Jacksonville Criminal Defense Attorney Blog

Operating a motor vehicle for purposes of being charged with driving under the influence does not necessarily mean the vehicle has to be moving. Many times, DUI suspects are arrested while being passed out or slumped over thier vehicle at an intersecion or in a parking lot.

If you have been drinking, it is best not to get in your vehicle at all. Do not even give the impression that you have been driving. In addition, if asked by an offficer whether or not you have been drinking, do not provide an answer that is going to incriminate you.

It can be used against as evidence in your trial.

Many times an officer will note in his report that a suspect's eyes are "bloodshot" and "glassy" and that the speech is slurred. These are subjective findings that can be challenged in court.

Continue reading " What is "operating" a motor vehicle under Florida law ? " »

Several DUI cases in Philadelphia and in other locations have come under strict scrutiny. Apparently, officers have been certifying intoxilyzer machines wrongfully. These machines must constantly be tested in order to ensure accurate results.

Serveral of these machines that tested and exceeded deviation requirements were still in use. One of the reasons these machines were still in use probably has to do with the fact that they cost about $6,000-$8,000 per machine.

The article points out that this practice has been going on in Florida as well. If the machine results are deemed invalid and not admissible in court, many times, this fact alone will exonerate many DUI suspects.

To learn more about this article, please visit Operator error in Philly DUI tests?

Continue reading " Insufficient Calibration Leaves many Florida DUI cases in limbo " »

DUI checkpoints and their constitutionality have been questioned for quite some time. The United States Supreme Court has held that DUI checkpoints are legal but there are some requirements for the checkpoint to be deemed valid. First, notice must provided that a checkpoint is going to occur.

This is usually done through some type of media outlet like a newspaper. The notice must include the location and time the checkpoint is scheduled to occur. In addition, there must be some type of policy in checking vehicles.

There has to be a pattern of some sort. However, not every vehicle can be checked. There will be a DUI checkpoint setup in Lee County this weekend. Please read the article below to get more information.

To learn more about this article, please visit DUI checkpoints set for this weekend./p>

Continue reading " DUI Checkpoints " »

Some of these tips are pretty straightforward, however, the importance cannot be stressed enough. Use common sense and lean on the cautionary side when making decisions. Some of the tips in avoiding a DUI arrest are

1. Do not drink and drive. Period.

2. Call a cab, friend, or family member.

3. Make sure your vehicle is in good working condition. For example, make sure blinkers, headlights and tailights are in good working order. Police have to have a reason to pull you over. Many times a vehicle that has one of the problems above are targeted for being pulled over. Many DUI arrests can result from this if you have been drinking.

4. Buy your own portable breathalyzer. Nowadays, technology is o enhanced their are even I-phone apps available that will help guide you on whether or not you are above the legal limit. Do not exclusively rely on these machines but it will help give you an idea of whether or not you should or should not be driving.

A woman working for the Volusian county school system was charged with DUI after she crashed her vehicle into a concrete wall near Lake Mary and not far from her home. Her nine year old son was in the car at the time who fortunately was not injured.

The woman allegedly had a .210 breath alcohol content (BAC) level. The legal limit in Florida is .08. If the reports are true, she blew over 2x the legal limit. For the time being, the woman is still employed with the school system pending the outcome of her case. In Florida, if a driver who is suspected of DUI and who is involved in an automobile crash, must submit to a blood alcohol test if requested.

The theory behind that law is if the suspect is injured in the crash, he or she may not be capable of blowing in the intoxilyzer. Breath results several hours after an accident may not and probably are not very accurate. Therefore, qualified "technicians" may take your blood if the officer feels alcohol may have been involved. Blood tests are normally more accurate anyway.

To learn more about this article, please visit School psychologist charged with DUI remains on the job.

Continue reading " School Psychologist Charged with DUI in Daytona Beach " »

Palm Bay Detectives are now using Skype technology in getting warrants for suspected DUI drivers. The length of time between a driver stopped or suspected of a DUI to when he or she actually submits to a breathalyzer or blood test can be quite a bit of time.

The longer the time in between the better chance the results will not be as accurate. Therefore, this new process will be interesting to see if it is deemed appropriate. The officers will email the warrant the judge from the scene. The officer then skypes in with the judge to formally swear to the warrant.

Skype is a technology where computer users can see and speak to one another at the same time using the computer's camera. Once the judge accepts the sworn affidavit for the warrant, he or she can sign it and the officer will then be able to conduct a blood test on a driver suspected of DUI.

Continue reading " Palm Bay Police Using Skype to Obtain Warrants in DUI cases " »

In Jacksonville you may be eligible to have your arrest record sealed or expunged if you meet certain criteria. Three of the criteria are as follows:

1) You were arrested but not convicted of the offense with which you were charged;
2)The State Attorney decided not to pursue your case to prosecution; and
3) You have not had a previous charge sealed or expunged in the state of Florida.

Although most offenses can be sealed or expunged there are several charges enumerated in the Florida Statutes (943.0585,943.059) that cannot be sealed or expunged. Getting your record sealed or expunged is imperative if you intend to have a successful career. Employers will often do background checks on potential employees. A simple name search on the clerk of court's website will turn up anything you have been charged with including traffic infractions.

Continue reading " Getting Criminal Records Sealed or Expunged in Jacksonville " »

When a driver is pulled over and suspected of DUI, an officer may ask the driver to submit to field sobriety tests. (FSTs) If you refuse these tests, the officer will claim there is probable cause to take you to the station to take a breath test on the Intoxilyzer.

If you decide to submit to these tests, and the officer finds clues showing alcohol impairment, then the officer will have probable cause to arrest you and take you to the station.

Officers are trained by various state agencies in conducting these FSTs. However, many times they fail to remember their training. Their are certain clues and signs they are supposed to be looking for during each FST. The most common examples of FSTs are the (1) portable breath test; (2) walk and turn; (3) horizontal gaze nystagmus (shine light in eye and watch for jerking); (4) and the one leg stand.

Continue reading " What are field sobriety tests? " »

This really kind of is the million dollar question. If you have had a lot to drink, it is probably not in your best interest to blow in the Intoxilyzer.

As attorneys, it is more difficult (but not impossible) to defeat Intoxilyzer results especially if the machine has been properly calibrated and maintained. Please keep me in mind there are penalties for refusing a breath test. An administative hearing will be held to determine whether or not your license will be suspended.

These hearings are quasi criminal in nature because the prosecutor does not have to prove every element beyond a reasonable doubt, but by the civil standard, "by a preponderance of the evidence." If you are charged with DUI or any other criminal offense, you should contact an experienced criminal law attorney.

Continue reading " If I am charged with DUI, should I blow at the station? " »

In the state of Florida, if a driver operating a motor vehicle with a commercial license is stopped and suspected of DUI, the thresholds and penalties are more severe than those without CDLs. If the driver refuses a breath test, it is an automatic suspension of the license for 1 year.

You will have a chance during the administrative license hearing to contest the suspension. However, if you are not able to convince the court that you had no reason to refuse the test your license will more than likely be suspended and you could very well lose your job.

If the CDL license holder takes the test and blows more than a .04, than his or her license will be suspended for 1 year. Second refusals or convictions will result in a permanent susension for a CDL.

Continue reading " Florida DUI Penalties for Those with CDL licenses " »

The short answer is possibly. The State must prove every element beyond a reasonable doubt and if the prosecutor feels the facts of the case are not favorable to the State, they may offer a reduced charge such as wreckless or careless driving. All this means is if the defendant agrees to plead guilty to wreckless driving, the State will not pursue the DUI charge.

Penalties are far less severe for a wreckless driving citation than a DUI conviction. If you are convicted of a DUI, you will probably have to pay fines, attend treatment classes, and could possibly face jail time. You should consult with an experienced criminal law attorney before going to court for a DUI charge or agreeing to any plea deal for traffic citations. There may be defenses available that you are not aware of, depending on the facts of your case.

Continue reading " If I am charged with a DUI, can it be reduced in Florida? " »

The suspect was reported to pull over because police were investigating a nearby crash. However, the suspect nearly ran over the deputy as he attempted to pull over.

When the deputy approached the suspect, he alleges he smelled alcohol on the suspect and noticed he was slurring his speech. He then offered field sobriety tests which suspect allegedly failed.

Portable breathalyzer results are not admissible as evidence in court, but the results (along with the suspect's behavior and other field sobriety exercises) are allowed to be used as probable cause to bring a suspect down to the station to take the official breathalyzer. An officer must have sufficient reasonable cause to arrest someone for any crime.

To learn more about this story, please visit, Man arrested for DUI after nearly hitting deputy.

Continue reading " Cape Coral Man Charged with DUI after Nearly hitting a Deputy " »

The state of Colorado is really looking to take a brash approach to illegal substances and DUI. The new law will allow officers and deputies to charge anyone suspected of DUI from an impaired substance if even the smallest traces of an illegal substance were found in a driver's system. Colorado officers are permitted to give blood tests to anyone suspected of DUI from an impaired substance.

If the law is passed, Colorado will only be one of three states to implement such a zero-tolerance policy. However, there is one small problem. Colorado allows residents to use marijuana for medicinal purposes. The law would allow these citizens to drive but only if they can do so unimpaired.

To learn more about this article, please visit Colorado Considering Marijuana DUI Law.

Continue reading " Colorado Taking No Tolerance Approach to Illegal Substance/DUI " »

Newly elected governor, Rick Scott, is shaking things up in the restoration of civil rights department. Scott, along with the clemency board, have enacted legislation that convicted felons will no longer have the right to automatic restoration of civil rights after their sentence is complete.

Felons who were convicted for nonviolent crimes will have to wait 5 additional years after their sentence is complete before having their civil rights restored. Felons convicted of violent crimes will have to wait an additional seven years and they will have to apply for a hearing with the clemency board.

Many are opposing Governor Scott's new law, but Scott and his staff are standing behind the change 100%.

To learn more about this article, please visit Scott, clemency board do away with automatic restoration of rights for felons.

Continue reading " New Civil Rights Restoration Rule for Felons " »

Former University of Florida star basketball player, Dan Werner, was arrested and charged with DUI this past weekend. Werner was pulled over in Gainesville around 12:30am and allegedly told police that he was driving because his girlfriend was intoxicated. He also allegedly admitted to drinking two whiskeys drinks.

In addition, the officer's report stated that Werner's eyes were glassy and bloodshot. Werner then agreed to take the breath test and blew a .065 and .070. The legal limit in Florida is .08. Officers will have you blow twice for machine accuracy purposes, however, if there is a large deviation between the two numbers (usually more than (.05)) then the results may be deemed inaccurate.

To learn more about this article, please visit Former Florida Gator basketball player Dan Werner charged with DUI.

Continue reading " Former UF Basketball Star Charged with DUI But Blew Under Legal Limit " »

Miami Beach police arrested a South Florida corrections officer for driving under the influence (DUI) and for leaving the scene of an accident this past Saturday.

Allegedly, the suspect hit a pick up vehicle and fled the scene around 8 a.m. Police located his vehicle shortly therafter, and offered field sobriety tests to the suspect.

He took the tests but ultimately failed. No reports of whether or not he blew in the Intoxilyzer at the station have been reported. By allegedly failing the field sobriety tests, this gave officers probable cause to arrest the suspect and take him downtown.

Again, the implied consent laws expressly state that anyone operating a motor vehicle in the state of Florida hereby gives implied consent, if required, to submit to chemical tests to determine blood alcohol content.

To learn more about this article, please visit Police: Officer charged with DUI.

Continue reading " Miami Correctional Officer Arrested for DUI, Leaving the Scene " »

In a recent post, we discussed how Miguel Cabrera, star baseball player for the Detroit Tigers, was charged with DUI in February. He refused his breath test, therefore, he has an administrative hearing this week to determine if his driver's license should be suspended.

Arresting officers will have to prove that they had probable cause to arrest Cabrera on DUI related charges, that the implied consent laws were read and understood by Cabrera but he refused the test anyway.

When someone operates a motor vehicle in the state of Florida, they are deemed to have given their consent to taking a breath test if requested by law enforcement. Florida statutes codify this law. Suspects charged with DUI and who refuse the breath test may be able to get a temporary permit until the administrative hearing concludes. To learn more about this article, please visit, Around the horn: Miguel Cabrera could lose driving privileges.

Continue reading " Cabrera Looking at 1 year license suspension pending outcome of Administrative Hearing " »

A 22 year old University of Florida baseball player was recently arrested for driving under the influence. He was pulled over because he was swerving and making wide turns. In addition, the officer's report noted that the suspect's eyes were "bloodshot" and "glassy." Furthermore, the suspect player refused the breathalyzer.

He has been suspended from the team indefinetly for the time being. Although it does not bode well for the University, the player has not been convicted of anything yet. He is innocent until proven guilty beyond a reasonable doubt on each element of the crime.

To learn more, please visit Florida baseball player Bryson Smith charged with DUI.

Continue reading " UF Baseball Player Charged with DUI " »

A Flagler deputy was recently charged with DUI dating back to a crash that occurred in December 2010. The officer is charged with driving under the influence with property damage and careless driving. It is unclear the basis for which he is being charged with DUI.

No blood or breath test results have been released. In addition, it has not been determined whether or not the officer was on duty when the crash occurred. The officer has been placed on administrative leave for the time being.

To learn more about this article, please visit Flagler deputy charged in DUI crash.

Marc Garza, a former Sergeant with the Jacksonville Sheriff's Office, pleaded no contest to a charge of aggravated assault for his part in the beating of a handcuffed suspect. The former JSO Sgt. was sentenced to 9 months in jail which he will serve in the St. Johns County Jail. Upon his release he will be required to complete 100 hours of community service and remain on probation for two years. Jail officials state that he will serve his time isolated from the general population.

This is the second criminal offense for which Garza has been found guilty. On January 25, 2011 a jury convicted Garza of misconduct and falsifying a report of a burglary. Garza was sentenced to 9 months for those crimes and will serve them concurrently with his sentence in the assault case.

Apparently Garza told Officer David Cervone to write a false report about a burglary to illegally enter a suspected drug house without a search warrant by removing a window air conditioner. No drugs were found inside the house. Cervone made a deal with prosecutors to testify against Garza. Several other officers testified against Garza at the trial.

Continue reading " Former JSO Sergeant Pleads No Contest In Second Criminal Case " »

The Detroit Tigers home for spring training is in Lakeland, Florida. On February 16, 2011, star first basemen Miguel Cabrera was arrested in Lakeland for driving under the influence (DUI) and two counts of resisting arrest without violence.

More reports and details have been released since the incident. Allegedly, Cabrera made death threats to a restaurant patron just before being arrested. It is still unclear as to why he made such threats, but it has been reported that such threats were made. Cabrera nor Cabrera's attorney has made comment on the recent reports. If you have been charged with DUI, you should contact an experienced criminal defense attorney to ensure your rights are being respected.

To learn more about this article, please visit Miguel Cabrera Reportedly Threatened To 'Kill All Of You' In Florida Restaurant Before DUI Arrest.

Continue reading " Detroit Tiger's Star Cabrera Charged with DUI " »

Florida adopted the Romeo and Juliet law and the purpose of the law is to allow an opportunity for the registered sex offenders to get off the sex offender list if they fit the proper criteria. The criteria is limited to those that may have been involved in a sexual relationship with someone four years their junior. The name of the law came from instances of teenagers engaging in such relationships with one being older than the other, the parents finding out and deciding to press charges for sexual battery with a minor.

Sometimes those that are registered as sex offenders in Florida have difficulty finding employment and establishing a residence. The idea for that is not punish those that engaged in a consensual sexual relationship with someone when they were a senior and 18 years old and their girlfriend/boyfriend was a junior and 16 years of age. So, the state decided to put these provisions forward to assist in having the proper outcome for the situation and not making a victim of both of the parties.

If you are on the Florida sex offender list and can establish that you were placed on the list for circumstances met in the Romeo and Juliet Statute, then you should speak with an experienced lawyer about your rights and options.

Patrol trooper Ronald Evans Jr. won the Hurd-Smith award for most DUI arrests with 238. This is the second year in a row a Pasco County officer has won the award.

Trooper Evans works out of the Land O' Lakes area. Hillsborough County had more DUI convictions in 2010 than any other county in the state, approximately 4,000.

The award is named after two fallen officers who were killed by drunk drivers in the line of duty. 10 troopers were honored and recognized altogether but Evans claimed the Hurd-Smith award.

To learn more about this article, please visit Pasco trooper wins award for making most DUI arrests in Florida.