Posts Tagged ‘Florida DUI attorneys’
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.
Tags: Florida DUI, Florida DUI Attorney, Florida DUI attorneys, Florida DUI defense attorneys, Florida DUI Lawyer
Posted in Underage DUI | Comments Off
Thursday, August 18th, 2011
Law enforcement agencies and prosecutors take all DUI arrests very seriously so the penalties for driving under the influence of alcohol in Florida are harsh, but the penalties get ratcheted up even more when a DUI accident causes serious injuries. A DUI that causes serious injury to someone other than the person driving under the influence of alcohol is a third degree felony under Florida DUI law. It also carries a mandatory minimum sentence and a maximum term of incarceration of five years in state prison.
If you are involved in a DUI that causes serious injury, the police can make you submit to a forcible blood draw. Effective defense of a DUI case involving serious injury requires careful investigation of the procedures behind the blood testing. Our Florida DUI defense firm typically works with expert witnesses to evaluate potential issues with the way the blood testing was conducted and potential legal grounds for suppression of the results. We also work closely with accident reconstruction experts to challenge the prosecution’s explanation for the cause of the accident and the injured vehicle occupant’s injuries.
These cases can be difficult to defend because sometimes charges are not filed until many months after the Florida alcohol related car accident. The Florida Highway Patrol or sheriff’s department may have conducted a long investigation, and the blood from your forcible blood draw may have been sent off for analysis months before.
These issues make it essential to retain an attorney as early as possible following your accident. Even if you have not been charged immediately following the accident, it is important to retain a DUI defense attorney who can begin to gather relevant evidence regarding the accident, investigate any blood test procedures and results as well as protect your interest during the initial stages of the accident investigation. While there are many ways to attack blood testing, it is like DNA in other criminal cases in that it can be more difficult to challenge than other types of evidence.
If you or your loved one has been involved in a car accident in Florida and is under investigation for DUI, our experienced DUI defense lawyers have the expertise and experience to carefully analyze the evidence against you even during the early stages of the investigation. We represent those throughout Florida charged with DUI including those involving serious injury. Call our Florida DUI defense lawyers to see how we can help.
Call 1 800-687-2252 to Speak 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 Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI Attorney, Florida DUI attorneys, Florida DUI Involving Serious Injury
Posted in Florida DUI Involving Serious Injury | No Comments »
Friday, August 12th, 2011
There are few feelings as stressful and frustrating as seeking flashing red lights in one’s rearview mirror with the knowledge that you have been drinking. A DUI arrest is a very serious offense and DUI related offenses are prosecuted aggressively. However, there are many defenses and types of evidence that can be successfully used to challenge DUI charges in Florida. Although there are countless ways to challenge a DUI in Florida, we have provided some effective ways to successfully defend a Florida defense attorney.
- Challenge Field Sobriety Tests (FST): Field sobriety testing is notoriously unreliable. In healthy individuals and under perfect medical conditions, the most common field sobriety testing has a miserable accuracy rate and inaccurately identifies a person who is not over the legal limit of .08 percent as being over the limit more than 30% of the time. If a person has physical limitation such as obesity, advanced age or other physical limitations, FSTs are even more inaccurate. There are also only 3 approved FSTs in Florida the walk-and-turn, one-leg stand and horizontal gaze nystagmus so any other tests conducted are invalid.
- Inaccurate Breath Testing: There may be a malfunction or repair issue associated with the breath test machine used in your case that may make the test results suspect. The breath test operator may also not have a valid current license. There is also a multitude of reasons that breath test results can be inaccurate. The scope of errors with these machines is beyond the scope of this article but many substances will result in false results including recent use of mouthwash or high protein diets. The breath test results may also be challenged if the officer fails to observe the suspect for the minimum waiting period prior to administering the test to make sure no food or beverages are ingested.
- Illegal Stop: The officer must have a sufficient basis to form a reasonable suspicion that you were engaged in unlawful activity when you are pulled over. It is important to note that weaving within the lines in a lane of traffic is not a traffic violation in Florida so this may not form the basis for pulling over a driver. An anonymous report by a citizen that a driver is drunk may also not form a lawful basis for a stop.
- Lack of Miranda Warnings: Admissions made by a person who is in custody (i.e. not free to leave) may be suppressed if the officer fails to issue proper Miranda warnings.
- Medical or Physical Condition Defenses: There are a wide variety of medical conditions that may serve as the basis for a DUI defense in Florida including diabetes, periodontal disease, acid reflux, flu/fever, lung disease, heart disease, advanced age and pre-existing injuries just to name a few.
- Use of Police Video: Many times officers have a preconceived notion about what they expect to see from a DUI suspect. Accounts of lack of balance, poor coordination, slurred speech and mental confusion are often grossly exaggerated. Police station or patrol car video can often provide clear evidence that the officer’s report of his or her observations were biased.
- Rising Blood Alcohol: The prosecutor must be able to show that the alcohol test reflects the driver’s blood alcohol concentration while operating a motor vehicle. Sometimes alcohol is absorbed into the system between the time of a DUI arrest and formal breath test at the station so that the driver’s test shows a higher result than when the driver was operating a motor vehicle.
- Veracity of Officer: The reliability of an officer’s testimony and observations may be challenged on a broad variety of grounds including misconduct in the past, using templated or pre-written reports or misleading or conflicting statement made by the officer.
This list of possible defenses or possible forms of exculpatory evidence provide only a short list of potential defense strategies that may be used by an experienced Florida DUI defense attorney to help avoid a conviction for DUI in Florida. Our experienced DUI attorneys have used many defenses including those above to help Florida residents charged with DUI avoid the serious adverse consequences of a DUI conviction including jail time, steep fines, loss of driving privileges, damage to one’s reputation and much more.
If you have been arrested for a Florida DUI do not delay because the sooner you contact our experienced Florida DUI defense lawyers the sooner we can start fighting for you.
Call 1 800-687-2252 to Speak 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 Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI, Florida DUI Attorney, Florida DUI attorneys
Posted in Florida DUI Charges | No Comments »
Monday, August 1st, 2011
State in section 327.35 of the Florida stature, boating or driving any vessel in a body of water applies to being a designated driver. When driving a boat, the same rules apply similarly to those that driver’s and citizens must obey while on the roadways. Like driving, those who have a blood alcohol content (BAC) level higher than .08 or equal to that of, you can expect a possible conviction of driving while under the influence of alcohol, or even other substances if applicable. Just like a normal DUI stop, police will investigate the imparities of such a driver.
In other words, a field sobriety exam could possibly be administered on a boat of and administered by a law enforcement entity even in the water. The difference between the roads versus the water is the number of pedestrians at risk. Florida’s tourism board uses not only the manufactured tourist attractions such as those in Orlando, but also the state’s natural beauty. The beaches as well as other areas such as the Everglades, all bring in thousands upon thousands of tourists not yearly, but monthly. To continue the revenue that the tourism brings, it is extremely important that Florida government entities as well as private citizens display proper, safe boating rules when in the waters of Florida.
If an individual is “boating while under the influence” of alcohol or drugs, a fine and a possible jail sentence can be expected. Those receiving their first conviction will pay a fine between the amounts of $250 to $500. However, if it is a repeated conviction you will be expected to pay a fine between $500 to $1000. The jail time an individual faces if convicted of the crime can be up to six months for those receiving a conviction of this crime for the first time, or up to nine months for a second. When operating a boat or any motor vehicle for that matter it is just like baseball “3 strikes your out!” except it is 3 strikes, felony charge.
In addition to the numerous fines and jail time the individual will face, the possibility of a substance abuse or rehabilitation services will sometimes not only be suggested, but required by the Florida court of law. Inevitably, the safety of not only Florida citizens, but others visiting the fair state, are not only the responsibility of the Florida law enforcement, but also the citizens of Florida to ensure a future, thriving state.
Call 1 800-687-2252 to Speak 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 Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida BUI, Florida DUI Attorney, Florida DUI attorneys, Florida DUI Law
Posted in Florida BUI | No Comments »
Friday, July 29th, 2011
When a DUI investigation is conducted, one can expect at least a breathalyzer, urinalysis, or even a blood test to be administered to the possible perpetrator of the crime of driving while under the influence. However, a new Supreme Court ruling states that crime lab supervisors are not able to actually participate within a court of law if they themselves did not actually oversee and participate in the testing of such much materials, including testifying to a judge or jury pertaining to any evidence given, analyzed, and recorded of the possible DUI offender.
Specifically, crime lab supervisor tests samples of blood or urine in cases, such as DUI, that helps determine the driver’s state at the time of the investigation. The new law states that under the Sixth Amendment, it would be a violation of any defendant’s rights if a surrogate testimony occurred from a lab supervisor. In Florida, all individuals, whether DUI related or not, have the right to a trial by jury, which is strengthened by the any accusation that a party is guilty. The new ruling also states that a cross examination of a surrogate witness is not able to satisfy the court of lay, even if they may be familiar within any evidence or facts relating or pertaining to the case at hand. An example of such a case can be seen when a man was convicted in New Mexico of driving while under the influence and denied the officer to administer him a breathalyzer test. After the incident, officers issued a warrant to obtain a blood sample to test the alcohol content of the man to solidify DUI charges against him.
From there, the man took his right to a speedy trial at hand and filed a lawsuit. When prosecutors began to attend to obtaining witnesses to testify in court about the man, of course the lab supervisor was one of the witnesses. As stated by a prosecutor, the lab supervisor had not actually conducted the tests and an analysis on the blood at all, which a technician that was currently not with the lab had conducted. However in this case, the judge overruled the defenses objection to the supervisor’s testimony, and the man was inevitably convicted of driving under the influence. Now, thanks to our recent ruling, we can count on specifics, and reliability within the court of law to help insure that all convictions are set forth justly.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI lawyer to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI attorneys, Florida DUI law firms, Florida DUI Lawyers
Posted in Florida DUI News | No Comments »
Thursday, July 28th, 2011
Detroit Tigers slugger Miguel Cabrera had his driver’s license returned after he prevailed in the administrative appeal of this driver’s license suspension. Cabrera was facing administrative suspension of his license for refusing to submit to a breath test under Florida’s implied consent law. Cabrera exercised his right to appeal and prevailed because it was not established that Cabrera was in control of the vehicle.
Under Florida’s implied consent law, a driver who is arrested for DUI must submit to a chemical test to determine one’s blood alcohol concentration. Any driver who operates a motor vehicle on Florida roads is deemed to consent to chemical testing if arrested for DUI. Refusal to consent may result in a 12 month administrative license suspension on a first offense and an 18 month suspension on a second or subsequent refusal. A second or subsequent offense is also a first-degree misdemeanor.
When Cabrera was originally arrested for DUI, he was first observed by the arresting officer sitting in his care with smoke coming from the engine of the vehicle on the side of the roadway in Fort Pierce. The officer indicated that when he approached the vehicle, the officer indicated that Cabrera emitted the odor of alcohol and had slurred speech. Cabrera’s speech was also reportedly slurred. Cabrera also purportedly took a swig from a bottle of scotch.
Many Florida drivers arrested for DUI delay in getting legal advice and may not file for an administrative hearing. This will result in a one-year suspension of one’s driver’s license on a first offense. It is important to get legal advice immediately because you only have ten days to file for an appeal of your driver’s license suspension. Florida has the highest number of drivers in the country that refuse chemical testing with the rate being as high as 37 percent.
An administrative hearing can often yield results as the Cabrera case illustrates and allow you to maintain your driver’s license. The administrative hearing is also a key opportunity to preview the evidence against you in your DUI criminal case and begin developing defense strategies. Because control is an issue in a DUI criminal case, Cabrera’s success in the administrative hearing may provide a basis for the successful defense strategy in Cabrera’s DUI criminal case.
If you are arrested for DUI in Florida, our experienced Florida DUI defense attorneys can carefully evaluate the circumstances of your DUI including the legal basis for your stop, any chemical or field sobriety testing, officer and witness observations and law enforcement procedures. We have successfully represented people throughout Florida just like you who were facing DUI charges so call us today.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI lawyer to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI attorneys, Florida DUI law firms, Florida DUI Lawyers
Posted in Florida DUI Appeals | No Comments »
Wednesday, July 27th, 2011
Recently in Florida, an arrest and conviction of a DUI charge can not only occur while driving a motor vehicle, but also by simply driving a bicycle. While the news has left many wondering whether or not this is a joke or not, sources say it is actually more common than many people know to be arrested while operating a bicycle while being under the influence.
However, an issue at the time pertaining to bicycling and operating it under the influence is a bit different than when driving a motor vehicle. Generally, when driving a car, just by driving you give an implied consent to participate in a DUI field sobriety test when a law officer requests it, as printed on a driver’s license. Yet, you do not need a license to drive a bicycle. The Florida stature pertaining to driving while under the influence is very broad in saying that a DUI is when a “vehicle” is involved. In stating that, a bicycle is a mode of transit in which can we used on public roads, streets, or even highways, but is not a motor vehicle. Also, there have been many varying arguments about bicycles being able to ride aside cars and share the roads with them, which poses a possibly traffic delay, and a hazard to safety to other drivers and pedestrians.
When it comes down to the actual suspension of a license while dealing with a DUI charge, a motor vehicle operator is really the only person eligible for the suspension, as previously stated, a bicyclists do not have to hold a valid or a license period to operate the bicycle. When it comes to the court of law, usually there is a split or heavy debate as to whether or not a driver’s license suspension is possible to a citizen who committed to the misdemeanor of driving while under the influence while not operating a motor vehicle.
In 1987, the state of Florida dealt with such an issue in the third District Court of Appeals. Based on the statue, the DCA concluded that the Florida legislature had a very broad, undefined definition of a vehicle when it came to driving while under the influence. Even today, the Florida Supreme Court has still not clearly stated whether or not a driving while under the influence charge can be committed as an act on a bicycle.
Call 1 800-687-2252 to Speak With Florida DUI lawyers In Your Area.
Hiring Florida DUI lawyers to aggressively defend you can help you obtain the best possible result in your case. Call our toll-free, Florida DUI Advice Helpline at 1 (800) 687-2252 for a Florida DUI law firm near you (by appointment only).
Tags: Florida DUI attorneys, Florida DUI law firms, Florida DUI Lawyers
Posted in Bicycle DUI in Florida | No Comments »
Tuesday, July 19th, 2011
When an individual commits the unlawful act of driving while under the influence of alcohol or drugs, one can always expect to be asked to submit in either a breathalyzer, blood test, or a urinalysis by an entity of law enforcement. If arrested after a field sobriety test, you will most definetly be asked to submit to a breathalyzer test by the arresting officer. If your not deathly ill from the alcohol consumed and need medical attention, be ready to get your breath ready because the cop will be attempting to conduct the breathalyzer.
If asked to participate with the breathalyzer test by the officer, and you decline it, you will have the have a suspension of your driver’s license for a year for the first offense, and eighteen months of suspension for the next offense if you have previously refused to participate with a blood, urine or breath test with the administered by a law enforcement entity. The next question he asks will be the same question again, to submit to a breathalyzer test.
However, what should you really do? If refused at the first time you are asked for consent, your driver’s license will be certainly be suspended for a period of time based on the number of previous offenses, if any are applicable. Also, the Department of Motor Vehicles (DMV) issues the actual suspension separate from the conviction charge, regardless if proved innocent or guilty. If an individual has never refused a breathalyzer test, they are eligible to possibly attain a hardship license within the state of Florida, after ninety days of the refusal. Secondly, the refusal to actually submit to the test could be used against an indvidual in the court of law as known guilt of driving while under the influence, which will usually be used against the defendant in court.
The best a person facing any DUI charges can simply use three things to help minimize the demeanor of the incident and possibly elude charges as a hold by if at all possible trying to stay away from refusing evidence, explaining the jury simple of your decision and reason as to why you did not participate in the test, and to also make sure the State Attorney stays within proper boundaries when arguing the individuals refusal of the test with the jury. A “Confusion Document” can sometimes come to help the defendant when they were improperly informed of the consequences that result from not participating in the investigation and also if the proper Miranda Rights were not recited as required.
Tags: Beat a Florida DUI, Florida breathalyzer test refusal, Florida DUI attorneys
Posted in Florida Breathalyzer Refusal | No Comments »
Monday, July 18th, 2011
For some reason, you were pulled over be an officer, investigated, and probably participated in a field sobriety test as well as a breathalyzer exam, in which resulted in your arrest for a DUI charge. However, was the test accurate? If time allotted and you blew higher than that of a .08, which is the legal limit, many are expected to feel awful and feel like they are dreading what is about to happen. Yet, if the test is given after you have been taken in to a department or office to be breathalyzed, it is not an accurate reading, because it only measures the alcohol within the individuals veins at the time you were taking the exam, not when you were pulled over.
From the time you are pulled over to the time you actually participate in a breath test, even though the results may seem accurate, it really beings to diminish its authenticity and factuality since it was not at the exact moment you were pulled over, giving leeway for many possibilities. Alcohol deals with the rate at which it is absorbed within the blood stream, meaning the time at which you consumed alcohol till full absorption does not always mean you were under the influence of alcohol at the time of the stop. Alcohol is not simply instantly absorbed the moment it makes contact with your body. It is a rather slow process, and also depends on many factors and the biology of the person.
However, after ingestion of a particular measure of an alcoholic beverage, an individual can have their BAC rise to a dramatic peak, which usually takes up to an hour. Eventually, as the absorption begins and ends, the body then filters the alcohol until there is none left within the body. An example would include if a driver drinks a few beers before the last call of a beer and leaves in his motor vehicle to his home, which is only a mere five minutes away. The driver’s BAC could possible be under or within the legal limit of .08, and may even go to bed with his level possible not risen until he begins to sleep. However, he could have easily been charged with a DUI, especially if he had to be taken in for a breath test, which was lengthened out between the time of his last consumption and the test itself.
Tags: Florida DUI attorneys, Florida DUI Lawyers
Posted in Florida DUI Breath Test | No Comments »
Wednesday, July 13th, 2011
A DUI inspection, or test, will always take some time and effort to actually get the results need. A DUI inspection, by police officers, is administered on site on the roadways, which could require a several number of tests. When a driver is pulled over by an officer, the officer may decided to ask the driver to submit to a DUI field sobriety examination based on the factors that the law enforcement officer believes could be related to the driver driving under the influence of alcohol or other drugs that impair the driver.
The factors that decide whether or not the officer is even going to have suspicion or belief about the driver being under the influence, arises before the vehicle is even pulled over and inspected, which gives false led beliefs sometimes due to possible “hunches” about the situation. Factors that lead officers to conduct a DUI field sobriety test include, but are not limited to: crossing any yellow or median line, driving very slow compared to the speed limit, failing to maintain a the vehicles position in a single lane, or simply not obeying basic, general traffic laws and regulations.
Another factor attributed to DUI investigations can also occur as the result from a car crash, especially if only a single vehicle is involved. After being pulled over, the vehicle operator can assume the officer will observe the driver’s physical stature such as bloodshot eyes, scent of vehicle and driver, slurring of words or speech, flushed skin, and many other known signs, which are usually stated in many filed police reports of such instances.
If an officer believes a DUI investigation is about to take place, he or she will ask the compliance of the suspect to participate in the DUI sobriety test on the side of the road. The tests are voluntary, which do not result in the immediate suspension of the driver’s license. However, if a vehicle operator does not participate in the test, it gives leeway to the officer possibly arresting the driver, which if filed properly, can be used against the driver in the court of law as guilt. In addition, if the driver complete refuses having a breathalyzer exam, urinalysis, or blood test, the driver’s license will be suspended as a result of not being cooperative. The ruling, however, may be challenged within the Florida Department of Motor Vehicles and Highway Safety in an administrative hearing. If the driver has previously refused, or denied to comply with a BAC test prior to the present one, a criminal refusal charge will likely by filed by the state.
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: Florida DUI Attorney, Florida DUI attorneys, Florida DUI Stops
Posted in Florida DUI Stops | No Comments »
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