What you don’t know can get you arrested

You are likely already aware that the police set up road blocks from time to time to catch drivers under the influence of alcohol. However, what you may not be aware of is the regulations the police must follow to perform road blocks.

Understand these procedures and protect your rights:

Be Aware

• The police must announce the vicinity and time of road blocks in advance. You can find these notices in your local paper. In addition the police must set up a ‘Last Chance Warning’ notice giving you the opportunity to make a U-turn and avoid the road block. If you have had even a single drink you would be best suited to heed this warning and avoid the roadblock, however please note that the police will be watching for this activity.

Start Counting

• Before the road block is established, police are not only supposed to announce them by law, but also are required determine the number of cars they are going to stop (e.g. 1 out of 10) that night. If the on-duty officer decides to deviate from their set plan and isn’t being consistent with the number of cars they’re stopping, your case may be thrown out.

Arrests at Road Blocks

• You are legally permitted to decline a field sobriety test, and due to the unreliable nature of these exercises, we recommend declining whether you have been drinking or not. You may still be arrested based on ‘officer observations’ and asked to take a breath test which you are legally required to take. However, we recommend immediately requesting a blood test as well to validate the results. Even if you score a zero and no alcohol is detected you won’t be un-arrested and charges will still be filed.

Road Block Peak Times

• Be aware that holidays and other big events are when road blocks are most likely to occur. For example: St. Patrick’s Day, Mothers/Fathers Day, Labor Day, Independence Day, Easter, or Superbowl Sunday.

Wolf Pack

• This is not a road block, but there are times when extra police saturate an area with the intent of pulling over people that have been drinking. Some police may be sitting in bar/restaurant parking lots waiting for people to leave and then find a reason to pull them over, such as a tail light, going over the speed limit, or rolling through a stop sign.

Anytime you are planning on driving, your safest course of action is to avoid any drinking at all, and if you do drink, have a designated driver available.

Even if you don’t feel intoxicated, your blood alcohol level may still be above the legal limit.

The penalty of refusing a breath test

If your test results show that you’re at a .08 or above, your license can be suspended for 6 months, but you may be eligible for a hardship license after 30 days. However, refusing a breath test may result in a suspended license for up to a year and you will not be eligible to apply for a hardship license for 90 days. In addition that refusal can be used as evidence against you, further if you have past refusals from other arrests, your refusal may be added as an additional charge.

Contact Bianco & Mansfield at 727.843.0097 for a free legal consultation.

Dog Attack Injuries Can Have Serious Consequences

Dog attacks can happen to anyone when least expected and can cause serious and permanent injuries and disfigurement.  The extent of your injuries and the long term associated costs are not always immediately apparent.  It is important to understand your rights and the steps you should take if you or someone you care about has been bitten or otherwise injured in a dog attack.  Don’t take risks with your future – seek advice from an experienced personal injury attorney

Understanding Florida Law Related to Dog Attacks

Under Florida Law a dog owner is liable for all injuries and damages that occur as a result of the actions of their pet if the injured person is in a public place or is legally on private property including that of the dog owner.  This is true regardless of whether the dog has a history of aggressiveness or whether the owner is aware of risks posed by the dog. 

There are exemptions to this liability. If the injured party is found to have teased or injured the dog or has attacked the dog’s owner or family of the owner there is no owner liability. Another exemption is if the injured person has ignored appropriate and clear warnings by the owner.

What You Should Do If You Are Bitten or Attacked by a Dog

Get medical attention for your dog attack related injuries: Your first priority is to seek appropriate medical attention. Even if you believe you are not seriously injured you should go to an emergency room and be evaluated. It is possible that a rabies shot may be necessary of the owner cannot demonstrate that the dog has been vaccinated or it you are not aware of who owns the dog.  Keep all paperwork and receipts for evaluation, testing, and treatment.

Obtain dog owner and witness contact information:  Get the name and address of the owner if possible as well as insurance information and dog license information.  Also get contact information for any witnesses to the incident. Witnesses can be extremely important and helpful to your case.

Take photos related the dog attack incident: Take photos of your injuries and clothing as well as any other relevant areas of the scene of the incident. For example if you are attacked while legally on the dog owners property, take pictures of the area to demonstrate that no warning signs were present. Cell phones can be useful for taking photos.

Report the dog attack to authorities:  You should report the dog bite to the police as well as to animal control where appropriate. You may be a dog lover yourself or know the dog owner and hesitate to report the incident. But in order to protect your rights this is an important step.

Contact an Attorney:  As soon as possible contact an experienced personal injury attorney. They can assess the particular circumstances of the dog attack incident and provide you with guidance regarding options and steps you should take. They can also help with referral for treatment.

What Not to Do if You Are Bitten By a Dog!

Do not sign any documents provided by any insurance company, the owner of the dog, or a landlord or property owner. It is inadvisable to even speak to an insurance company until you have had the advice of an attorney.

If You Have Been Bitten or Attacked by a Dog Call for a Free Consultation 

Bianco and Mansfield – Personal Injury Attorneys – New Port Richey

When it happens to you or someone you care about!

Most drivers witness car or other vehicle accidents or their aftermath almost every day.  But if you or someone you care about is personally involved in an accident it can be an extremely traumatic event.  Accidents are always unexpected and resulting injuries, insurance processes, and concerns about legal liability and financial impacts can leave you feeling overwhelmed and confused.

Knowing the steps you should take when involved in an accident ahead of time can prevent mistakes that may have long lasting consequences, particularly if serious injuries are involved or are identified later.

Some important steps to take if you are involved in a car accident!

Medical Evaluation and Treatment:  Your first priority is to seek appropriate medical evaluation and attention. Often injuries are not apparent at the time of an accident. If you are unsure about the extent of your injuries seek a medical evaluation as soon as possible. 

Accident Report:  Contact your insurance company and file a detailed accident report as soon as possible. Do not speak to insurance companies of others involved in the accident until you have received the advice of your insurance company and an attorney.

Contact an Attorney:  Don’t hesitate to contact an attorney experienced in vehicle accident cases and personal injury law for advice.  An attorney can provide counsel regarding who to talk to and who not to talk to and provide support so that you can focus on recovering from the accident. An attorney may be able provide you with referrals for medical evaluation and specialists.

Empower Yourself and Your Attorney:  It is important to gather as much information as possible immediately after your accident and on an ongoing basis. Seek assistance from family members or trusted friends if you are unable to take some of the following steps yourself.

• Take pictures or videos of the accident scene and any damage to all vehicles involved.  Camera equipped cell phones can be very useful here.
• Take pictures of your injuries if applicable.
• Get a list of all witnesses with contact information such as name, address, and phone number.
• Write down any relevant details about the circumstances of the accident as soon as possible.
• Keep copies of the results of medical evaluations and treatment as well as bills and receipts.
• Keep copies of vehicle repair estimates, bills and receipts, as well as value of a total loss if applicable.
• Keep a record of any and all lost time or wages at work

If you are reading this after you have been involved in an accident and did not take some of the steps above.

• Take pictures of your injuries now.
• Take pictures of any vehicle damage.
• Collect and/or write down as much of the information indicated above as possible.
• Contact an attorney right away.

At Bianco and Mansfield we understand how devastating involvement in a vehicle accident can be. By taking the steps above and contacting an experienced vehicle accident and personal injury attorney as soon as possible you can receive the counsel and representation you need so that you can focus on recovering and getting back to your life.

Most drivers will at some point in their lives be pulled over for a traffic offense. We expect the inconvenience and cost, and perhaps the need to take a defensive driving class.  But there are a number of things you should know that can help you reduce or avoid these and other more serious consequences.  Here is our top 7 list of things to know:

What to Do When You’re Pulled Over

Your behavior and attitude when you are pulled over for a traffic stop can greatly impact the outcome. Always be polite and cooperative no matter how you actually feel. When asked questions, be honest or say nothing. The officer is not required to read you your Miranda Rights but anything you say can still be used against you in a court of law.  An officer may be generous and reduce the severity of an infraction. However, if you contest the ticket the initial charge can be reinstated.

What Paying Your Ticket Means

Many people don’t know that when you pay a traffic ticket it is an automatic admission and adjudication of guilt that is entered into your record.  This information can then be used in future cases and it can also be used by insurance companies to make rate determinations. So while just paying your traffic ticket may make sense for parking and other very minor violations, you should consider the potential consequences of paying a ticket for violations such as speeding or running a traffic light or stop sign.

Civil Tickets and Their Potential Consequences

Offenses such as speeding (20mph or less over), running a red light or stop sign, careless driving, or failure to yield are considered civil (non criminal) offenses. However, this doesn’t mean that you simply pay a fine and the consequences end there. These infractions add points to your record and can ultimately result in the suspension of your driving privileges. This can obviously have a very negative impact on your ability to work or engage in other critical functions. Since you don’t know what future violations you may be involved in or how easily they may be challenged, you should always consider challenging current violations to avoid or reduce points and fines. An experienced attorney may be able to have your fines and points reduced or even eliminated.

Criminal Traffic Offenses

You may be stopped for a relatively minor civil traffic infraction and then find yourself being charged with a criminal offense. The most common criminal offenses resulting from routine traffic stops include:

• Driving with a suspended license - Often drivers don’t even realize that their license has been suspended perhaps due to failure to pay a previous ticket. This can result in an extension of your license suspension and even jail.
• Not wearing corrective lenses when your license includes this restriction - This offense can be considered criminal. If you rear end someone and are not wearing required corrective lenses this minor accident can also become a criminal offense. 
• Having the wrong tag on your car - If the registration tag on your car does not match the car’s VIN number this can be considered a criminal offense.

If you are charged with a criminal traffic offense you should always be represented by an attorney.

Felonies Resulting from Traffic Offense Stops

Being pulled over for a minor traffic infraction can result in the discovery of evidence that leads to a felony charge. Examples include the discovery of a gun without a concealed weapon permit, other illegal weapons, drugs, or other contraband. Even if the reason for the traffic stop was a mistake it can still lead to felony charges if the officer had probable cause. You should not give permission to have your car searched but if officer decides to search anyway you should politely request that the officer make a note indicating that you declined permission to search.

If you are charged with a felony related to a traffic stop or any other reason it is imperative that you contact an attorney immediately.

If You Have Been Drinking

The presence of alcohol in your system can result in serious DUI Charges. You are permitted to decline a field sobriety test without consequence. You are, however, required to take a breath test but if you fail it is advised that you demand a blood test immediately (if this test is not provided the breath test can be declared invalid). At the first opportunity make a report of who you interacted with and what you were doing prior to the arrest and also note any mechanical issues or other factors that could account for the appearance of erratic driving.

DUI charges are a serious matter that require representation by an experienced DUI Attorney

Finding the Right Attorney

The most important decision you will make if you have been involved in a traffic violation is the choice of an attorney with experience in all facets of traffic law and the related consequences that may result from a traffic violation. Frank Bianco and Declan Mansfield are highly experienced attorneys that will work directly with you right from your very first free consultation and throughout the legal process. We’re located right here in New Port Richey in Pasco County and are committed to aggressively defending your rights.

Misconceptions about Juvenile Charges and Proceedings

Due to common misconceptions and a lack of knowledge regarding the potential impacts of a child being charged with a juvenile offense, many families choose not to involve an attorney or hire a family lawyer with little or no experience in the juvenile system. 

While juvenile proceedings are technically not criminal proceedings they can result in serious immediate and lifelong consequences that can change the course of your child’s life.

Juvenile courts are different than adult courts in a variety of ways and only an experienced juvenile defense attorney can help avoid pitfalls and take advantage of all the legal processes and strategies that can drastically affect the outcome for your child.   Juvenile proceedings do not involve a jury. A judge determines the outcome of a case and imposes sanctions. An experienced attorney understands the factors that judges take into consideration when determining the outcome of a case.

Don’t Underestimate the Impacts of Juvenile Charges and Sanctions

Parents want to do everything in their power to provide the best possible futures for their children. It is important not to underestimate the negative consequences that can result from juvenile charges and the benefits that having an experienced juvenile defense attorney on your side can have.

Depending on the nature of the offense, upon arrest your child may be held overnight in a secure detention facility and may be then be held for up to 21 additional days subsequent to a detention hearing.  This process alone can be traumatizing to a child and family.  Also while jail is technically not a sanction in juvenile cases there are a number of other dispositions that involve removal from the home including being be sent to residential or treatment programs or to a juvenile detention center until the age of 19 (and 21 in some cases).

In addition to potential removal from the home, being charged with a juvenile offense can:

• Result in a permanent, unsealed juvenile arrest record. Juvenile records are not as private and confidential as people think.
• Affect ability to access scholarships and grants
• Limit choice of colleges and programs
• Exclude career choices including the military and many professions
•  Result in jail time and other extreme consequences if case is upgraded to an adult court

Get the Help You Need to Protect Your Child’s Future

Involving an experienced juvenile defense attorney as soon as possible after your child is charged with a juvenile offense is the most important action you can take to mitigate negative impacts and achieve the best outcome for your child. From the very first day after an arrest and through every phase of the juvenile court process an experienced attorney can intervene in ways that can change the course of events, reduce trauma, and protect your child’s future.

For example your attorney can:

• Investigate the circumstances of the arrest and gather important pertinent information from the child and family that may be effective in having charges dropped by the prosecutor through pre-trial motions
• Aggressively intervene and present mitigating circumstances during the detention hearing increasing the chances that  the child can return home or receive in-home detention rather than experiencing extended secure detention
• Review the accuracy of Detention Risk Assessments which are used to determine how long your child must remain in secure detention.
• Work with the accused child on presentation and appearance which can positively impact the judges perception of the child and resulting decisions by the court
• Work with parents to assess and independently address the child’s rehabilitative needs. By voluntarily addressing the child’s needs the court may be convinced that court intervention is not necessary.
• Help the family determine if waiving the right to a speedy trial, accepting a plea agreement, or submitting to state run or funded diversion or other programs is in the best interest of the child. Depending on family resources, arranging private treatment may be preferable if the court agrees to this option.
• Conduct an independent investigation and use the findings and all available legal mechanisms to prevent your child from being tried as an adult in cases of serious criminal charges
• Fight to prevent victims of offenses from receiving compensation in excess of their total loss

Don’t take chances with your child’s future!  If your child has been charged with a juvenile offense you should contact an experienced juvenile defense attorney right away.

Bianco and Mansfield

Juvenile Defense Attorneys in Pasco County

727.843.0097

If you are the victim of a slip and fall, even if no physical injuries resulted, the actions you take soon after the incident can make all the difference in successfully pursuing a lawsuit. Whether you slipped or fell in a public location, inside or outside a business, or in a private location, you should be informed about the appropriate actions to take. This blog provides some of the basic information you need.

First Things First

If you have been injured or think you may have been injured your first concern is to receive a medical evaluation and treatment. Go to the nearest emergency room and take ambulance transport if you are unsure about the potential extent of injuries.

On-Site Actions

Take pictures of the area and your injuries.
Cell phones can be used for this.

Don’t wash your clothes or shoes.
This can provide evidence of a substance or surface you may have slipped on.

Get names and phone numbers of witnesses when possible.
They may be able to indicate how long the fall risk was present and how you slipped or fell.

Ask for the “aisle check log” from the manager of the store if applicable.
This may indicate a failure to meet business risk surveillance policies.

Do not provide any recorded statements without an attorney.
You are not required to do this.

Request Surveillance Footage
This may not be provided to you but requesting it in front of witnesses can be helpful.

If you fill out an incident report, get a copy immediately.
This will be helpful to your attorney.

Contact an experienced personal injury lawyer immediately.
Depending on the particular circumstances of you fall an experienced attorney will provide you with additional guidance to ensure the best possible outcome possible.

Choose The Right Attorney

Selecting the right personal injury attorney with experience in slips and falls may be the most important action you can take after experiencing a slip or fall. The right attorney will meet with you directly offering advice and consultation on what is in your best interest from medical treatment to the pursuit of lawsuit.

Bianco and Mansfield – Your Pasco County Slip and Fall Attorneys

Many people are unsure of what to do or say if placed under arrest. It is important to know you have rights. Remember these following tips if you find yourself under arrest.


1. Always, always, always request the presence and advice of an attorney.

2. Police can offer you anything-but only the State Attorney has the authority to approve that offer.

3. In a DUI- you are not afforded an attorney prior to your arrest. Ask for one anyway.

4. If asked to perform a Field Sobriety Exercise you can refuse said exercise with no consequences. These test are not objective they are subjective and based strictly on interpretation of the officer administrating the exercise.

5. If you take the intoxilizer, and exceed the legal limit of .08, demand a blood test and request the officer note that in his file.

6. As soon as possible make notes of where you were that entire day, what you ate, drank (water included), eliminated, who you were with. If possible get a receipt for anything you paid for.

7. Reviewing your cell phone records, voice mails and messages you may have made to preserve your voice and the impression people who spoke to you thought of your speech.

8. If there were mechanical issues with your car get a repair estimate as soon as possible- from a reputable repair shop-not your favorite “uncle who is in the business.”

9. If you submitted to a urine test, immediately upon your release from jail, have your blood drawn and analyzed at any local lab.

10. Take pictures of any injury you may have suffered as a result of being arrested.

11. Document, Document, Document that day of your life!

If you have a vehicle it must be insured.

If you have insurance you must go through your insurance under the no fault coverage regardless if you were at fault for your medical bills and lost wages up to your no fault limits and are subject to substracting any no fault deductables.

The deductables are figured using the no fault formula. The no fault formula is normally 80% of your medical bills and 60% of your lost wages (get script for work release).

If you don't have a car then if you live with a family member who does not it is their no fault that pays.

If neither, then the car you are riding in or the car who is at fault pays.

Any unpaid medical bills or lost wages which are related and reasonable, the party at fault is responsible to pay.