You Are Permitted to Decline a Field Sobriety Test

While you are under no obligation to perform a field sobriety test. Refusing a field sobriety test will not affect your license. If you are forced to do the field test, your rights are being violated. Always remember that your conduct and attitude are very important when declining this test. Remain polite at all times be aware of what you say. For example, simply admitting that you’re taking certain prescription (e.g. Valium, Ambien, Percocet, OxyContin) or over-the-counter medications (e.g. Benadryl, Dimetapp) may put you in DUI violation. Remember, even small amounts of alcohol can compound the impairment abilities of these drugs.

If You Fail a Breath Test

You will, at a minimum, be required to submit to a breathalyzer. Legally, you have the right to have the arresting officer take you to the hospital to have your blood alcohol level (BAL) tested. If you are not allowed to submit yourself to a blood test, the breath test may be declared invalid. Remember, the cost of a blood test will be yours to bear and the officer is not required to disclose this right to you. Next, note any mechanical issues with the car that could account for erratic driving and have them validated by a mechanic as quickly as possible. Then, write down what you were doing and who you interacted with before the arrest.

Enhanced Penalties Can Be Up To $5,000 in Fines and 5 Years in Jail

Penalties will vary depending on past violations, how far apart they are, and how high your BAL is. They can range from 50 hours of community service to imprisonment. You may also lose your license or have your vehicle immobilized. The attorneys at Bianco-Mansfield can help you reduce your penalty. You have a right to request a formal review in front of DMV hearing officers. But you must request the hearing within 10 days; otherwise, you waive that right. We have 20 years of experience helping people in Pasco and surrounding counties with DUI arrests.

Learn more about what you should do if you get arrested for DUI or

Speak to an Attorney Today!

When a loved one dies, particularly if the death or injury leading to death was sudden, the resulting grief and shock can be overwhelming. It may be weeks or even months before the shock recedes to the point where it is realized that the death may have been caused by negligence and could have been prevented.

Vehicle and boating accidents are the most frequent causes of preventable unexpected deaths along with accidents that occur due to the failure of a responsible party to take proper safety measures. Unfortunately, due to our natural emotional reactions, delays in recognizing that negligence may have been involved can prevent families from receiving full and just compensation from negligent parties, often leading to long term financial consequences and hardship.

Simple Steps You Can Take in the Event of a Wrongful Death

Knowing the basic steps you should take after a loved one dies or is seriously injured due to an accident can allow you to help protect the rights of you and your family, even during emotionally difficult times.  These simple steps should be taken regardless of whether you already believe that negligence was involved.

Start a log of events:

Make a dated list of events that occurred prior to, during, and after the accident to the best of your ability. The shock following a death or serious injury will make it hard to remember important event details later.  Include things like what happened, who was there, any police or emergency response involvement, calls or correspondence received by insurance companies, etc.

Collect documentation:

Select a place to file or collect any correspondence or reports. If possible get contact information of anyone involved in the accident and any witnesses. If any pictures were taken of the accident collect these as well. Request and keep any police or other investigation reports. Also make and keep copies of any newspaper articles or articles from the internet relating to the accident.

Get experienced help:

The most helpful step you can take after the death or serious injury of a loved one resulting from an accident is to seek counsel from an experienced attorney you can trust. Your attorney will discuss the case with you and provide you with the guidance and help you need during a difficult time. Do not sign any documents without the advice or presence of an attorney!

Protect Your Rights

Under Florida’s “Wrongful Death Act” survivors of a death resulting from negligence may be entitled to compensation for lost support and services, pain and suffering, burial costs, and other compensation depending on the circumstances of the case and the relationship of the survivor(s) in question to the deceased.

While only time can ease the pain of losing a loved one, taking the simple steps above can help protect your rights and potentially prevent future financial hardships.

For a No-Cost Consultation to Discuss a Death Due to Potential Negligence

Call Bianco and Mansfield

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

Picture credit: Suncoast Pasco News

The principal at Bayonet Point Middle School arranged for an Army National Guard crew to land its UH-72 Lakota helicopter on the school field for an assembly that marked the end of Red Ribbon Week, an event designed to help prevent drug abuse.

Captain Jeanette Kingsley was part of all the excitement. Jeannette is the daughter in law of Linda Kingsley, the office manager at Bianco & Mansfield. She, along with other members of the Army National Guard crew, explained their mission, helped answer questions the students had and let them peer inside the aircraft.

It was a great learning experience for the students and we at Bianco & Mansfield are very proud of Jeanette’s service to the community.

You can read the full article in the Suncoast News here.

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.

Traumatic injuries occur suddenly and often severely impact the lives of those who suffer the injury as well as the lives of family and friends. High quality immediate treatment and ongoing treatment, care, and rehabilitation are critical to minimizing the lifelong physical and emotional impacts of a traumatic injury.

In addition to the physical and emotional cost, the financial impact of a traumatic injury can be devastating.

Types of Traumatic Injuries:

Traumatic injuries result in severe physical damage and are caused by something external to the injured person. In other words they are not caused by a genetic condition or a disease, although a traumatic injury can produce secondary disease or disabling conditions.

Common examples of traumatic injuries include:

• Loss of Limb
• Burns
• Brain Injuries
• Permanent Scars
• Broken Bones
• Back Injuries (even those that do not require surgery)
• Any permanent injury that will impact the rest of your life.

Important Steps to Take if You or a Loved One Has Suffered a Traumatic Injury

The days and weeks after suffering a traumatic injury can be frightening and overwhelming. The first critical concern is the preservation of life and limb. However, it is important to realize that in many cases the key to long term recovery, both physically and emotionally, is access to quality long term treatment and/or rehabilitative care. Traumatic injuries also frequently prevent or limit the ability of the injured person to work. By taking the right steps you can improve your ability to access the care and services you need.

Here are some important things to do after suffering a traumatic injury:

• First seek a medical evaluation and treatment from respected medical professionals.
• If you are uncertain of the extent of your injuries always get a medical evaluation. This can identify injuries you are not fully aware of and also provide valuable information should symptoms appear later.
• Head injuries may result in delayed traumatic effects including memory loss, depression, and mood instability. If you have suffered a head injury, unconsciousness, or a concussion you should seek immediate medical attention.
• If non-emergency surgery or another non-emergency high risk procedure is recommended ask for a second opinion.
• As soon a possible contact an attorney experienced in traumatic injury cases. By involving an attorney as early as possible you will receive the guidance, support, and direction you need so you can focus on recovery.
• Keep records and a diary documenting all treatments and your status.
• Take pictures of your injuries on a regular basis, daily if possible.

If you or a loved one has suffered a traumatic injury you may have options that you are not aware of, particularly if the injury was the result of another's negligence. Florida law allows those who suffer traumatic injuries due to negligence to file a personal injury lawsuit to recover compensation for medical expenses, pain and suffering, lost wages, and other financial consequences resulting from the injury.

To Learn More About Traumatic Injuries and What You Can Do to Receive the Support You Need

Call Bianco and Mansfield 

For a Free Consultation Call

727.843.0097

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 arrested for a Felony within the State of Florida there are a number of vital and essential steps to initially and immediately take to preserve and prepare the defense of your case:

1) Recognize that time is of the essence – the State Attorney, through the Police, is building his case against you.  Every day you wait may cause a critical loss in the defense of your case.

2) Obtain witnesses names, addresses and phone numbers.  If possible obtain dates and signed statements from and all potential witnesses.

3) If appropriate, take pictures of the crime scene, injuries to yourself and any evidence which would help persuade the State Attorney or a Court to accept your defense.

4) Hire an attorney with criminal trial experience.  Ask if they have ever tried a case to a jury.  Ask the attorney to review his / her qualifications to represent you in this criminal matter.  Remember, it is your liberty that may be at stake – would you risk your life with someone not qualified to defend you?

5) Discuss the possible options open to you in your case if you enter a plea such as Drug Court, Diversion Programs, Youthful Offender, Probation, Community Control (know as House Arrest), County Jail and potentially State Prison.

6) Discuss possible depositions of state witnesses, hiring your own expert witnesses, filing various motions to limit or eliminate the charge or charges as well as testimony and evidence.

At Bianco & Mansfield we are both former prosecutors with extensive trial experience.  Please call us for a free consultation.

In the recent past the requirements for admissible testimony for a K-9 drug detection situation in Florida were extremely basic and with limited parameters.  Once a dog alerted the testing was normally admissible as long as a few basic rules were followed.

On April 14, 2011 the Florida Supreme court in Jardines vs State changed the face of requirements not only for the identification by the dog but the actual existence of proof before a dog can even be used at a residence for initial detection.

It has been long established that one had the right and expectation of privacy in your home.  The use of technology has not been interpreted by the Courts to allow greater intrusion to one’s “castle”.  For instance, the use of a thermal imaging unit to detect a grow house will, without further evidence, be considered an unlawful search (see Kyllo v United States 533U.S.27(2001)).

An expectation of privacy, as guaranteed by the United States and Florida Constitutions allows all to be free from unwarranted and unreasonable governmental intrusions.  The government must establish probable cause that facts of a crime or crimes are being perpetrated.  A “dog sniff” is an intrusive procedure and cannot be the basis of probable cause.

The Courts now, even with an acceptable dog sniff, will require proof of the dog’s conditioning and certification programs.  The Courts will also require the proof of the dog’s performance.  (United States Customs will certify only dogs who achieve and maintain a perfect record).  Additionally, the officer will have to demonstrate his own training and knowledge.  The officer will have to prove what the training consists of not just a blanket statement that the dog completed an initial or maintenance training.  Currently there is no uniformity in the certification process of drug detection dogs.  I submit, the Courts will demand proof in the future before the evidence will be allowed to see the light of day in a trial of this nature.

If you wish further information please do not hesitate to contact our office.