’s Choice Award for the 7th consecutive year in 2025.

The Tampa Bay Times “Best of the Best” People’s Choice Award

The “Best of the Best” is determined through a rigorous community voting process. Local residents cast their nominations and votes for businesses that demonstrate exceptional service in the Tampa Bay area.

Being granted this honor for seven straight years highlights our firm’s consistent delivery of outstanding legal services. The award reinforces our position as a trusted legal partner for Tampa Bay residents seeking expert representation across multiple practice areas.

Legal Practice Areas Recognized by the Award

Battaglia, Ross, Dicus & McQuaid, P.A. received top honors across six categories thanks to your votes:

  1. Best Law Firm: Leading the Tampa Bay legal community, as a full-service law firm equipped to handle diverse legal challenges.
  2. Best Title Company: Excellence in real estate transactions with trusted title services, seamless closings, and meticulous attention to detail.
  3. Best in Business Law: Experts in commercial litigation and all legal matters related to business management.
  4. Best in Defense Law: Skilled criminal defense from DUI charges to arrest warrants, drug offenses, and white-collar crimes; we offer representation from minor charges to high-stakes cases.
  5. Best in Personal Injury Law: Dedicated advocacy for accident victims, including car accidents, commercial trucking collisions, and wrongful death, among other types of incidents.
  6. Best in Estate Law: Comprehensive estate planning solutions, probate services, and trust administration tailored to protect your legacy and ensure peace of mind.

Client-Centered Approach Backed by a Proven Track Record of Success

Our firm stands out through our personalized approach to legal representation. Each client receives direct attorney access and customized legal strategies tailored to their unique circumstances. We maintain consistent communication, ensuring clients stay informed throughout their legal proceedings.

This client-first philosophy is reinforced by our strong reputation for exceptional courtroom advocacy and a history of successful outcomes. We skillfully manage our cases with the experience, dedication, and strategic insight needed to consistently deliver results that exceed expectations.

Our Commitment to Community Engagement

Beyond our exceptional legal services, our firm maintains deep roots in Florida. Our attorneys serve on various local boards and committees, contributing their expertise to shape policies benefiting local residents.

We consistently aim to benefit local community initiatives by fundraising, raising awareness, and offering boots-on-the-ground support when needed. For example, last year, after Hurricane Milton and Hurricane Helene ravaged the Tampa Bay area, we jumped into action to organize a hurricane relief drive to those affected by the storms.

Our firm’s commitment to public service and civic involvement is a tradition that traces back to its founding. As a result, each of our firm’s distinguished attorneys brings a strong sense of responsibility to their communities.

Further Awards and Industry Accolades

Our firm’s excellence goes well beyond local recognition, with 450+ awards earned both statewide in Florida and across the nation. We are a U.S. News & World Report Tier 1 law firm, placing it among the nation’s most prestigious legal practices.

Our attorneys continue to earn distinguished honors, such as:

These accolades reflect our firm’s sustained commitment to legal excellence. The recognition from national organizations validates the trust Tampa Bay residents place in us through their “Best of the Best” votes.

The combination of national prestige and local trust positions us as a leading legal authority, ready to serve our clients.

Get in Touch Today

Whether you’re in Pinellas County, Hillsborough County, or anywhere else within the Tampa Bay area we are here to provide the trusted legal representation our firm is known for.

Call or text us at +(197) 0232-0268, (813) 639-8111 or visit www.stpetelawgroup.com to learn more.

Thank you for placing your trust in us!

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New Law Will Mean Greater Defenses to BUI Charges in Florida https://www.stpetelawgroup.com/new-law-will-mean-greater-defenses-to-bui-charges-in-florida/ Wed, 30 Jul 2025 20:28:03 +0000 https://www.stpetelawgroup.com/?p=21572 Starting July 1, 2025, Florida’s Boater Freedom Act limits law enforcement stops, reducing BUI and related arrests.

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Updated July 30, 2025 by Ranger Jackson On July 1, 2025, Florida’s boating laws underwent significant changes. Governor Ron DeSantis recently signed theBoater Freedom Act (SB 1388) into law, introducing measures that limit when law enforcement can stop or board a vessel. Consequently, this will lead to fewer arrests for boating under the influence (BUI) and related offenses. As Florida criminal defense attorneys, we believe it’s essential for boaters in our community to understand how this law protects their rights and how it might affect any criminal case arising from a stop on the water.

What Is the Boater Freedom Act?

The Boater Freedom Act aims to reduce government overreach on Florida’s waterways. It achieves this by restricting random stops and searches on boats and limiting certain enforcement powers previously exercised by law enforcement agencies like the Florida Fish and Wildlife Conservation Commission (FWC). Here are the key changes under SB 1388:

Probable Cause Requirement for Stops

Law enforcement officers must now have probable cause to stop or board a vessel for safety or sanitation inspections. Previously, they could conduct these inspections without any suspicion of a violation.

Safety Equipment Violations Are Now Secondary Offenses

Boaters can no longer be stopped solely to inspect safety equipment like life jackets or whistles. Officers must have another legal reason to stop your boat before they can cite you for missing safety gear.

Florida Freedom Boater Decal

Boaters can voluntarily obtain a new inspection decal when registering their vessel. This decal indicates that your boat passed a safety inspection and may reduce the likelihood of future stops.

Ban on Local Gas-Powered Vessel Restrictions

The law also prevents local governments from banning gas-powered boats, ensuring that boaters can continue using traditional motors across all of Florida’s public waterways. For more details, you can read the full bill text on the Florida Senate website.

Why This Law Matters for Florida Boaters

In Florida, boating is more than just recreation—it’s a way of life. From St. Petersburg to Tampa, locals and tourists enjoy our waterways year-round. However, until now, random stops have been a frequent and often frustrating experience for many law-abiding boaters. This law brings about real changes:

Fewer Random Boardings

Previously, boaters could be stopped at any time for random checks. Now, unless law enforcement observes or suspects something illegal, they must allow you to proceed without interruption.

More Predictable Enforcement

Boaters no longer have to worry about being cited for minor infractions during a random stop. This means less stress on the water and a greater focus on actual boating safety.

Peace of Mind with the New Decal

Participating in the “Florida Freedom Boater” program signals to officers that your vessel has already passed inspection, which may lead to quicker and more respectful interactions. These changes shift the power balance slightly back in favor of boaters, without compromising the safety and integrity of Florida’s waterways.

How This Law Impacts BUI Charges

Boating Under the Influence (BUI) is a serious offense in Florida, carrying penalties similar to DUI, including jail time, fines, and even loss of boating privileges. However, with this new law in place, the number of BUI arrests may decrease, not necessarily because fewer people are drinking and boating, but because officers now need valid legal reasons to initiate stops. Here’s why this matters:

Unlawful Stops Can Be Challenged

If law enforcement didn’t have probable cause to stop you, any evidence gathered—including field sobriety tests or breathalyzer results—could be deemed inadmissible in court.

Safety Checks Can’t Be Used as a Pretext

Officers can no longer pull you over just to check your fire extinguisher and then escalate to a BUI charge. That’s no longer a legal justification for initiating a stop.

New Legal Defenses Become Available

Our Florida criminal defense attorneys are already examining how the Boater Freedom Act can be utilized to challenge charges, suppress evidence, or even get cases dismissed entirely. Ultimately, if the stop itself is found to be illegal, your entire case could be compromised.

What Does “Probable Cause” Mean on the Water?

This new law hinges on a very important concept: probable cause. But what does that actually mean in a boating context? Probable cause refers to a reasonable belief, based on observable facts, that a law has been broken. For officers to stop your vessel now, they need to:
  • Witness reckless operation (e.g., speeding, wake zone violations)
  • Observe open containers or other signs of intoxication
  • See evidence of fishing without a license or violating catch limits
  • Respond to complaints or tips involving criminal behavior
Simply being on the water—or operating at night—isn’t sufficient. This requirement establishes a much-needed legal barrier that protects boaters from harassment or unnecessary escalation.

The Role of the “Florida Freedom Boater” Decal

The voluntary decal program is a smart move for responsible boaters. While it doesn’t grant immunity from stops, it signals to officers that your boat has already passed a safety inspection. Benefits of the decal include:
  • Reducing the likelihood of safety-based stops
  • Demonstrating proactive compliance with state rules
  • Potentially supporting your defense if cited or arrested
This decal can be obtained when you register or renew your vessel with your local county tax collector. It’s valid for 1–5 years, depending on the issuing authority. For more information on boating safety rules, visit the Florida Fish and Wildlife Conservation Commission.

What You Should Do If You’re Stopped

Even under the new law, being stopped by law enforcement can be stressful. Knowing your rights—and how to respond—can make a significant difference. Here are some simple tips:
  • Remain calm and respectful
  • Ask the officer why you’re being stopped
  • Don’t volunteer information beyond what’s required
  • Never consent to a search unless legally required
  • Contact an attorney as soon as possible if cited or arrested
Remember, you always have the right to legal representation. Exercise it.

Why Expert Legal Guidance Matters

Navigating boating laws in Florida is complex—even for seasoned boaters. However, for those facing criminal charges, it’s not just about rules; it’s about protecting your record, your finances, and your freedom. Here’s why working with a Florida criminal defense attorney is essential:

We Know the Law Inside and Out

Our lawyers stay up to date on all legislative changes and understand how they affect criminal cases.

We Spot Violations in Procedure

If law enforcement made a mistake, we’ll identify it and use it to strengthen your defense.

We Handle These Cases Regularly

BUI charges aren’t identical to DUI charges; they require different approaches. We know what strategies are effective.

We’re Local

We’ve built relationships within the Florida court system and understand how to present cases effectively to local judges and prosecutors. Without skilled legal assistance, even minor boating charges can escalate into long-term problems. We’re here to ensure that doesn’t happen.

What Our Attorneys Can Do for You

If you’re facing a BUI, reckless operation, or another boating-related charge in Florida, the legality of the stop may be your strongest defense. Our Florida criminal defense attorneys can:
  • Review the entire stop from start to finish
  • Challenge any unlawful searches or evidence
  • Utilize SB 1388 to raise new constitutional defenses
  • Negotiate to reduce or dismiss charges
  • Represent you in court if necessary
We understand that boating arrests often stem from simple misunderstandings or overreaching enforcement. We’re here to ensure your rights are upheld and your freedom protected. Learn more about our boating under the influence defense services.

Contact Us for a Free Consultation

If you’ve been arrested or cited on the water, don’t wait. Our Florida criminal defense attorneys have decades of experience handling BUI, boating violations, and complex criminal cases throughout Florida. We’ve defended hundreds of boaters and know how to use the Boater Freedom Act to your advantage. Whether you’re being investigated or already facing charges, we’re ready to help. With us, you get:
  • A free consultation to review your case
  • Personal attention and a tailored defense strategy
  • Clear communication every step of the way
  • A strong legal advocate who knows Florida law
Contact us today to schedule your free consultation. Let us help you protect your record, your rights, and your time on the water.

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Florida Mirror Laws and Personal Injury: What Drivers Need to Know https://www.stpetelawgroup.com/florida-mirror-laws-and-personal-injury-what-drivers-need-to-know/ Tue, 22 Jul 2025 19:26:23 +0000 https://www.stpetelawgroup.com/?p=22249 Florida's mirror laws require vehicles to have at least one mirror with a 200-foot rear view to ensure road safety and avoid legal penalties.

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Florida’s mirror laws ensure road safety, requiring all vehicles to have at least one mirror with a clear 200-foot rear view (Florida Statutes Section 316.294). Most vehicles have three mirrors—one rearview and two side mirrors—to help drivers monitor traffic, change lanes safely, back up, park, reduce blind spots, and avoid collisions.

This guide covers Florida’s mirror requirements, safety impacts, and legal consequences of violations, including how they affect personal injury claims and safeguarding your rights after an

Understanding Florida Mirror Law Requirements

Florida law sets clear standards for vehicle mirrors to ensure driver visibility and promote road safety. Florida mirror laws state that every vehicle must be equipped with at least one mirror that provides the driver with a clear view of the highway behind for a minimum of 200 feet.

Basic Requirements

  • Rearview Mirror: A single interior rearview mirror is sufficient if it offers an unobstructed rear view.
  • Side Mirrors: Required when the interior mirror’s visibility is blocked, such as in vans, trucks, or vehicles with tinted or covered rear windows.
  • Condition: All mirrors must be securely mounted, free of cracks, and unobstructed by dirt, stickers, or objects.

Vehicle-Specific Considerations

  • Passenger Vehicles: Typically comply with only the interior mirror if rear visibility is clear.
  • Commercial or Modified Vehicles: If the rear view is obstructed, both driver’s side and passenger-side exterior mirrors are legally required to maintain proper visibility.
  • Aftermarket Modifications: Accessories that interfere with mirror function can result in non-compliance.

Placement and Visibility

Though the law does not mandate precise mirror placement, common standards include:

  • The interior mirror mounted centrally at the top of the windshield.
  • The driver’s side mirror on the left exterior.
  • The passenger-side mirror on the right exterior (especially required when rear visibility is blocked).

Properly placed and maintained mirrors allow drivers to monitor adjacent lanes, detect vehicles approaching from behind, and reduce blind spots during maneuvers like lane changes, merging, and reversing.

The Role of Mirrors in Driver Safety and Accident Prevention

Vehicle mirrors are essential safety tools that help drivers maintain awareness of their surroundings and prevent accidents. When properly adjusted and maintained, mirrors significantly reduce blind spots and improve decision-making while driving.

How Mirrors Enhance Driver Awareness

Correctly positioned mirrors offer a broad field of view around the vehicle, helping drivers:

  • Monitor Blind Spots: Side mirrors help detect vehicles in adjacent lanes, especially when changing lanes or merging.
  • Make Safe Lane Changes: Proper mirror use reduces the risk of side-swipe accidents by providing better visibility of surrounding traffic.
  • Park and Reverse Accurately: Mirrors assist with parallel parking, backing into spaces, and avoiding obstacles.
  • Navigate Heavy Traffic: Rearview mirrors help drivers assess following distance and respond to tailgaters or emergency vehicles.

According to the National Highway Traffic Safety Administration (NHTSA), blind spot-related crashes account for over 840,000 accidents in the U.S. each year. Many of these could be avoided with properly adjusted and maintained mirrors.

Accident Prevention Through Mirror Use

Routine mirror use plays a critical role in accident prevention:

  • Backing Up Safely: Proper mirror alignment reduces the risk of collisions with pedestrians, poles, or other vehicles when reversing.
  • Driving in Poor Weather: Mirrors improve visibility during rain or fog when peripheral views are limited.
  • Highway Merging and Exit Awareness: Mirrors help ensure that traffic conditions are safe before entering or exiting roadways.

Why Mirror Maintenance Matters

A cracked, dirty, or misaligned mirror compromises visibility and creates dangerous driving conditions. Regular cleaning, inspection, and prompt repairs are essential to keep mirrors fully functional and legally compliant under Florida law.

Neglecting mirror maintenance not only increases crash risk but can also result in legal penalties and affect liability in the event of an accident.

Legal Consequences of Violating Florida Mirror Laws

Driving without properly functioning mirrors in Florida is more than just an equipment issue—it’s a safety violation with real legal consequences. Florida mirror law requires that all vehicles must be equipped with at least one mirror that provides a clear view of the road behind for at least 200 feet. Failing to meet this requirement can result in citations, increased liability in accidents, and even reduced insurance coverage.

Traffic Citations and Fines

Drivers may receive citations for:

  • Missing or broken mirrors
  • Obstructed visibility due to dirt, tint, or damage
  • Non-compliant or modified mirrors
  • Failure to maintain proper mirror positioning

A typical citation for a mirror violation can result in a fine between $100 and $150, plus court fees. These citations may also add points to your driving record, which can lead to higher insurance premiums.

Increased Liability in Accidents

If you’re involved in a crash and your vehicle was missing required mirrors or had defective ones, that violation can be used as evidence of negligence. This could increase your legal liability in a personal injury claim—particularly if visibility played a role in the accident.

Examples of how mirror issues contribute to liability include:

  • Improper lane changes due to undetected vehicles in blind spots
  • Backing accidents without adequate rear visibility
  • Side-swipe collisions while merging
  • Failure to yield when mirrors were blocked or misaligned

In these situations, courts may determine that the lack of proper mirrors directly contributed to the accident and the resulting injuries, strengthening the case against the non-compliant driver.

Insurance Implications

Insurance companies take mirror compliance seriously. If a violation is noted on a crash report, insurers may:

  • Deny or reduce claim payouts
  • Hold you personally liable for damages
  • Increase future premium rates
  • Use the violation to limit your compensation in a legal dispute

Enforcement by Law Enforcement

Florida law enforcement officers can issue on-the-spot citations for mirror violations. In some cases, they may prohibit you from continuing to operate the vehicle until the issue is corrected. Non-compliant drivers are often given a deadline to repair or replace the mirrors and provide proof of compliance to avoid additional penalties.

Common Issues Related to Mirror Compliance in Florida

Florida drivers face several recurring challenges when it comes to mirror compliance. A damaged or missing mirror can result in a traffic citation and create dangerous blind spots while driving.

Common Mirror Violations

Common mirror violations include:

  • Cracked or shattered mirror glass
  • Loose or dangling mirror assemblies
  • Missing side mirrors
  • Heavily tinted windows blocking interior mirror visibility
  • Improperly adjusted mirrors
  • Mirrors obscured by dirt, debris, or decorative items

Exceptions for Certain Vehicles

The law provides limited exceptions for certain vehicles. Jeeps with removable doors can operate without side mirrors if the rear-view mirror maintains clear visibility for at least 200 feet behind the vehicle. This exception comes with significant risk; reduced visibility makes lane changes and backing up more dangerous.

Causes of Mirror Violations

Mirror violations often stem from:

  • Collision damage left unrepaired
  • Vandalism or theft
  • Weather-related deterioration
  • Poor maintenance
  • Aftermarket modifications affecting mirror function

Cost of Broken Mirror Ticket

A broken mirror ticket in Florida typically costs between $100-$150. The real cost lies in potential accidents caused by compromised visibility. Drivers should inspect their mirrors regularly and address any issues immediately to maintain safety and legal compliance.

How Mirror Law Violations Can Impact Personal Injury Claims After Car Accidents

Mirror law violations can significantly strengthen a personal injury claim after a car accident. When a driver fails to maintain proper mirrors as required by Florida law, this violation serves as powerful evidence of negligence in legal proceedings.

The Importance of Proper Mirrors

A missing or damaged mirror directly impacts a driver’s ability to:

  • Monitor surrounding traffic effectively
  • Execute safe lane changes
  • Back up safely
  • Maintain proper awareness of other vehicles

Our legal team has seen many cases where mirror violations played a crucial role in accident causation. We’ve successfully used evidence of non-compliant mirrors to establish liability and secure compensation for injured clients.

Building a Strong Case with Documentation

Proper documentation is essential for building a strong case. Key evidence includes:

  • Photos of the vehicles showing mirror damage or absence
  • Police accident reports noting mirror violations
  • Witness statements about unsafe driving related to visibility issues
  • Medical records linking injuries to the accident
  • Traffic camera footage when available

The compensation amount often increases when we can prove the at-fault driver knowingly operated their vehicle with inadequate mirrors. This demonstrates a clear disregard for safety regulations and strengthens the negligence claim.

Why Expert Guidance from an Attorney Matters After a Mirror Law-Related Accident

Mirror law violations create complex legal scenarios that demand specialized knowledge. It’s crucial to understand when you should contact a personal injury attorney after a car accident. A Florida car accident lawyer can identify critical evidence linking mirror violations to accident causation—a task that proves challenging for those without legal expertise.

These cases often require:

  • Detailed analysis of vehicle inspection reports
  • Expert testimony on visibility requirements
  • Documentation of mirror conditions pre-accident
  • Understanding of applicable state and federal regulations

Our attorneys know how to establish the direct connection between faulty mirrors and resulting injuries. We’ve handled numerous cases where mirror violations contributed to accidents, giving us unique insights into effective legal strategies.

The legal process involves intricate steps:

  • Gathering photographic evidence of mirror conditions
  • Interviewing witnesses about visibility factors
  • Reviewing police reports for violation documentation
  • Calculating damages related to mirror law negligence

A skilled attorney can navigate insurance company tactics that attempt to minimize mirror law violations. We understand how to present compelling evidence that demonstrates how non-compliant mirrors directly impact accident outcomes.

Contact Us for a Free Consultation on Your Personal Injury Case Involving Mirror Violations

Don’t let mirror law violations impact your right to fair compensation. Our dedicated team at Battaglia, Ross, Dicus & McQuaid, P.A. stands ready to evaluate your case.

We’ve built a strong reputation by securing favorable outcomes for clients injured in mirror-related accidents. Our attorneys bring deep knowledge of Florida’s vehicle safety laws to every case we handle.

Your rights matter to us. We’ll fight aggressively to protect your interests while providing personalized attention throughout your case. Contact us today to schedule a complimentary, no-obligation consultation.

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How Quickly Can I Expunge a Case in Florida? https://www.stpetelawgroup.com/how-quickly-can-i-expunge-a-case-in-florida/ Fri, 27 Jun 2025 19:04:51 +0000 https://www.stpetelawgroup.com/?p=21840 A criminal record can hurt your future. Expungement in Florida offers a fresh start by legally removing it from public view.

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A criminal record can have a significant negative impact on your life. However, expungement in Florida provides an opportunity for a fresh start by legally removing your criminal record from public view.

The expungement process allows eligible individuals to eliminate arrests and criminal charges from their records. With the right legal guidance, you can effectively navigate this complicated process.

Our Florida criminal defense attorneys understand how important it is to have a clean record for:

  • Employment opportunities
  • Housing applications
  • Educational prospects
  • Professional licensing
  • Peace of mind

The time it takes to get an expungement can vary depending on several factors, such as how complicated the case is and the schedule of the court. Generally, when an experienced Florida criminal defense attorney handles the case, it takes about 6-9 months from beginning to end.

In this article, we will discuss the specific steps and requirements involved in expunging your criminal record in Florida.

Understanding the Expungement Process in Florida

The expungement process in Florida follows specific legal guidelines under Florida Statutes. Our criminal defense team has guided countless clients through these steps:

Required Steps for Expungement

  • Submit fingerprints through an approved law enforcement agency
  • Obtain certified court documents related to your case
  • Complete application forms from the Florida Department of Law Enforcement
  • Secure notarized statements from the State Attorney’s Office
  • Pay mandatory processing fees
  • File court petitions in the appropriate jurisdiction

Eligibility Requirements

Florida Statutes 943.0585 and 943.059 set strict criteria for expungement eligibility:

  • No prior expungements or sealings in Florida
  • No adjudication of guilt in the case you want expunged
  • No current criminal charges pending
  • No felony convictions on your record
  • Case must have been dismissed, dropped, or resulted in acquittal

Ineligible Offenses

Certain charges can’t be expunged under Florida law:

  • Sexual offenses
  • Child abuse
  • Domestic violence
  • DUI charges
  • Stalking
  • Voyeurism
  • Most violent felonies

Any of these charges on your record will disqualify you from expungement. Many clients face disappointment attempting this process alone, unaware of these restrictions.

A thorough review of your criminal history determines eligibility. Our Florida criminal defense attorneys examine records to identify roadblocks before starting the expungement process.

The complexity makes professional legal guidance essential. We’ve helped clients find alternative options, including record sealing or administrative expungement in specific cases.

How Long After a Crime Can You Expunge Your Record in Florida?

In Florida, how long you have to wait to expunge a criminal record depends on how your case ended:

  • If charges were dropped or you were acquitted: You may apply for expungement immediately—no waiting period applies if the case was dismissed, not prosecuted, or you were found not guilty.
  • If adjudication was withheld (guilty/no‑contest plea): You must first petition to seal the record. Only after the record has remained sealed for at least 10 years, with no subsequent criminal activity, are you eligible to apply for expungement .
  • If you were convicted: In almost all cases, convictions cannot be expunged in Florida . Sealing may still be possible under limited programs, but expungement is off the table.

Keep in mind, you can only expunge one criminal record in your lifetime in most cases.

Applying for Certificate of Eligibility

The Florida Department of Law Enforcement (FDLE) plays a central role in the expungement process. This state agency maintains criminal history records and reviews all expungement applications.

A Certificate of Eligibility serves as your gateway to expungement. Here’s what you need to submit to FDLE:

  • A certified copy of the final disposition of your case
  • A set of fingerprints taken by law enforcement
  • A completed application form
  • Processing fee of $75
  • Certified statement from the State Attorney’s office

Our Florida criminal defense attorneys streamline this process by:

  • Pre-screening your documents for accuracy
  • Ensuring proper completion of all forms
  • Coordinating with law enforcement for fingerprinting
  • Following up with FDLE on application status

The FDLE typically takes 12 weeks or more to process applications. During this time, we maintain communication with FDLE staff to address any questions about your application.

After receiving your Certificate of Eligibility, we prepare and file a petition with the court, detailing why your case qualifies for expungement and including:

  • Certificate of Eligibility
  • Supporting documentation
  • Sworn affidavit
  • Proposed order for the judge

An experienced Florida criminal defense attorney is invaluable at this stage. Many self-filed petitions are rejected due to technical errors or missing information. Our team ensures your petition meets court requirements and presents your case effectively.

Once filed, the court clerk assigns your petition to a judge for review. Your Florida criminal defense attorney then coordinates with the court to schedule a hearing if needed.

Court Approval & What Happens After: Sealing vs. Expunging in Florida

Getting court approval is a pivotal step. A judge must review your petition and sign a court order before any sealing or expungement takes effect. Your attorney’s role is key—well-crafted petitions and thorough case presentation increase the odds of success.

Sealed Records

  • Remain in existence but are removed from public access
  • Visible only to specific agencies, including law enforcement and courts
  • Not accessible to private employers or the public
  • You typically may deny the arrest in most everyday contexts

Expunged Records

  • Considered physically destroyed or obliterated, except for confidential retention by FDLE
  • Removed from public access almost entirely
  • Even most government agencies cannot access the full record without a court order
  • This is the strongest form of record relief available

What Happens After the Judge Signs the Order

  • Court clerk distributes certified copies of the order to the State Attorney’s Office, arresting agency, FDLE, and any other relevant entities
  • Agencies have up to 60 days to seal or expunge the record. Most comply much sooner—often within a few weeks
  • FDLE forwards orders to the FBI and updates its own systems

Within 48 hours to a few days, the court record is updated. Full implementation across all agencies may take weeks to two months, depending on the backlog .

The Real-Life Impact

  • Your record will disappear from background checks, court systems, and public record services
  • Removing public access can improve employment chances, housing eligibility, licensing, and educational applications
  • With the strongest form of relief (expungement), you can usually deny the arrest happened

Timeline and Duration of Expungement Process in Florida

In Florida, the expungement process typically takes six to nine months, depending on the complexity of the case and court scheduling.

Step 1: Certificate of Eligibility
You must first apply to the Florida Department of Law Enforcement (FDLE) with fingerprints, court documents, and a statement from the State Attorney’s Office. FDLE processing usually takes about three months, though delays may extend it to four to six months.

Step 2: Court Petition
After receiving your certificate, your attorney files a petition with the court. Judicial review generally takes 30 to 90 days. Some cases are approved without a hearing; others may require one.

Step 3: Record Clearance
Once the judge signs the order, state agencies have up to 60 days to seal or expunge the record. Most comply sooner.

Factors That Can Delay the Process
Court backlogs, incomplete paperwork, or multiple charges can increase processing time.

How to Stay on Track
Submit accurate, complete documents and track all deadlines. An experienced expungement attorney can help you avoid common mistakes and keep your case moving forward.

Juvenile Records and Special Circumstances in Expungement Cases

Florida law provides several options to expunge juvenile records, helping young people move forward without a lasting criminal history.

Most juvenile records are automatically expunged at age 21. For those committed to a facility or classified as serious or habitual offenders, expungement occurs at age 26. Automatic expungement only applies if there are no adult convictions and no adjudication for a forcible felony.

Florida also allows early expungement between ages 18 and 21 if the individual has remained crime-free for five years and the offense was committed before age 18. Early expungement requires approval from the State Attorney’s Office.

Another option is diversion program expungement. Juveniles who complete an eligible pre- or post-arrest diversion program may apply to expunge the related arrest record. The application must be submitted within six months of program completion and must include certification from the State Attorney.

To qualify for expungement, individuals must submit certified court records, fingerprint cards, and supporting documentation. Expungement is not available for serious violent offenses, transfers to adult court, or if new charges occurred within the past five years.

A Florida criminal defense attorney can help determine eligibility and ensure all legal requirements are properly met.

Why Expert Guidance from a Florida Criminal Defense Attorney Matters During the Expungement Process

The expungement process requires careful attention to detail and a strong understanding of the law. Even a small mistake on your application can result in delays or denial of your request to have your criminal record sealed.

Our Florida criminal defense attorneys have the knowledge and experience needed to handle your case effectively:

  • Document Preparation: We make sure all forms are completed accurately and submitted with the necessary supporting documents
  • Legal Analysis: We examine your case to identify potential issues before they become problems
  • Timeline Management: We keep track of deadlines and follow up with relevant agencies
  • Strategic Guidance: We provide advice on the best approach based on your specific situation

Many clients who try to go through the expungement process without legal assistance encounter unnecessary obstacles. Some common mistakes include:

  • Missing important documents
  • Submitting incorrect forms
  • Misunderstanding eligibility requirements
  • Failing to meet strict deadlines

A skilled Florida criminal defense attorney is there to protect your interests throughout the entire process. We have successfully helped many clients navigate Florida’s expungement system, making complex legal procedures easier to understand and manage.

Contact Us for a Free Consultation

Don’t let a criminal record hold you back from future opportunities. Our experienced legal team has helped countless Florida residents successfully navigate the expungement process.

We offer a free consultation to discuss your case and determine your eligibility for expungement. During this meeting, we’ll:

  • Review your criminal record
  • Assess your eligibility for expungement
  • Create a customized legal strategy
  • Explain the process in simple terms
  • Answer all your questions

Our track record speaks for itself. We’ve helped clients from all walks of life clear their records and move forward with confidence. Take the first step toward a clean slate. Contact us today to schedule your free consultation.

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Excellence Recognized: Attorneys Named 2025 Florida Super Lawyers https://www.stpetelawgroup.com/excellence-recognized-attorneys-named-2025-florida-super-lawyers/ Thu, 26 Jun 2025 20:12:51 +0000 https://www.stpetelawgroup.com/?p=21836 Battaglia, Ross, Dicus & McQuaid, P.A. is delighted to share that six of the firm’s attorneys have been named in the 2025 Florida Super Lawyers list.

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Battaglia, Ross, Dicus & McQuaid, P.A. is delighted to share that six of the firm’s attorneys have been named in the 2025 Florida Super Lawyers list. This prestigious designation recognizes attorneys who demonstrate exceptional legal skills, notable professional accomplishments, and an unwavering commitment to serving their clients.

Super Lawyers, a division of Thomson Reuters, uses a rigorous selection process combining independent research and peer evaluations to identify top attorneys across the state of Florida.

Fewer than 5% of Florida attorneys earn recognition from Super Lawyers each year. This year, the firm celebrates the inclusion of Sean McQuaid, Aubrey Dicus, Caitlin Szemotowicz, and Robert Kapusta on this prestigious list. Andrew Pardun and Lama Alqasemi were also recognized as Rising Stars, an honor reserved for just 2.5% of Florida attorneys under the age of 40 or with less than 10 years of practice.

We extend our heartfelt congratulations to these outstanding attorneys for their hard work, client advocacy, and meaningful contributions to the legal profession.

Introducing Our 2025 Florida Super Lawyers

Sean McQuaid

As President of Battaglia, Ross, Dicus & McQuaid, P.A., Sean McQuaid exemplifies leadership and legal excellence. A Florida Super Lawyer for more than a decade, Sean specializes in personal injury and criminal defense. In addition to this accolade, Sean holds an AV rating from Martindale-Hubbell and has earned recognition from Best Lawyers every year since 2014. He is also a member of the prestigious Million Dollar Advocates Forum and was named one of St. Pete’s Best Personal Injury Attorneys for 2025. Beyond the courtroom, Sean has contributed significantly to the community through leadership roles with the St. Petersburg Bar Association and the Make-A-Wish Foundation Executive Committee.

Caitlin Szematowicz

Celebrating her sixth consecutive year as a Florida Super Lawyer, Caitlin Szematowicz is known for her expertise in appeals, commercial litigation, general civil litigation, and labor and employment law. She is an active leader in the legal community, currently serving as Executive Director of the Barney Masterson American Inn of Court and previously as President of both the St. Petersburg Bar Foundation and the Pinellas County Trial Lawyers Association.

Aubrey Dicus
With nearly five decades of legal experience, Aubrey Dicus, former President and CEO of the firm, remains a distinguished Florida Super Lawyer. His broad expertise includes criminal defense, civil litigation, commercial litigation, and personal injury law. Recognized by Best Lawyers in America, Aubrey has also held key leadership positions with the Pinellas Association of Criminal Defense Lawyers and the Florida Association of Criminal Defense Lawyers. Further underscoring his lasting impact on the legal community, he was also a founding board member of the Florida Association of Criminal Defense Lawyers, a Master of the Bench in several Inns of Court, and the recipient of numerous professionalism awards.

Robert Kapusta, Jr.

Repeatedly honored as a Florida Super Lawyer, Robert Kapusta brings expertise in business and corporate law, mergers and acquisitions, and tax and estate planning. A Certified Public Accountant, Robert actively contributes to the community, serving as chair of the Executive Committee for the St. Petersburg Downtown Partnership. Outside of the courtroom, Robert volunteers to support various initiatives to promote local business growth, arts education, capital school improvements, and education programming in St. Petersburg. His blend of legal and financial expertise, as well as his commitment to the community, make him a leader both professionally and locally.

Andrew Pardun (Rising Star)
For the sixth year in a row, Andrew Pardun earns the Rising Star status for his work in real estate law, commercial litigation, and business law. He joined the firm in 2016 after receiving his Juris Doctorate Degree and MBA Degree from Stetson University College of Law. His involvement on the Executive Committee of the St. Petersburg Bar Association reflects his dedication to leadership, community service, and legal excellence.

Lama Alqasemi (Rising Star)
Honored as a Rising Star, Lama Alqasemi specializes in estate planning, tax planning, and probate and trust administration. Born and raised in Tampa Bay, she holds a Master of Laws in Taxation from the University of Florida and a Juris Doctor from George Mason University. Lama brings a rich legal background, including experience at the Department of Justice and Dentons in Prague. Since returning to the Tampa Bay area in 2022, she has actively engaged in community education and is passionate about delivering personalized legal counsel.

A Tradition of Legal Excellence in Tampa Bay

Since 1958, Battaglia, Ross, Dicus & McQuaid, P.A. has been a trusted name in the Tampa Bay area. Founded by the late Anthony Battaglia on the principles of service, integrity, and community involvement, it has long been recognized as one of Florida’s oldest and most respected law firms. This legacy continues today, with the firm’s attorneys delivering outstanding legal counsel across a broad spectrum of practice areas, including:

  • Commercial Litigation
  • Corporate & Business Law
  • Criminal Defense
  • Estate Planning & Probate
  • General Civil Litigation
  • Labor & Employment Law
  • Personal Injury
  • Property Damage & Insurance Disputes
  • Real Estate Law

Battaglia, Ross, Dicus & McQuaid, P.A. goes beyond just legal practice, carrying forward a tradition of public service and civic engagement established by its founder. Every one of the firm’s accomplished attorneys pursues excellence in the courtroom, while also actively giving back to the community they serve. This is what makes the firm a pillar of the community.

For trusted legal representation from Florida’s most accomplished attorneys, contact Battaglia, Ross, Dicus & McQuaid, P.A. today.

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What is the Status of Non-Compete Agreements Law in 2025 https://www.stpetelawgroup.com/what-is-the-status-of-non-compete-agreements-law-in-2025/ Tue, 20 May 2025 21:22:54 +0000 https://www.stpetelawgroup.com/?p=21563 Non-compete agreements are changing fast in 2025. These contracts used to be standard in many jobs.

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Non-compete agreements are changing fast in 2025. These contracts used to be standard in many jobs. Now, they face tough restrictions and growing legal challenges.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve seen these changes firsthand. As experienced Florida business attorneys, we help both employers and employees navigate this shifting landscape.

Understanding your rights under current non-compete laws is more important than ever. Here’s what you need to know.

What Are Non-Compete Agreements?

A non-compete agreement is a contract. It stops someone from working for a competitor or starting a similar business for a set time after leaving a job.

These agreements are meant to protect business interests like:

  • Trade secrets
  • Customer relationships
  • Company training and investments
  • Business goodwill

But in 2025, non-compete laws are facing more limits than ever before. Courts are looking at them more closely. Lawmakers are adding protections for workers.

Why Are Non-Compete Laws Changing?

More people are speaking out against unfair restrictions. Workers want the freedom to change jobs or start their own businesses. Employers want to keep their investments safe, but there’s a balance to strike.

As Florida business attorneys, we’ve helped many professionals stuck in unfair contracts. We’ve also guided business owners who need to protect their client base and confidential information.

That’s why the law is evolving. The goal is to protect both sides fairly.

What’s Happening at the Federal Level?

In 2024, the Federal Trade Commission (FTC) proposed a nationwide ban on non-compete agreements. The idea was to increase worker freedom and market competition.

But legal challenges slowed the plan. In early 2025, a court issued an injunction that paused the FTC’s rule. So, for now, non-compete laws remain up to each state.

The Department of Justice and the Biden administration also keep pushing to limit these contracts. They’ve flagged non-competes as harmful to innovation and job growth.

You can read more about the FTC’s rule proposal here.

What Florida Law Says About Non-Competes

Florida still allows non-compete agreements, but with rules. The agreement must:

  • Protect a legitimate business interest
  • Be reasonable in time, area, and scope
  • Not be overly broad or unfair to the employee

Examples of legitimate business interests in Florida include:

  • Specialized training paid for by the employer
  • Client lists or key customer relationships
  • Confidential information not known to the public

Florida courts often uphold non-competes if these conditions are met. But we’ve seen cases fall apart when employers push the limits.

If you’re an employer, we can help you draft an enforceable contract. If you’re an employee, we’ll help you understand what your agreement really means.

You can also explore more about our employment law practice and how we support both sides.

The Role of Consideration in Florida Non-Competes

In Florida, there must be “consideration” for a non-compete to be valid. That means the employee must receive something in exchange. For new hires, the job offer usually counts.

For current employees, the employer may need to offer a promotion, raise, or bonus. Without proper consideration, the non-compete may not be enforceable.

We help businesses ensure their agreements meet this standard. We also help workers who signed non-competes without receiving anything in return.

How Long Can a Florida Non-Compete Last?

Florida courts look at how long a non-compete lasts. In most cases, six months to two years is considered reasonable.

Longer time limits can raise red flags. Courts often strike down contracts that go too far. We’ve seen many employers lose cases because their agreements were too strict.

Our team works with clients to set time limits that are fair, legal, and enforceable.

What Areas Can Be Restricted?

Geographic restrictions must also be reasonable. For example, a Tampa-based business shouldn’t try to block a former employee from working anywhere in Florida or beyond—unless they truly operate in those areas.

The more narrowly tailored the area, the better. Courts prefer agreements that focus on where real business is done. We guide employers on how to define fair geographic boundaries.

Common Mistakes in Florida Non-Competes

Here are a few mistakes we often see:

  • Using a one-size-fits-all agreement for every employee
  • Failing to update contracts over time
  • Including vague or overly broad language
  • Not providing something of value in return for the agreement

Whether you’re writing your first agreement or reviewing an old one, we can help you avoid these traps.

Non-Solicitation vs. Non-Compete Agreements

Some employers may not need a full non-compete. A non-solicitation agreement may offer enough protection. This type of contract stops former employees from contacting your clients or staff.

Courts are more likely to enforce non-solicitation clauses than broad non-competes. They protect key relationships without blocking someone’s career path.

As Florida business attorneys, we help companies choose the right option for their needs.

Why This Matters to Job Seekers and Employees

Many professionals don’t realize they’ve signed a non-compete until it’s too late. Others are afraid to leave a job because of legal threats.

In 2025, employees need to be more aware than ever. Here’s what we recommend:

  • Ask for a copy of any contract before you sign
  • Don’t be afraid to ask questions about what’s included
  • Contact a Florida business attorney if you’re unsure what the agreement means

We’ve helped countless workers negotiate better terms or get out of unreasonable contracts.

We also help clients respond to cease-and-desist letters or lawsuits. Many times, we can resolve the issue without going to court. Quick legal action makes a big difference in these cases.

What Business Owners Need to Know

Employers still have tools to protect their business. But outdated or aggressive non-competes can do more harm than good.

Here’s what we advise employers in 2025:

  • Use clear, simple language in agreements
  • Focus restrictions on real risks, not just competition
  • Offer something of value in return for the agreement
  • Keep contracts updated to match new legal interpretations

We’ve worked with many Florida businesses to build strong agreements that stand up in court.

You can also read our guide to business law services to learn more about protecting your company.

What Courts Look for in 2025

In our experience, courts reviewing non-competes now ask:

  • Is the time limit reasonable?
  • Does the agreement cover too broad a geographic area?
  • Does it match the employee’s actual job duties?
  • Is the employer really protecting something important?

Florida courts are generally business-friendly, but they still require fairness. Vague or overly broad restrictions may not hold up. We’ve seen many agreements fail because the employer didn’t show real harm from the competition.

For a broader view of worker rights and employer obligations, check out this helpful resource by the Department of Labor.

Employee Best Practices

If you’re asked to sign a non-compete, consider:

  • Taking time to review the agreement
  • Asking for clarification on unclear terms
  • Consulting a Florida business attorney before signing

If you’re leaving a job and already bound by a non-compete:

  • Don’t ignore the contract
  • Avoid taking clients or using confidential info
  • Speak to an attorney before joining a competitor

We help clients evaluate the risks and respond with a smart plan. Being proactive can save you from costly mistakes later.

Why Expert Guidance From a Florida Business Attorney Matters

Non-compete laws are changing fast. Mistakes can cost your job or business.

At Battaglia, Ross, Dicus & McQuaid, P.A., we’ve been serving the Tampa Bay area since 1958. Our team of Florida business attorneys knows how to:

  • Review contracts quickly and clearly
  • Draft fair, enforceable non-competes
  • Fight for your rights in and out of court
  • Stay current on state and federal changes

We’ve handled hundreds of employment and business contract cases. Whether you’re an employee or employer, we’ll help you make smart legal decisions.

We work closely with clients to understand their goals and risks. Every case is different, so we tailor our advice to fit your needs. That’s what sets us apart.

Reach Out to Our Firm for a Free Consultation

If you’re unsure about a non-compete agreement, don’t wait. Get trusted legal advice today.

At Battaglia, Ross, Dicus & McQuaid, P.A., we offer free consultations for employment and business contract matters. Our attorneys will listen, answer your questions, and guide you through your next steps.

Our history of legal excellence spans more than 65 years. We’ve earned the trust of professionals, business owners, and families across Florida.

Contact us to schedule your consultation. We’re here to help you protect your rights and your future.

Let’s work together to find the best path forward for you or your business.

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The Role of Dashcam Footage in Strengthening Your Accident Claim https://www.stpetelawgroup.com/the-role-of-dashcam-footage-in-strengthening-your-accident-claim/ Fri, 16 May 2025 20:52:55 +0000 https://www.stpetelawgroup.com/?p=21539 Dashcams are increasingly popular for a good reason—they provide clear documentation of road incidents. The footage captured by dashcams can significantly impact car accident claims. At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have witnessed firsthand the pivotal role of video evidence in securing rightful compensation for our clients. In the […]

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Dashcams are increasingly popular for a good reason—they provide clear documentation of road incidents. The footage captured by dashcams can significantly impact car accident claims.

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys have witnessed firsthand the pivotal role of video evidence in securing rightful compensation for our clients. In the following sections, we will delve into the functionality of dashcams, their effectiveness in aiding claims, and the importance of owning one.

What Is Dashcam Footage?

A dashcam is a small camera that mounts inside your car. It records the road ahead (and sometimes the rear or inside, too).

Many dashcams start recording automatically when the car is turned on. Some keep looping—recording over old footage unless you save it.

In an accident, this footage can capture:

  • Who had the right of way
  • Whether a driver ran a red light
  • Speed or road conditions
  • Behavior before or after the crash

Why Dashcam Video Matters in Florida Accidents

Florida’s Comparative Negligence Rule

Florida operates under acomparative negligence system with a modified rule. This implies that responsibility can be divided among drivers. Even if the other driver bears most of the blame, your compensation may decrease if you also share some fault.

The Power of Dashcam Footage

Dashcam footage holds significant weight in such situations. It provides an impartial record of the events, offering concrete evidence to support your version of the incident.

Dashcams Provide Clear Evidence

Dashcam footage can:

  • Disprove false statements
  • Back up your version of events
  • Show weather, traffic, and lighting conditions
  • Confirm sudden stops or swerving

This kind of evidence is hard to ignore—and it’s much better than relying on memory or witness accounts.

What It Means to File a Car Accident Claim

Filing a Car Accident Claim

When you file a car accident claim, you formally request an insurance company to cover your losses. This process involves either your insurer or the other driver’s policy, determined by fault and coverage.

It’s essential to differentiate a claim from a lawsuit initially. It’s a step where you provide evidence of your injuries, property damage, and expenses. Subsequently, the insurance company assesses your case and presents an offer. Engaging a Florida car accident attorney can guarantee that the offer is just and mirrors the true consequences of the collision.

What Damages Can You Recover After a Crash?

When filing a claim, you are seeking to be fully compensated for all the ways the accident has impacted your life. Common damages include:

  • Medical bills and future treatment
  • Lost wages or reduced earning ability
  • Damage to your vehicle or other property
  • Pain and suffering
  • Emotional distress or mental anguish

In more serious cases, you may also recover for permanent injury or long-term disability. If someone else caused your injuries, you shouldn’t have to shoulder the cost alone.

Evidence We Use to Support Your Claim

We build strong claims using:

  • Photos
  • Witness statements
  • Police reports
  • Expert analysis
  • Security camera footage from nearby businesses
  • Traffic camera footage, if available

Sometimes even a bystander’s phone video can help. Our team works quickly to gather every possible source of proof.

If you were involved in a crash and don’t have dashcam footage, we’ll explore every other option to prove your case.

When Dashcam Footage Can Strengthen a Claim

Not all video evidence is equally helpful. However, in many situations, dashcam footage can significantly strengthen a claim.

Common Scenarios Where Dashcams Help:

  • Rear-end collisions: Shows who hit who and when.
  • Intersection crashes: Proves who had the green light.
  • Swerving or lane departures: Shows unsafe driving.
  • Road rage: Captures aggressive or threatening behavior.
  • Hit-and-runs: May show the other driver’s license plate.

If you’ve been injured in one of these incidents, a Florida car accident attorney can assist you in preserving and properly utilizing your footage.

Can Dashcam Footage Be Used in Court?

Florida courts accept dashcam footage as evidence if it is relevant and unaltered.

To use it, you need to:

  • Save the footage as soon as possible
  • Keep the original file (not just a copy)
  • Show that the footage came from your car

Your Florida car accident attorney can help make sure the video is admissible.

Should You Install a Dashcam?

We believe it’s a wise decision. Dashcams are inexpensive, simple to operate, and can be invaluable when insurance claims come up. If you are an Uber, Lyft, delivery person, or professional driver, they should be part of your vehicle.

Here’s why we recommend them:

  • Accidents happen when you least expect it
  • Not everyone tells the truth after a crash
  • Video clears up confusion and false claims

Dashcams for Florida Drivers

Florida drivers can receive insurance discounts by installing a dashcam in their vehicles. When choosing a dashcam, consider popular models such as the Garmin Dash Cam Mini 2, Nextbase 522GW, or Vantrue N4. These models are priced between $80 and $250, providing features like loop recording, GPS, and cloud backups.

For more help choosing, check out this consumer report on dashcams.

How to Protect and Save Your Footage

After an accident, every second counts. Most dashcams have a feature that automatically overwrites older recordings after a certain period of time, typically within a few hours or days.

To ensure that your important footage is preserved, follow these steps:

  • Remove the memory card or save the file immediately: If your dashcam uses a memory card, take it out as soon as possible. Alternatively, if your dashcam has a built-in storage option, make sure to save the file right away.
  • Back it up to your computer or cloud storage: Connect the memory card to your computer and transfer the files to a safe location. If you prefer cloud storage, upload the footage to a reliable service.
  • Inform your attorney about the video: If you’re involved in any legal proceedings related to the crash, notify your attorney that you have video evidence.

If your dashcam comes with a mobile app, make use of it to lock the file and prevent automatic deletion.

What About Privacy Laws?

Florida allows dashcam recording in public spaces. However, it’s illegal to record someone’s private conversation without their consent.

That means you can record the road, but don’t turn your dashcam into a spy cam.

What If You Don’t Have a Dashcam?

Don’t worry. Dashcam footage is helpful, but it’s not the only kind of evidence.

We build strong claims using:

  • Photos
  • Witness statements
  • Police reports
  • Expert analysis
  • Security camera footage from nearby businesses
  • Traffic camera footage, if available

Utilizing Video Evidence

When it comes to gathering evidence, a bystander’s phone video can be invaluable. Our team diligently collects all available proof to strengthen your case.

Video evidence not only enhances clarity but also expedites the investigation process. In situations where dashcam footage is unavailable following an accident, rest assured that we will exhaust all alternative avenues to support your claim.

Why You Need an Attorney’s Help

Dealing with a car accident claim, even with dashcam footage, can be complex. Insurance companies have been known to minimize the importance of video evidence or use it to your disadvantage.

How We Can Help

At Battaglia, Ross, Dicus & McQuaid, P.A., our Florida car accident attorneys are skilled in:

  • Analyze dashcam footage
  • Present it persuasively
  • Fight lowball offers
  • Help you avoid legal missteps

We also know Florida’s accident laws inside and out. We’ve handled countless cases involving video evidence, and we know how to use it effectively.

Contact Battaglia, Ross, Dicus & McQuaid, P.A. for a Free Consultation

If you’ve been in a crash and have dashcam footage—or wish you did—we can help.

Our team of Florida car accident attorneys has decades of experience. We’ve recovered millions for accident victims across the state. We’re known for honest advice, strong negotiation, and personalized support.

We don’t charge unless we win. And your consultation is always free.

Reach out today to schedule your free consultation. Let us review your case, your footage, and your options.

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