Florida Criminal Defense and DUI Defense Blog

3Oct, 22

Associate Attorney Wendy Diaz talks about traveling and the law.

Today I want to talk about traveling.

With the airport’s opening up, traveling being more accessible, the pandemic restrictions lifting, and, of course, fall and football are starting, everyone is ready to get all of their anxious travel bugs out the way.

And a lot of the time, people are accustomed to the customs of the police and the interactions of your community, and what is and isn’t permissible. And sometimes we forget that what’s allowed where we are normally, isn’t necessarily allowed in the places that we go.

I get a lot of questions, particularly when it comes to having a medical cannabis card. For instance, in some places, some states have legalized medicinal marijuana. Some states haven’t. Some states, like Colorado, have legalized both medicinal and recreational.

But what does that mean for someone that lives there and goes out of state?

Well, it could involve some federal issues, because there’s the interstate compact and interstate travel, and it is federally illegal. So you always have to consider all of the jurisdictions involved. Whether there’s more than one, like the United States of America, whether it’s federal, state and municipal. And especially when you go to other countries.

The United States doesn’t have sanctioned religion. Some countries in this world do have sanctioned religion. And you must follow certain customs, or you have to apply for certain exceptions, prior to going.

So it’s always good to do your research as to local customs, the time of year, if there’s any festivals going on, where there’s heightened security, which means probably more money at your local hostel or hotel, and even more pricing on Uber, or any other travel rideshare services that are becoming more common.

Other things to consider when traveling are insurance. This is also something to consider if you have a will or an estate plan. And if you don’t have a will or estate plan, you can give us a call and we will certainly help you with an estate plan.

But the important thing is, you know, if something should happen out of country, what can you do to alert your family? Or what can you do to bring yourself back here? I know certain funeral homes and celebration of life places have plans in place, and it’s similar to a car payment plan where you have these steps already in place, and you just have to let a travel companion or someone that is helping you plan this trip or someone that knows you’re going, so that way, they can be the point of contact should something. Again, hopefully not, but should something happen, it is always better to have something and not need it, rather than need it and, unfortunately, not have it.

Some other things to consider are the time of year that you’re going. I know in Florida we have season and non-season, and the season is certainly a lot more expensive than the offseason. You have a lot more tourists, a lot more cash flow, a lot more demand and economics 101 – supply and demand dictates market price.

Also, if you’re going with children, and whether or not the local customs of having children are different from what they are back home.

Just taking those things into consideration, because we all feel comfortable in our blankets and in our bubbles, but sometimes the blankets and bubbles don’t really mesh in other places that we go to.

Attorney Mike Kessler
Written by: Attorney Mike Kessler

Attorney Kessler has been practicing criminal law in Florida for 30 years. He is recognized as is a leading authority on drunk-driving defense as well as a founding member of the Saint Lucie County Association of Criminal Defense Lawyers and co-author of The DUI Book: Florida Edition, the definitive resource on DUI in Florida.

To speak with Mike, call 772-466-4900 or click here for a free consultation.

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