Posts Tagged ‘Florida DUI defense attorneys’

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.

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Effective Florida DUI Defense for Challenging Officer Observations [Part II]: Field Sobriety Testing

Thursday, July 7th, 2011

If you are subject to a Florida DUI investigation, the officer will typically conduct Field sobriety tests (FSTs).  FSTs will be conducted prior to any chemical testing of blood alcohol level in most cases.  Field sobriety testing is subject to very strict procedures to ensure the highest level of accuracy.  While these tests are often used to identify intoxicated drivers, they are highly subjective and often unreliable.

There are only three field sobriety tests that have been approved by the National Highway Traffic Safety Administration (NHTSA) for DUI investigations in Tampa or elsewhere in Florida.  Many times officers will use non-standardized tests that have not been approved by the NHTSA even though non-standardized tests have not been sanctioned as reasonably reliable indicators of intoxication.  The three approved tests are the walk-and-turn, horizontal nystagmus test and the one leg stand test.

FSTs require evaluation of one’s ability to follow instructions as well as a driver’s balance and coordination. These types of tests are called Divided Attention Tests. They require a driver to focus on multiple tasks simultaneously.  They force a driver to divide his or her attention between mental and physical tasks. This series of physical tasks are based on research suggesting that a person who is under the influence of alcohol cannot focus on both sets of tasks at the same time.  A driver who is impaired by alcohol will typically make certain predictable errors while performing these tasks.

Officers who use field sobriety tests are expected to successfully complete training that complies with very specific guidelines.  The process of conducting the tests also requires that officers precisely follow procedures, provide driver’s specific instructions and demonstrate the tests for the driver.  Many officers fail to comply with these requirements or have inadequate training or experience, which means the results may be suppressed or effectively contested at trial.

Even if a Florida police officer is properly trained and conducts the FSTs flawlessly, the error rate for the 3 approved FSTs is astoundingly high.  The three approved and validated field sobriety tests are only between 65 to 77 percent accurate at correctly identifying drivers under the influence of alcohol.  It is important to remember that the prosecutor in a Tampa DUI prosecution has an obligation to prove your guilt “beyond a reasonable doubt.”  Field sobriety testing will incorrectly identify one driver as over the legal limit of .08 percent BAC for every three or four drivers tested.  This is not remotely sufficient to satisfy the prosecutor’s evidentiary standard for proving guilt in a Florida DUI criminal case.

The point to take away is that there are many defenses that may prevent a Tampa DUI conviction.  While it may be worthwhile to simply plead no contest to some minor traffic offenses, this is not the case with DUI charges in Florida.  DUI is a serious criminal offense that can have far reaching consequences beyond the severe penalties that are immediately imposed.

If you are charged with DUI in Florida, you should seek the advice and guidance of an experienced Florida DUI defense lawyer.  Our dedicated and committed Florida DUI defense attorneys have assisted many residents of Florida charged with DUI so call today.

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Effective Florida DUI Defense Strategies for Challenging Officer Observations [Part I]

Wednesday, July 6th, 2011

With the Fourth of July weekend approaching, there will be a spike in the number of DUI arrests because of stepped up DUI patrols, DUI checkpoints and other aggressive DUI enforcement activity.  Few things can turn a holiday celebration into a bitter experience more effectively than a Florida DUI arrest.  The penalties for a Florida DUI criminal conviction may include jail time, substantial fines, probation, drunk driving school, ignition interlock installation, driver’s license suspension and more.  It is easy to feel like these penalties are inevitable and resign oneself to pleading guilty and putting your Florida DUI arrest behind you quickly without a prolonged fight.

This can be a serious mistake because DUI charges are open to a broad spectrum of defenses.  Given the severe penalties and potential lifelong consequences of a DUI conviction on career, educational and housing opportunities, it is never a good idea to simply concede a conviction.  A DUI case is complex and technical which creates many strategies for mounting an effective defense including challenges to the observations and conduct of the arresting officer.

While most law enforcement officers are honest and conscientious in performance of their job duties, sometimes they make mistakes or cut corners.  There are cases where the officer may not have had sufficient grounds for the initial stop.  If the officer does not have a sufficient legal basis to stop you, then we may be able to file a motion to suppress all the evidence against you including observations made by the officer after the initial stop, incriminating statements and field sobriety and blood alcohol testing.

Even if there is a valid basis for the initial stop, the officer may make mistakes or fudge the facts during the course of the stop. There are even cases where officers use templated reports with critical facts like observations upon which they base their DUI investigation being pre-printed or added by rote between an officer’s reports.  Sometimes the officer’s report also may have inconsistencies.  Where there are multiple officers, there may be conflicting factual accounts between them that make their observations suspect.

Many officers lack proper training or may have a disciplinary history that leaves them open to challenging their accuracy or veracity.  Officers that lack proper training may make critical mistakes such as not following appropriate procedures in conducting and scoring field sobriety tests (FSTs).  FSTs have a high margin of error even when conducted perfectly.  When an officer has not been properly trained, the officer may fail to give instructions properly, demonstrate the tests sufficiently or score the tests properly.

If you have been charged with DUI in Florida, our experienced Florida DUI defense lawyers diligently investigate and review any observations or procedure by police to identify inconsistencies, errors or inappropriate deviations from acceptable procedures.  Our experienced Florida DUI defense attorneys are prepared to aggressively challenge such errors and inconsistencies as part of our goal of providing the most effective DUI defense for our Florida DUI clients.

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