Jacksonville Criminal Defense Attorney Blog

The Alabama state Senate is on break this week but when they return they are expected to devise legislation that would require repeat and first time convicted DUI offenders who blew .15 or more to install interlock ignition devices.

Florida and nine other states already have already passed and began enforcing this exact law. Alabama is the only state in the country that does not have some form of law in place where interlock ignition devices must be installed on vehicles owned by DUI offenders. Critics believe this type of enforcement would bode well for the state and better protect the public against drunk drivers.

To learn more about this issue, please visit Alabama needs ignition interlock law to reduce DUIs.

Continue reading " Alabama and DUI Enforcement Through Interlock Ignition Devices " »

Former University of Florida football standout, Louis Murphy, was recently arrested in Gainesville, FL on three misdemeanor charged. Murphy is now with the Oakland Raiders and is the third Raider to be arrested this offseason. Murphy way allegedly playing his music too loud near a city park and was pulled over.

He then refused to be arrested and gave the officers a hard time. Police ran a search of the vehicle and found Viagra pills but no prescription.

Murphy has been charged with possession of a drug without a valid prescription, failure to obey a police officer and resisting arrest. To learn more about this article, please visit Raiders WR Louis Murphy Arrested On Three Misdemeanors.

Continue reading " Former UF Star Arrested for Three Misdemeanors " »

A U.S. man was denied access after a Canadian border official discovered he had DUI arrests in his past. The last arrest occurred nearly 14 years ago but nevertheless, he has had three thus far.

The man was driving his son who was to report for military duty until he was stopped by Canadian officials. The trip was long and exhausting and the two had just began. The man was shocked and began crying in embarassment.

Over the last few years, Canada has been well known for denying foreigners entry into the country for past criminal offenses. The offenses can include anything from misdemeanors to violent felonies. Even one dui arrest could have caused the man from being allowed into the country. There is a way to gain access into the country if you have been denied or think you will be denied because of your past. Foreign visitors can obtain access by waiver. Noone is guaranteed access by waiver but in any event, it is worth a shot.

To learn more about this article, please visit, Denied entry: Canada turns away American DUI offenders.

Continue reading " Canadian Officials deny US Citizen Access into Country for Past DUIs " »

In a recent post, it was mentioned that Major League Baseball is considering adding a provision in the new CBA (the old CBA expires on December 11, 2011) that will address penalties for players who are charged with DUI. The National Basketball Association (NBA) and the National Football League (NFL) have already addressed this issue and players may be punished if they just charged with a DUI.

It does not matter whether or not they are convicted. Just this week, the MLB Players Union has anounced that it will also cooperate with MLB in setting up a policy that punishes sets to to deter players from drinking and driving. It will be interesting to see how harsh MLB comes down on players because the steroid violations have certainly been questionable and debated.

Continue reading " DUI Clause in the New MLB CBA Most Likely " »

The U.S Department of Justice has announced that it will allow prosecutors to file criminal charges against Edwards for allegedly using campaign contributions to cover up his affair with campaign video producer Rielle Hunter during his 2008 run for president. Rielle Hunter became pregnant by Edwards and gave birth to a child whom the former senator denied fathering until 2010 when he finally admitted it.

A federal grand jury in North Carolina conducted an investigation into payments made from the former senator’s campaign and supporters to his mistress Rielle Hunter. Former Edwards aide Andrew Young provided information regarding the cover-up in his recent book “The Politician”. He has stated that he did not know how all of the money was used but did say a portion of it was used to buy flights and pay rent for Hunter. Young also claimed that he pretended to be the father of the child until Edwards finally took responsibility.

Continue reading " Justice Department Authorizes Prosecution of John Edwards for Alleged Campaign Finance Violations " »

An 18 year old student from the University of West Florida was arrested for DUI this past weekend. He reportedly fell asleep at the wheel on the Palm Valley Bridge around 1:30 Friday morning. When police approached his vehicle, there was vomit all over the driver's side door . The father of the suspect appeared at the scene when the GPS on the vehicle had not moved for over an hour.

Deputies had to deliver the bad news to the teen's father. The teen refused sobriety tests but alleges that he threw the keys out the window because he did not want to drive drunk. However, the officer states as he approached the vehicle he had to put the car in park and he took the keys from the suspect.

In Florida, a suspect can be charged with DUI even if the car was not moving at the time the vehicle was stopped.

To learn more about this article, please visit http://staugustine.com/news/police/2011-05-14/police-report-may-13-2011.

Continue reading " 18 Year Old Arrested for DUI in PVB while Sleeping at the Wheel " »

A Gainesville teen admitted to drinking and driving prior to a fatal crash here in St. John's county. Judge Berger of the St. John's Circuit court will announce his sentencing on August 5, 2011. The man could be sentenced up to 12 years in prison and probation thereafter.

Jail time is almost certain. Reportedly, he admitted to DUI causing serious bodily injury and DUI death. Allegedly, the man had a BAC level of .212. It is unclear whether he took the breath test or these results are from a blood test.

If someone is suspected of DUI and there is an accident, Florida law permits law enforcement to take a blood test even if it is against the suspect's will. To learn more about this article, please visit Man pleads in DUI death, maiming.

Continue reading " Gainesville Minor Pleads Guilty to DUI Death " »

A Tampa teen has been recently charged with DUI Manslaughter, in addition to other charges related charges for a crash that occurred in November 2010. She allegedly ran two stop signs before crashing into a vehicle that contained four passengers and one driver.

The driver of the vehicle was killed and three passengers suffered injuries. The suspect's blood alcohol level was reported to be .74, however, her blood was taken nearly six hours after the crash. The legal limit in Florida is .08. The state may have a problem showing that her blood alcohol level at the time of the breath/blood test was indicative of her BAC levels at the time of the crash.

DUI Manslaughter is a felony, it can carry significant jail time, and it can often be difficult to shed the emotional attachment jurors may have towards victims.

To learn more about this article, please visit Central Tampa Teen Charged with DUI Manslaughter.

Continue reading " Tampa Teen Charged with DUI Manslaughter for November Accident " »

Several Major League Baseball Players have been in the news lately, for the wrong reason. Players are being arrested for driving under the influence (DUI) and MLB is considering addressing this issue in the new Collective Bargaining Agreement (CBA).

The League is going to want permission to discipline players for off the field conduct such as DUI arrests. Currently, there is no authority in th CBA that gives the League this type of discretion. Each team or franchise has the option to discipline players, but the League as a whole does not have the power just yet.

The National Basketball Association (NBA) and the National Football Association already have these types of clauses in their CBAs. Both leagues are very harsh on players arrested for drug or alcohol abuse.

To learn more about this article, please visit Baseball to Seek Off-Field DUI Discipline Option in Labor Negotiations.

Recently in Hudson, Florida, local police were forced into hot pursuit of a young woman who was stopped for DUI. The rookie, deputy officer ordered the suspect out of the vehicle and proceeded to handcuff her.

After being handcuffed, the suspect somehow escaped the deputies custody and got back in her vehicle and drove off. Police chased her over two different counties.

As the suspect sped through a particular intersection, she struck and killed a 66 year old man who was riding through the intersection on his motorcycle. The deputy and the suspect suffered minor injuries. The Pasco County Sheriff's office is investigating how the suspect escaped the deputies custody and was able to drive while being handcuffed.

To learn more about this article, please visit, Fla. chase injures deputy, kills motorcyclist, before pickup driver is captured.

Continue reading " Wild Florida Pursuit Leaves Injured Deputy and One Dead " »

DUIs can be given for those operating a bicycle. The Florida Bicycle Association (FBA) acknowledges that Florida law recognizes bicycles as motor vehicles for basically all purposes of the law, including DUI. Therefore, it is possible for someone who has a blood alcohol level of .08 or more being charged with a DUI while operating a bicycle.

Unfortunately, many people are not aware that this is possible. However, ignorance of the law is no excuse in the eyes of the courts. Just to be safe, it is probably in everyone's best interest not to operate any type of equipment after drinking.

If there is a doubt whether or not you are over the legal limit, play it safe and catch a cab or call a friend for a ride. The same caution should be taken if you have taken a strong form of medication.

To learn more about this article, please visit Basic Florida bicycle rules you should know when making the switch from car to bicycle.

Jury selection began this past week in the murder trial of Casey Anthony, a Florida mother who is accused of killing her young daughter. Jury selection is expected to take several days as attorneys for both the prosecution and defense conduct voir dire of the potential jurors. Voir dire is the process of interviewing potential jurors to discover any potential biases they may have that could prevent them from rendering a fair decision in a trial.

Under certain circumstances potential jurors can be stricken for cause. Both the prosecution and defense are also entitled to strike jurors that they do not think are helpful for their side of the case. There are a lot of questions the attorneys will ask potential jurors to make this determination. Once you have used up your number of strikes you can no longer strike any potential jurors unless it is for cause. The attorneys can also challenge the opposing attorney's strike if they think the strike was made based on prejudice (ie. trying to enpanel a jury based on race).

Continue reading " Jury Selection Underway In Casey Anthony Murder Trial " »

A south Florida attorney is suing a Miami night club for a night that cost the attorney over $19,000 in drinks and other expenses. The attorney claims he was being served drinks well after he had become intoxicated and incoherent.

He claims he was incapable of entering into a contract for more drinks because he was so inhiberated. We make contracts in our everyday lives whether we realize it or not. When you agree to make a retail purchase, you are essentially entering into a contract. Some contracts do not have to be in writing to become enforceable. However, in order to enter into a valid contract, both parties must be of sound mind.

Those that are incapacitated for any reason may have a valid defense against having to perform the obligations allegedlly rendered under the agreement. The attorney is wanting a full refund plus costs and expenses.

To learn more about this article, please visit DUI lawyer sues strip club after he gets drunk and spends $19k in ONE night.

Continue reading " DUI Lawyer Suing Night Club " »

An Albany man who was being jailed in Tallahassee, Florida, reportedly committed suicide in his jail cell. He was reported to be hanging from his bed sheet in his cell and discovered during a routine morning check.

The man was in jail for drug and driving under the influence (DUI charges). The jail may have some questions to answer. For example, when was the last time the prisoner was checked up on? Could the warden or deputies have foreseen something like this? If so, could they have prevented this?

Did the prisoner show signs of mental instability? This is a tragic situation and answers need to be given.

To learn more about this article, please visit, Albany man dies in Florida jail.

Continue reading " Man Kills Himself in Florida Jail " »

In a recent post, we mentioned how an Apopka woman was being invetsigated for DUI and the death of her 14 year old daughter. The suspect allegedly ran off the road and hit a tree which then overturned her car. The suspect had four of her children in the vehicle at the time of the accident.

Three childen walked away from the crash with only minor scrathes, however, the 14 year old daughter suffered fatal wounds.

Now, reports are indicating that the suspect had a blood alcohol level of .244 at the time of the crash. This is very important if this is true.

If blood was taken several hours after the crash, there would be a stronger possibility that the results would not be indicative of her blood alcohol level at the time of the crash.

Continue reading " Mom Arrested fo DUI Manslaughter on Her Daughter " »

An Escambia County Principal of a soon to be consolidated elementary school was charged with DUI on April 9, 2011. She recently pled no contest to the charge and is now completing court sanctions. Whether or not she will be retained by the Escambia County School District is still undetermined.

Her license has been suspended for 12 months, she was put on probation, she will have to attend multiple DUI classes, she has fines and costs to pay, 50 hours of community service, and she has to install an interlock ignition device on her vehicle. She blew a .174 in the breath machine and the legal limit in Florida is .08. A trailing vehicle called in and communicated that he believed he was behind someone who was intoxicated and described the vehicle to police operator.

To learn more about this case, please visitEscambia principal pleads no contest to DUI.

Continue reading " Escambia County Principal in trouble for DUI " »

An Orlando woman is being investigated for a fatal crash that occurred over Easter weekend around 5pm. She was traveling with her four children when the vehicle overturned into a ditch.

This was a single car accident and reports are unclear as to why the accident occurred.The crash killed the suspect's 14 year old daughter. Now, the mother is being investigated for DUI either by alcohol or drugs.

A blood test was taken shortly after the accident and results are pending. Blood tests are permitted in the event a crash occurred where there was property damage or bodily injury. The three children that survived the crash are now in stat'es custody.

To learn more about this article, please visit FHP: Mom Under Suspicion Of DUI In Crash That Killed Daughter.

Continue reading " Orlando Woman Suspected of DUI Crash that Killed her Daughter " »

That depends on several factors. Was it your first offense? Was there any property damage or bodily injury as a result of you being intoxicated? Being convicted of a DUI can be astronomically expensive on so many levels. Here are a few examples.

First, can you afford to lose your driver's license for a period of six months or more? Do you have the $1,000.00 in fines and court fees to satisfy a DUI conviction?

Do you have bailbond money or collateral available to bail you out of jail? Do you have money to pay for a private attorney's fees and costs?

If the charge is for felony DUI and you are convicted, you do understand you will have to list that on future job applications (if asked) and you will most likely lose civil right privileges?

Needless to say, DUI convictions can be very expensive. Make sure your rights are being represented at full capcity.

Continue reading " How much will a Florida DUI cost me? " »

Florida Statute 322.27 discusses when the department can revoke or suspend a driver's license. If you are labeled a habitual offender in Florida the department may revoke your license. Florida Statute 322.264 defines the circumstances in which a driver may be labeled a habitual offender.

The statute outlines the offenses which will get you labeled as a habitual offender and the time frame in which you can have those convictions. If you fall within this definition your license will be revoked for being a habitual offender. Any person whose license is revoked may, by petition to the department, show cause why his or her license should not be revoked. Florida Statute 322.271 explains how soon after receiving a habitual offender suspension a driver can request a hearing to get a hardship license.

It is important if you have been charged with a traffic offense that you handle it immediately. Whether that means taking a driver's education course, hiring an attorney, or paying the fine, letting it linger without some sort of disposition is the easiest way I see most Florida drivers get a habitual offender's suspension.

Continue reading " What Is The Florida Habitual Offender Law? " »

In a recent post, we mentioned how officers in Palm Beach have implemented a system where officers skype in to judges in order to obtain search warrants in suspected DUI cases in order to take the suspect's blood.

On Tuesday, the 5th District Court of Appeals for the state of Florida will rule on the merits of something very similar. They will decide whether it is constitutional for officers to forcibly draw blood on DUI suspects who have refused breath tests where no serious injury or property damage has occurred.

It has been deemed constitutional for officers to draw blood where bodily injury or property damage has occurred through some sort of accident, but expanding this right further may be a stretch. If deemed constitutional and not an invasion of privacy rights, officers in central Florida would be permitted to forcibly draw blood on DUI suspects if they refuse breath tests.

To learn more about this article, please visit Attorney: Forcibly drawing blood in suspected DUI cases a violation, illegal.

Continue reading " Florida's 5th DCA Setting Precedence for Future DUI Cases " »

Recently, a Lee county woman was arrested for DUI when she was on her way to work. She drives a school bus for a living, but was stopped on her way to work because she was allegedly swerving all over the street.

In addition, the suspect allegedly had bloodshot eyes and failed the breath test twice. She allegedly blew a .252 and a .245. Furthermore, the suspect is alleged to have failed multiple field sobriety tests before she failed the breath tests.

An off duty sheriff noticed the suspect swerving and decided to pull her over. This happened closer to lunch time as she was set to drive the school bus that afternoon.

To learn more about this article, please visit Cops: School Bus Driver Charged With DUI While Heading to Work.

Continue reading " Florida School Bus Driver Charged with DUI " »

Those who operate motor vehicles throughout the state of Florida give implied consent to test for chemical substances. However, the implied consent law must be read to a DUI suspect before he or she submits to it. In addition, the suspect must sign the form indicating that they u nderstand the impled consent law.

If a suspect refuses to sign, then he or she will be deemed to have refused the breath test. A recent south Florida case is pending in the Florida Supreme Court pertaining to this issue. The suspect was arrested for DUI. The officer allegedly read the implied consent laws to the suspect but the suspect thought he had to consent to a blood test in addition to the breath test. Therefore, he did not sign the implied consent law form,. He agreed he would comply to the breath test but is scared of needles and wanted to refuse the blood test.

The issue is whether or not this should count as a refusal and if his case should be dismissed. At this point in time, officers cannot make a DUI suspect take a blood test unless there has been an accident involving property damage or bodily injury.

Continue reading " What is the Florida Implied Consent law? " »

Florida Statute 776.012 governs the justifiable use of force in Florida. Under the statute, a person is justified in using force (not deadly force) to the extent that the person reasonably believes that they must do so to defend himself, herself, or another against the other's imminent use of unlawful force.

Deadly force is justified if the person using it reasonably believes that it is necessary to prevent great bodily harm or death to himself, herself, or another or to prevent the imminent commission of a forcible felony.

The key words in these definitions is reasonably. It is not reasonable to shoot someone who threatens you or even physically touches you. However, if that person threatens you with a gun or deadly weapon, you may be entitled to you equal force. The circumstances will dictate the action permissible. In a fight situation, if you reasonably believe you need to defend yourself, you may act to do so. Keep in mind that this does not entitle you to initiate physical contact with someone for insulting you but possibly for someone who approaches you with the apparent intent and ability to cause you physical harm.

Continue reading " Self Defense In Florida " »