Jacksonville Criminal Defense Attorney Blog

The 4th of July weekend is normally a very busy time for law enforcement officers. This is especially true and obvious with the high volume of driving under the influence arrests.

Just because there are more frequent arrests, does not necessarilymean the charges are valid and that all procedures were followed. You have certain rights before and after you are arrested for driving under the influence. The legal limit in Florida is .08 for those over 21 years of age. If you submitted to field sobriety tests, officers are suppose to follow state training in conducting and evaluating these tests.

The breath test machine must be calibrated properly in order for the results to be admissible and reliable. You have rights and you need to contact an experienced attorney if you have been arrested for driving under the influence.

Continue reading "Holiday Weekend and DUIs" »

A 22 year old man was recently awarded over $15 million by a jury verdict. Allegedly, the defendant was driving under the influence and had a reported BAC of .21. The victim sustained severe head trauma.

However, there was an issue at trial as to whether some of the trauma was attributed to a preexisting condition. The award consisted of future wage loss, pain and suffering, past and future medical care. The burden of proof in a civil case is a lower standard than a criminal case. In a civil case, the burden of proof is by a "preponderance of the evidence" as opposed to "beyond a reasonable doubt."

What does "preponderance of the evidence" mean? It simply means more likely than not. The jury should be about 51% sure that the defendant is liable for whatever the plaintiff is alleging.

To learn more about this article, please visit Brain Damaged DUI Victim Awarded $15.4 Million Verdict in Florida Supreme Court Case - Leesfield & Partners, P.A.

Continue reading "DUI Victim Awarded over $15 million" »

Apple has recently come out and stated that it will be banning DUI checkpoint applications for ios devices. Over the last few months, Apple has been pondering whether or not it should release such an application to the general public and risk bringing on unwanted controversy.

Fellow competitors, Google and RIM have not indicated their intent to remove such applications. It may take government involvement to determine whether or not these applications should be permitted for sale to the general public.

What does the application allow a user to do? It allows the end user to scope out DUI checkpoints that ARE NOT normally posted for notice purposes and avoid driving down that particular route. Most states have laws that govern checkpoints and the proper notice that must be given to the public of when and where a checkpoint will take place.

To learn more about this article, please visit Apple bans DUI checkpoint apps on iOS devices.

Continue reading "Apple says No to DUI Checkpoint App " »

The famous rapper, Flo Rida, was recently arrested in Miami, Florida, for DUI and driving with a suspended license. He allegedly blew a .185 (twice the legal limit). The officer states he stopped Flo Rida because he was swerving in and out of his lane.

Once Flo Rida stepped out of the vehicle, he was asked to perform a series of field sobriety tests. During the middle of one of the tests, he allegedly told the officer that he could not finish the test and asked if he could start over.

He then admitted to having a few drinks and was shortly thereafter arrested for DUI.

To learn more about this article, please visit Flo Rida Arrested for DUI in Florida.

Continue reading "Flo Rida Arrested on DUI and Driving While License Suspended Charges" »

An important trial is nearing the end in the central Florida region. The case will determine whether or not breath tests will be admissible in future DUI cases. Currently, the machines are the strongest form of evidence available to prosecute DUI cases.

Other evidence used to prosecute DUI offenders include police reports, law enforcement officer testimony, and lately expert witness testimony. In fact, in the Sarasota region, courts have mandated that if a prosecutor is going to introduce Intoxilyzer 8000 (breath test) results then expert witnesses must be used to verify the machines accuracy and results. Each time an expert witness is flown in, it costs close to a $1,000.00. Defense attorneys are in full support of prohibiting breath test results from being admitted into evidence. Research shows and there are several scientific studies available that indicate there are valid concerns with the accuracy of Intoxilyzer 8000 results.

To learn more about this article, please visit DUI trial could determine fate of breath-test machines.

Continue reading "Important Florida Case Regarding the Future of Breath Tests" »

Recently, there was a terrible six car pile up in central Florida. The man that caused the crash admitted to texting while driving and also to taking prescription medication before getting behind the wheel.

Amazingly, the crash did not seriously injure anyone from what investigators could tell at that time. However, a woman (involved in the accident) suffered a collapsed lung and died just days after the accident. Investigators believe her suddent death will be attributed to the accident. An autopsy report is scheduled to be released sometime this week.

Because there were not serious injuries at the time of the crash, officers were prohibited from taking the suspect's blood for DUI purposes. However, it has been reported by multiple officers on the scene that the suspect was "messed up" and "incoherent." Officers failed to give the suspect a breath test either, but really had no indication that he was under the influence of alcohol, just prescription drugs.

Continue reading "Woman Dies Days After a Six Car Pile Up" »

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" »

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" »

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" »

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.

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? " »

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" »

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? " »