Archive for the ‘Florida DUI Arrests’ Category
Wednesday, March 14th, 2012
“Innocent until proven guilty” is a phrase many of us have heard through the years. We have all seen it on various criminal justice shows and can empathize with the law to a certain extent. Then something happens to you. You get arrested for a DUI-related offense. It is no secret that any arrest can be humiliating and potentially detrimental to anyone’s reputation. To make matters worse, you could be in danger of disciplinary action from your employer if you have been arrested for a DUI-related charge. You might even face termination with your current employer as a result. We all know that you want your matter handled as quickly and discretely as possible. However, the information regarding your arrest gets out and you are forced to pick up the pieces of a situation you never wanted to be in.
One day, during your morning newspaper-and-coffee session, you come across your name under the “legal” section of the classified ads. Seemingly, the law has done the unthinkable and “jumped the gun,” as the famous saying goes. It seems as though prosecutors are taking a different approach away from the principle of “innocent until proven guilty” and publishing the names of those who were arrested for DUI-related offenses. “Counting their eggs before they hatch,” as seen by the recent press conference of Tarrant County’s DA Joe Shannon and ADA Richard Alpert, who announced that a new policy would be instituted where names of those who were arrested for DUI related offenses would be published on their website as what has been called a “shame tactic.” It has been discovered that a similar idea was used in Orange County, CA, but was later abandoned because of the unease about publishing the names of those who had not yet been convicted of a DUI-related offense. There is a possibility that the record of your arrest may be expunged, if you have been arrested and not convicted of a DUI-related offense. When your arrest becomes expunged, it is removed from the public record, and no longer available to the general population. This may prove to be important when a future employer or apartment manager searches for public records under your name.
We, at Musca Law, understand the importance of your character and the effects a DUI-related charge may have on your personal and professional life. That is why we will do what it takes to handle your case as proficiently and privately as possible. We will prepare a solid defense that may reduce the possibility of an ensuing DUI conviction, on your behalf. We will be nothing short of persistent in the pursuit of a dismissal or an acquittal of your case and will work equally as hard to retain a favorable plea agreement where your charges may be reduced when an acquittal is not foreseeable.
We understand that this may be a difficult time in your life and want to help you. From advising you on the best course of action to saving your reputation, we will be there. If you find yourself in a situation where you have been arrested for a DUI-related offense in the state of Florida, call us. An experienced Florida DUI attorney will work diligently to keep your best interests intact.
Tags: Florida DUI Attorney
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Wednesday, November 16th, 2011
People often have very judgmental attitudes towards drivers arrested and/or convicted for driving under the influence (DUI). The negative sentiments directed at those who are arrested for DUI often presume that only irresponsible or bad people are arrested for driving under the influence of alcohol or drugs. In reality, people from all walks of life make this mistake including millionaire professional athletes and entertainers, sheriff’s deputies, politicians – and former MADD presidents.
In an incident that must be equally embarrassing and ironic, the former president of the Gainesville, FL Chapter of MADD was recently arrested for DUI. Debra Oberlin was stopped when she was observed swerving and crossing back and forth into other lanes. She reportedly failed Field Sobriety Tests (FSTs) and was arrested. When chemical testing was subsequently conducted, Oberlin blew a .234 and .239 on breath alcohol tests, which is almost three times the legal limit of .08 percent. The police report also indicated that her eyes were bloodshot, watery and dilated and that she also smelled of alcohol.
Our experienced Florida DUI lawyers know that many good law abiding people make mistakes and find themselves facing the potentially life-altering consequences of a DUI conviction. This may include loss of your freedom, your job and future employment opportunities. We will diligently defend you so that one careless mistake does not permanently impact your future. As Oberlin’s DUI arrest reveals, even the staunchest opponent of drinking and driving can find themselves on the wrong side of a DUI charge. For example, sheriff’s deputies who frequently are summoned to the scene of drunk driving accidents and observe the carnage first hand sometimes find themselves arrested and charged for drunk driving.
Many people do not seek out an experienced Florida DUI defense attorney because they feel guilt or embarrassment. Some people feel that they “deserve” the punishment that may come from a DUI conviction. This feeling is often based on the vague sense that only “bad people” are arrested for DUI. Almost 11,000 people per year from all walks of life are arrested for DUI in Florida. If you are arrested for DUI, you may have made a regrettable mistake, but it does not mean that you should suffer the full brunt of the criminal penalties that may be imposed. Our experienced Florida DUI defense attorneys will help you minimize the impact of what can be a life-changing mistake. We will diligently represent your best interest to keep you out of jail and to protect your driving privileges.
Tags: Florida DUI Lawyer
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Monday, July 4th, 2011
Holidays are a time for celebration, fellowship, and much needed family time for many. From grilling out, to visiting family, travel can be expected from all on such holiday weekends. However, DUI arrests should also be kept in mind. Typically during the summer holidays, DUI patrols, roadblocks, and arrests are ramped up to help secure the safety of all motor vehicle drivers and passengers everywhere.
When passing through a sobriety checkpoint, also known as a DUI roadblock, one can be expected to present proof of license, and insurance as well going through the routine question of “Have you consumed any alcohol this evening?” and if your answer is not to the officers satisfaction, prepare to be screen for impairment. Many citations occur from these roadblocks, or checkpoints, usually for driving without insurance, defective vehicle equipment, and expired driver licenses, which usually bring home the money to many law enforcement entities. Recently, a Supreme Court ruling has stated that all police agencies are to run all operations of stopping motorists by strict, professional guidelines. Checkpoint location decisions are usually made by supervisors, which include, but are not limited to, which car to stop, let proceed, and search. However, profiling of a vehicle by officers is strictly prohibited based on the vehicle’s appearance. The sites of roadblocks, or checkpoints, should be strictly selected on two very important variables: one, if the areas has a high, well-known past of DUI history in the area, and particular public policy needs or reasons. Signs and lights should clearly mark the complete area of the checkpoint, or site of investigation, to slow, and alert motorists approaching it. Also, priority must also be known to alert the public of the checkpoint. Usually an alert system is usually set on the internet, played on radios, or can occasionally be announced on television.
Although Independence Day, July the 4th, is soon upon us, other holidays also pose a potential threat to drivers and pedestrians alike. In Florida, a DUI charge was placed upon a man on Father’s Day with the presence of a child in the same car as the intoxicated father, which reports state, had been stopping and swerving randomly on to the shoulder and accompanying lane or the highway. The toddler was said to have no injuries and be completely unharmed during the whole episode. Inevitably, whether it is day or night, weekday or weekend, or holiday or none, drinking and driving will always unfortunately be intertwined. Our state, and neighbors rely on us to make the responsible, mature decision to not let drinking and driving slide by.
Call our 24/7 Florida DUI helpline toll free at (800) 687-2252 to speak with a Florida DUI attorney in your area to discuss the facts of your DUI case and find an office location near you in order to schedule an in office meeting. It is vital that you fully understand and weigh the legal options available to you in order to protect your legal rights at both your DUI administrative hearing and criminal proceeding.
Tags: 1st Time DUI Florida, 4th of july dui arrests, dui charges in florida, Florida DUI attorneys
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Friday, July 1st, 2011
Many people arrested for DUI in Florida have no idea that their choices and demeanor constitute the first line of defense following a DUI arrest in Miami. The majority of people stopped for DUI tend to react in a way that ultimately undermines certain aspects of one’s DUI defense in a Miami-Dade County courtroom. While it is certainly understandable to react emotionally if you are arrested for DUI, displaying that emotion in the form of an angry tirade, incessant jabbering at the officer or whining and pleading is generally counter-productive. Typically, there will be video footage of the stop and interaction with the police officer.
If anyone has ever seen video footage on television where officers are beating on a suspect, you know that those images invoke an intense response at a gut level. Even when the footage has no sound and the surrounding circumstances are unclear, it is hard to disregard those negative images. Now take this same concept and imagine video footage of you melting down and berating the police officer or rambling incoherently as you struggle not to slur your speech. This kind of evidence is very persuasive both to prosecutors who will decide whether to reduce you charges to wet reckless so that you avoid a DUI conviction and to a jury if your case goes to trial.
The appropriate response during a DUI stop is to answer questions with short concise answers, such as “yes sir” and “no sir”. If you are absolutely positive that you are able to speak without slurring your words, it may be appropriate to provide a slightly more expansive answer. However, you must be absolutely sure that you can talk coherently and without slurring your words. This is often difficult to judge as anyone knows who has been confronted the morning following a night of partying with a “I did what?” moment. If you decide you can speak coherently and without slurring, you still must be very careful not to volunteer information like the following:
- I had a couple drinks.
- I only had one or two.
- I am coming from the bar.
- I promise I never usually drink and drive
- I am drunk.
While it may seem ridiculous to advise not making such obvious damaging statements, they are far more commonplace in police reports than you might imagine. Polite and concise answers to non-incriminating questions have a couple of advantages. First, the more articulate and coherent that you seem the less likely it is that an observer (including the police officer) would conclude you are impaired by alcohol. While it is virtually impossible to talk your way out of a Florida DUI arrest, your are creating a video record that you were coherent, rational and polite.
The second reason is to create video footage that effectively is like a movie with you and the officer as actors. The audience whether it is a prosecutor or jury will be looking to identify the “hero” and the “villain”. If you are polite and respectful even in the face of abusive or nasty treatment by the officer, the reaction of a jury may be that the officer is the villain. Remember the impact of video affects people at a visceral level so it is very important to look like the hero in that video.
Our Florida DUI attorneys frequently use video footage in negotiations with the prosecutor. The prosecutor has invariably reviewed the footage. If your blood alcohol level in a breath test is close to the legal limit, the prosecutor’s perception of you in the video will often dictate whether you have your charges reduced to wet reckless and avoid a DUI conviction. A jury will also view you in a far more positive light and may be persuaded that you did not act intoxicated, which may reduce the impact of evidence from officer observations of your behavior. Because field sobriety testing is notoriously unreliable and there are many ways that breath testing can be challenged, the jury may find evidence that you do not sound or act irrational or intoxicated persuasive.
Our experienced Florida DUI lawyers represent clients in Miami and throughout Florida. Our DUI defense attorneys carefully investigate all aspects of our client’s arrest and DUI investigation so that we can develop the most effective DUI defense strategy. We offer a free initial confidential consultation to allow us to assess your rights and options so call us today.
Tags: DUI in Florida, Florida DUI Arrest, Florida DUI Lawyers
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Monday, May 30th, 2011
Do you think that police officer’s are always reasonably fair and objective in their decisions to arrest someone for DUI? If so, a recent case may give you a reason to re-evaluate that opinion. A man was arrested by a police officer in Santa Rosa County for driving while he was sober – that’s right he was arrested even though his blood alcohol concentration BAC was .03 percent.
The driver was a successful businessman who had previously been awarded the silver and bronze stars for military service during the Vietnam War. This case is a classic example of why you should never cooperate with a DUI investigation when stopped by the police. The officer in this case had pre-determined that he was going to make a DUI arrest regardless of the evidence. Because the driver KNEW he was not intoxicated, he cooperated only to be arrested for DUI anyway.
The driver was stopped in error based on a 911 call reporting that a similar car was veering in its lane. In other words, the initial stop was based on observations of similar looking vehicle made by a caller to 911. However, the officer claimed that he observed the driver rapidly move into another lane to avoid a collision from a vehicle that made an unexpected turn. Interestingly, the driver’s evasive maneuver that avoided an accident suddenly became evidence of impaired driving. One is left to wonder what the officer would have inferred had the driver simply allowed the collision to occur.
The officer’s account becomes even more ludicrous in that he claims that he did not observe the driver commit any traffic infraction but that the driver was increasing and decreasing his speed. The driver conceded that he changed his speed because he was not familiar with the neighborhood and was looking for a place to eat with his wife. The point is that the officer expected to find an intoxicated driver who was struggling to maintain his lane or otherwise drive unsafely so the officer interpreted perfectly innocent driving behavior as non-existent evidence of DUI.
During the stop, the officer claimed to smell the “mild odor” of alcohol on the driver’s breath and requested that the driver perform field sobriety tests (FSTs). Because the driver was not intoxicated as his .03 percent BAC revealed, he was released, right? Wrong! It should hardly come as a surprise at this point that the officer determined that the driver failed the FSTs.
The officer admitted later that he knew that there was no evidence to support a DUI arrest but figured the case would just be pled down to reckless driving. The moral of the story is that a DUI investigation is not about finding the truth. If is about building as much evidence as possible to justify your arrest and a Florida DUI conviction. Officer’s are not generally dishonest but tend to have their perceptions of a situation tainted by what they anticipate they will observe. This case is yet another example of an issue we have discussed before – never cooperate with a DUI investigation. The officer will typically find evidence to support his or her belief that you are driving under the influence.
If you are arrested for DUI in Florida, you may face very serious legal and practical consequence. Your freedom, job, income and driving ability are at risk. Our experienced Florida DUI attorneys can help you fight for your future so call us today!
Tags: arrested for DUI in Florida, Florida DUI attorneys
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Monday, May 23rd, 2011
The police in the State of Florida are required to have probable cause to make a lawful arrest for DUI. In the case of Mathis v. Coats, 24 So. 3d 1284 (Fla. Dist. Ct. App. 2d Dist. 2010), the driver challenged the trial court’s determination that she was under arrest when she was taken to central breath testing (CBT) (claiming false arrest) and whether the deputy had probable cause to arrest her for driving under the influence (DUI).
The court determined that the driver was under arrest at the scene of the traffic stop because the driver was detained and, after failing to complete the field sobriety tests, handcuffed and involuntarily transported to CBT. The court also concluded that the deputy’s determination that probable cause for arrest existed was reasonable under the circumstances notwithstanding the driver’s explanations for erratic driving, unusual behavior and difficulties performing the field sobriety tests.
Under Pennsylvania law, a lawful arrest occurs when there is: 1) a purpose or intention to affect an arrest; 2) an actual or constructive seizure or detention by a person having present power to control the person arrested; and 3) communication by the arresting officer to, and an understanding by, the person whose arrest is sought of the officer’s purpose and intention to affect an arrest.
Sufficient probable cause to justify an arrest exists where the facts and circumstances allow a reasonable officer to conclude that a criminal offense has been committed. The existence of probable cause requires an examination of the totality of the circumstances. The facts are to be analyzed from the officer’s knowledge, practical experience, special training, and other trustworthy information. Many factors contribute to a finding of probable cause to support a driving under the influence arrest. For example, although an odor of alcohol is significant, it may not be dispositive. Other factors may include the defendant’s reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, flushed face, bloodshot eyes, admissions, and poor performance on field sobriety exercises. Mathis v. Coats, 24 So. 3d 1284 (Fla. Dist. Ct. App. 2d Dist. 2010).
If an arrest is unlawful because of procedural defects or an officer lacks probable cause for arrest, this may provide a viable defense to Florida DUI charges. A false arrest may even give rise to civil liability against the police. If you or someone you love has been arrested for DUI in Florida, our experienced DUI defense attorneys carefully investigate the facts of our client’s cases so that we can pursue all applicable defenses. If you or someone close to you has been arrested for DUI, we invite you to call us today and learn how we can help.
Tags: Florida DUI Law, Florida DUI Lawyer
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Tuesday, May 10th, 2011
A situation that sometimes arises in a Florida DUI case is where a driver pleads guilty to a misdemeanor DUI conviction and the State later decides that it would like to pursue felony charges. This is much more than a technical or theoretical issue, there are defendants who have avoided felony Florida DUI charges by pleading to a charged misdemeanor. Even though one’s conduct of driving under the influence may technically qualify as a misdemeanor DUI or felony DUI, the Constitutional protection against double jeopardy prevents a person from being convicted of both a misdemeanor and felony offense. This means that if a driver pleads guilty to a misdemeanor DUI offense, the State cannot later decide to prosecute the driver for felony DUI. The case of State vs. Witcher, 737 So. 2d 584 (Fla. Dist. Ct. App. 1st Dist. 1999) provides a good example of this situation.
In the case of State v. Witcher, 737 So. 2d 584 (Fla. Dist. Ct. App. 1st Dist. 1999), the driver was driving a vehicle when he collided with a telephone pole, which resulted in the injury of his two passengers. The driver was charged with simple driving under the influence (DUI) by the county court, but the circuit court subsequently charged the driver with felony DUI. The driver pled guilty to the misdemeanor DUI charge and moved to dismiss the felony DUI charge on double jeopardy grounds. Double jeopardy in this context basically means that a person cannot be prosecuted for an offense in which all of the elements (essential facts that must be established) are contained within the definition of another offense. This is sometime called a “lesser included offense.”
The court in Witcher dismissed the felony DUI charge, and ruled that the state could not pursue the felony charges based on the principle of double jeopardy. The court upheld dismissal of the felony driving under the influence charges against the driver because the state was prohibited, on double jeopardy grounds, from pursuing felony charges in the circuit court after defendant had already pled guilty to misdemeanor DUI charges in the county court arising out of the same accident. The point is that the state could not essentially punish the driver for the same criminal act under more or less the same charge with the only difference being the punishment.
Double jeopardy is a United States Constitutional protection that only allows a citizen in any criminal case to be prosecuted once for the same crime. What happened in the Witcher case was that the defendant entered into a plea bargain with the State of Florida on the misdemeanor DUI charges so that the State did not have the right to pursue a felony prosecution for the same charge in a different court. The difference in punishment between a misdemeanor and a felony is substantial so pleading to the misdemeanor strategically protected the driver from a felony conviction. This strategic approach resulted in less exposure in terms of jail time, fines and other penalties.
There are many ways that a Florida DUI defense attorney can help improve the chances that you avoid a conviction or reduce the penalties and long-term consequences associated with a Florida DUI conviction. If you are charged with felony DUI or misdemeanor DUI in Florida, we may be able to help you avoid the serious consequences that accompany a DUI conviction so call us today.
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Monday, May 2nd, 2011
Most of us know someone who has been stopped and asked to submit to field sobriety tests, but many people are unclear regarding the circumstances that permit a police officer to request that a person submit to field sobriety testing. Under Florida DUI law, an officer must have “reasonable suspicion” that a person is driving under the influence of alcohol or engaging in or having recently engaged in some other criminal violation to legally request a person submit to field sobriety testing. Unless an officer has reasonable suspicion when he requests field sobriety testing, a subsequent DUI arrest may be illegal. If reasonable suspicion exists, the officer can briefly detain a driver long enough to conduct a DUI investigation. The purpose of a DUI investigation is to confirm whether there is probable cause to support a Florida DUI arrest.
A Florida DUI attorney will carefully investigate a police officer’s alleged factual basis for claiming that he had reasonable suspicion and may be able to have your DUI charges reduced or dismissed if the officer did not have a sufficient legal basis for conducting Field Sobriety Testing.
It usually requires a number of signs of intoxication to satisfy the reasonable suspicion standard and create a sufficient legal grounds of having a driver submit to field sobriety testing. The smell of alcohol on a driver alone is generally not sufficient. The Florida Supreme Court provided guidance on what is required to constitute reasonable suspicion to conduct field sobriety testing. The Florida Supreme Court in State vs. Taylor underscored the following signs of intoxication:
- Loss of balance when exiting vehicle
- Red watery eyes
- Slurred speech
- Odor of alcohol from driver
- High rate of speed prior to stop
The court concluded based on this combination of signs of intoxication that this was “more than enough to provide [the officer] with reasonable suspicion that a crime was being committed [i.e. DUI].” Subsequent courts have added a flushed face to this litany of indicators that may constitute part of the basis for reasonable suspicion to conduct field sobriety testing. Likewise, a driver’s admission that he has been drinking will typically suffice to create reasonable suspicion. It is fairly clear based on Florida court decisions that while the smell of alcohol is not sufficient in itself to constitute sufficient legal basis to conduct field sobriety testing the officer need not observe all of these signs to justify field sobriety testing. Courts have found that a traffic violation combined with bloodshot eyes and the odor of alcohol is sufficient.
Many of these factors are subjective and may be caused by many things other than being intoxicated. Further, most police reports read like a rote recitation of these signs of intoxication. An experienced Florida DUI attorney will carefully investigate the facts of your case, interview witnesses and cross-examine the officer to determine whether the officer really had reasonable suspicion to request you submit to field sobriety testing. If the officer did not have sufficient legal grounds, this may provide an effective defense to your DUI charges, which may lead to dismissal or reduction of your DUI charges in Florida. However, you should NEVER admit to drinking because this will typically justify field sobriety testing making the issue of the legal sufficiency to conduct field sobriety testing unavailable as a defense strategy.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Law Helpline at 1 (800) 687-2252 or search our directory of DUI lawyers in Florida for a law firm near you (by appointment only).
Free eBook – How To Beat a DUI in Florida:
Florida DUI lawyer discusses the ways in which someone charged with a DUI in Florida can fight their DUI charges and possibly win their a DUI trial in Florida. Click Here For How To Beat A DUI in Florida.
Tags: Florida DUI Arrests, Florida DUI Attorney, Florida DUI Law
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Wednesday, April 13th, 2011
While facing an arrest for driving under the influence of alcohol is typically an anxiety riddled experience, it is even more upsetting when the charges are based on a falsified or inaccurate police report. The common perception amongst many people is that a DUI case is typically based on scientific evidence such as highly accurate chemical test results so there is little room for error or manipulation of the evidence by an arresting officer. To the contrary, chemical testing can be highly inaccurate and cases all over the U.S. are being thrown out because of false or inaccurate police reports. As recently as September, 79 cases were thrown out by a Sacramento, CA court because of falsified police reports. The thought of facing DUI charges when you were not under the influence of alcohol is disturbing, but it is also a more realistic possibility than many people imagine.
One of the most common practices used in falsifying DUI reports is what is called a “xeroxed report.” Basically, the officer has a report that is prepared and fills in the blanks rather than preparing an individualized report or a computer template that makes it look like a report is unique but really is no more than filling in blanks. This practice is more common than you might think because it saves the officer time and effort. However, an experienced Florida DUI attorney can identify this type of practice by comparing multiple police reports prepared by the officer. If the officer is simply filling in blanks or completing a template, the same language will be used rather than unique descriptions and account of what happened in your DUI case.
Police reports in Florida DUI cases may also be falsified by the officer simply lying or misrepresenting the facts. For example, the officer may claim you gave consent to search your vehicle during a DUI stop, lie about giving you field sobriety tests or provide an inaccurate account of the results. Many times there may be no other evidence of what actually happened during a DUI stop other than your word against that of the police officer. The officer may distort his observations of you during the initial stop claiming to smell alcohol on your breath, observe red watery eyes or state that your speech was slurred. The officer’s observations or distorted field sobriety testing may be critical evidence.
If you do not have an experienced Florida DUI defense attorney, it can be very difficult to determine that a police report is false or inaccurate and even harder to prove it. A local DUI defense attorney will be familiar with the officers in your jurisdiction that have a reputation for having strikingly similar police reports across multiple cases. Your Florida DUI attorney may also elect to request copies of other DUI arrest reports prepared by the officer or in the precinct so that the reports can be compared to identify a report that does not appear to be unique and individualized to your case. The bottom line is that a private citizen will have a very difficult time proving that a police report has been falsified in a DUI case even though it can be the critical factor in avoiding a Florida DUI conviction.
Call 1 (800) 687-2252 For a Free Consultation With a Florida DUI Lawyer In Your Area
Hiring a Florida DUI attorney to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Helpline at 1 (800) 687-2252 or search our Florida DUI Lawyer directory for a law firm near you (by appointment only).
Free eBook – How To Beat a DUI in Florida:
Florida DUI lawyer discusses the ways in which someone charged with a DUI in Florida can fight their DUI charges and possibly win their a DUI trial in Florida. Click Here For How To Beat A DUI in Florida.
Tags: Florida DUI Arrests, Florida DUI Attorney, Florida DUI cases
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