Archive for the ‘Underage DUI’ Category

Driving After Dark or DUI—Which is More Dangerous for Teens?

Monday, February 27th, 2012

Motor vehicle crashes are the leading cause of death among those aged 15-20, with the incidence of crashes peaking at age 16—about the time most teens get their first license. Almost 2/3 of all teens killed in motor vehicle accidents were male, a full third of the young drivers killed in motor vehicle accidents had been drinking alcohol, 37% were speeding, and over half of all teens killed were not wearing a seat belt. Among sixteen and seventeen year old drivers, the death rate increased exponentially with each additional passenger in the car.

Parents, of course, are hard-wired to worry about statistics such as these, and insurance companies set their premiums based on such statistics. Interestingly enough, however, a recent study showed that nighttime driving is far and away the biggest risk faced by teen drivers across the United States. Nighttime driving is responsible for more teen accidents than drinking, speeding or failure to wear a seat belt.

Why is Night Driving So Deadly?

Teen drivers are inherently inexperienced, and night driving offers a whole host of factors which are not present in the daytime. Even though many cities have passed texting bans, teens are the worst offenders for using their cell phones at unsafe and inappropriate times—nearly thirty percent of teens admit to texting behind the wheel. While texting during the daytime is dangerous enough, texting at night can be deadly. A teen driver who is already inexperienced will not be able to cope with the uncertainties of nighttime driving, and may also suffer from insufficient sleep and susceptibility to distraction. Every rowdy teenage passenger in the car adds yet another distraction to an already-distracted teen driver who just doesn’t have enough driving time under his belt to know how to make the quick decisions nighttime driving requires.

Legal Solutions to the Problem

Although a few states still allow teens to get a learner’s permit as early as age 14, the days of unrestricted licenses by age 16 are slowly disappearing. Legislation is currently being proposed in the Senate which will encourage each state to phase teen driving in gradually. This would be accomplished through strict bans on cell phone use, prohibition of night driving, and allowing no more than one teenage passenger in the car.

Although not a total night-driving prohibition, drivers younger than 18 would not be allowed to drive between the hours of midnight and 6:00 a.m. without a parent or guardian in the vehicle with them. Additionally, any driver below the age of 18 who commits a moving violation within six months of receiving their full license would face a probationary time where they could only drive with a parent in the vehicle. The goal is to strictly regulate all drivers younger than age 18, and the federal government believes they will get state compliance through the threat of losing federal highway funding.

Remaining Tough on DUI for Teens

Law enforcement agencies continue to make enforcement of drug and alcohol-related driving violations among teenagers a top priority. While the standard over-the-limit alcohol consumption is 0.08%, there are special laws for teen drivers, known as zero-tolerance laws. If a teen has had anything at all to drink before they get behind the wheel, they will receive an automatic license suspension, and be charged with an underage DUI. Even a first-time juvenile offender can be sentenced to jail time, probation, DUI education classes and thousands of dollars in fines.

Education is necessary to lower the incidence of teenage accidents; while fully 80 percent of all teens understand that driving while impaired is a bad idea, only about 3% understand how dangerous night driving can be for an inexperienced teenage driver. If your teen has been involved in an accident, whether through their own fault or that of another, it’s important to contact an experienced Florida DUI attorney who can detail the options for the young person.

When Our Children Face Criminal Charges From A Florida DUI

Wednesday, December 14th, 2011

It is always frightening if someone close to you faces criminal charges, but what about when it is one of your kids?  What do you need to do?  What are your child’s rights?  What might you and your child be facing?  These are just some of the questions you may face if your child is charged with a DUI or a criminal offense.

Fortunately, the State of Florida is not exclusively focused on punishment when those who are underage commit a crime.  Florida’s juvenile justice system is founded on the theory that sometimes juveniles (youths under the legal age of 18) may have made an immature mistake, whether due to peer pressure or ignorance of the possible consequences of their actions.  The system is designed to accommodate the premise that many young people make mistakes although they are not really a threat to society or likely to engage in future criminal activity.  The system is designed to keep juvenile offenders, particularly first time offenders, from potentially devastating and life-altering consequences by protecting them from being charged as an adult and having a permanent adult criminal record.  Most importantly, the juvenile courts are dedicated to protecting the rights of innocent juveniles.

A juvenile offender who is found guilty of committing a criminal offense, such as a DUI, may receive a punishment, which imposes probation where he/she must complete and comply with all court-ordered sanctions and special conditions as opposed to incarceration in the juvenile justice system. Conditions may include being ordered to abide by a curfew, work community service hours, pay the victim restitution, submit to an evaluation and/or attend counseling.

If the offense warrants, juveniles may be ordered to submit a biological specimen for DNA testing. They may also be ordered to attend a probation day treatment program for monitoring purposes as well as offering an alternative educational setting including anger management classes, social skills building and substance abuse education among other things.  Parents and guardians are expected to assist and encourage their child to fulfill all the terms and conditions of their child’s probation.

If your child violates the conditions of probation or the court determines that probation is inappropriate, your child may be sentenced to placement in a Department of Juvenile Justice Detention Center.  While this is not something anyone wants for his or her child, it certainly is preferable to incarceration in an adult detention facility.

The State of Florida is divided into three regions, each containing no less than 7 (as of July 2010) juvenile detention centers so a child is never far from home or family.  The purpose of these centers is to provide a safe and restrictive environment for juveniles requiring secure residential detention and to insure that those detained will be available for scheduled court hearings.  Visitation is an encouraged privilege, and juvenile offenders can “earn” extra visitation in half-hour increments.  Incoming and out-going mail is permitted, and outgoing mail is uncensored. There are rules and regulations governing both visitation and mail, but it is comforting to know that they are enforced to protect the safety and welfare of juvenile detainees as opposed to just their jailers.

While the structure of the juvenile system does provide some good news for parents, there is also bad news.  Under Florida law (F.S. 985), parents, guardians and even non-custodial parents may be charged for the supervision, care, support, and maintenance of their child while in a detention facility and under home detention as well as while under probation supervision and conditional release just to name a few circumstances.  This can be very expensive, but an experienced Florida criminal defense attorney will work to keep your child from incarceration in a juvenile detention facility by seeking a dismissal or reduction in charges.  Our experienced Florida DUI attorneys frequently represent juveniles accused of underage drinking and DUI.

If your child has been arrested and charged with DUI, our experienced Florida DUI attorneys will explore all possible strategies to protect your child’s freedom and future.  Sometimes if your child is charged with a particularly serious criminal offense, the prosecutor may seek to charge your child as an adult and negate all of the protections discussed above.  If your child is accused of a crime, our experienced Florida DUI defense attorneys are available to protect your child’s rights and offer a zealous defense.