Posts Tagged ‘Florida DUI law firms’
Friday, August 5th, 2011
A Florida DUI criminal case involving an accident with serious injury or death often results in extremely harsh prison terms that can devastate one’s life. The recent DUI conviction of a Port Charlotte man provides a vivid example. Ronald Judson Smith, who is only 25 years old, was sentenced to a term of 30 years in state prison, which could keep him in prison for more than half his life by the time he is released. Smith also received a permanent revocation of his driver’s license.
The harsh DUI prison sentence was part of a criminal conviction on seven charges including second-degree felony manslaughter after he caused the death of a seven year old girl in a fatal DUI accident. Smith also had been charged with driving under the influence with serious bodily injury, DUI with property damage, assault on a police officer, possession of Oxycodone and Xanax without a prescription, failure to submit to a breath test and driving with a suspended license. The police indicated that Smith ran a stop sign before colliding into the other vehicle. Although Smith refused to take a blood test at the scene of the accident, a forced blood draw was taken anyway. Florida Statute Section 327.353 authorizes police officers to use “reasonable force” to draw blood as part of a DUI investigation in DUI cases involving serious bodily injury or death.
A key issue in the case was whether law enforcement officers had probable cause to take a blood draw. The defense hammered away at inconsistencies among officers regarding the smell of alcohol on Smith following the fatal DUI accident. The statute also provides that an officer must have probable cause to believe that a driver was under the influence of alcohol or a controlled substance while causing a car crash that results in death or serious bodily injury. This made the issue of whether the officers actually smelled alcohol on the driver important. The driver ultimately was found to have committed DUI drugs after traces of marijuana as well as Oxycodone and Xanax were revealed by the blood test following his forced blood draw. Unlike DUI involving alcohol, DUI drugs charges do not have a fixed amount that is presumed to result in impairment.
Florida DUI law also requires that police officers that conduct accident investigations inform a suspect before initiating a DUI investigation. If the police officer believes the driver has been drinking and driving but fails to inform the driver that a DUI investigation is beginning, all of the evidence that is subsequently collected including observations of the officer, field sobriety and chemical testing may be suppressed. Smith also claimed that the accident was the result of brake failure not driving under the influence of drugs. Smith’s defense team claimed that mechanical failure rather than intoxication caused the auto accident. Causation can be a key issue in DUI vehicular manslaughter cases. Our Florida DUI attorneys recognize that anyone who is arrested for DUI resulting from a car accident involving serious injury or death faces very serious consequences. Our experienced Florida DUI defense law firm zealously represents those charged with DUI vehicular manslaughter or DUI with bodily injury. Our Florida DUI attorneys offer a free confidential consultation to discuss your charges so call us today.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI law firm 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 1st offense, Florida DUI law firm, Florida DUI law firms
Posted in DUI Vehicular Manslaughter | No Comments »
Thursday, August 4th, 2011
There are many aspects to a DUI drugs case in Florida that makes it different from driving under the influence of alcohol. While the process may be similar in terms of the initial stop, which must be based on a traffic violation or articulable facts that a driver is engaged in illegal activity. Once a driver is stopped an officer will typically make observations regarding the driver’s physical condition including bloodshot eyes, smell of alcohol and slurred speech. Based on these observations the officer will then typically request that the driver submit to field sobriety tests (FSTs). When the driver predictability fails the FSTs as expected, the case starts to get interesting.
If the officer has not uncovered specific evidence that the driver is under the influence of drugs, the officer usually will ask the driver to submit to breath testing. If a driver has not been drinking or has consumed a negligible amount of alcohol, there is little reason for the driver to refuse to take the breath test. If the officer still believes that a driver is intoxicated despite a breath test with a blood alcohol (BAC) test below .08 percent, the officer will then insist that the driver submit to blood or urine testing to determine if the driver is under the influence of drugs.
The problem is that the officer really has no specific evidence that the driver was under the influence of drugs merely because the driver passed the breath test. Generally, Florida’s implied consent law requires motorists to consent to chemical testing of breath, blood or urine incident to a DUI arrest. If a driver refuses to consent, the prosecutor can comment on the refusal as “consciousness of guilt” at trial. The interesting question is whether the prosecutor has the same right to comment on the refusal of a blood or urine test following a driver consenting to and passing a breath test.
If you are arrested for DUI drugs our experienced Florida DUI attorneys may be able to challenge a blood or urine test that is administered after you have been determined not to be over the legal limit of .08 percent BAC by a breath test. The key issue is usually whether the officer has specific evidence that you are under the influence of drugs. If the officer has no specific evidence to support a belief that you are under influence of drugs beyond the fact that you passed a breath test, we may be able to have subsequent urine or blood test results suppressed or convince the judge that your refusal to submit to blood or urine test may not be used against you at trial.
While it is never advisable to drive while under the influence of drugs (or alcohol), anyone stopped who has taken any type of drug whether legal prescription, over-the-counter medication or street drug should not volunteer any information to an officer about any such drug use. It is also important to realize that drug paraphernalia, prescription bottles or pills left in plain view in a driver’s vehicle may provide sufficient evidence of a driver being under the influence of drugs to require a urine or blood test even though the driver has successfully passed a breath test.
If you or someone you love is arrested for DUI drugs and forced to submit to a urine or blood test after successfully passing a breath test, our experienced Florida DUI defense attorneys may be able to file a motion to suppress the test results or any reference to the refusal. Our Florida DUI defense attorneys offer a free initial consultation so call us today.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI law firm 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 1st offense, Florida DUI law firm, Florida DUI law firms
Posted in Florida DUI Chemical Tests | No Comments »
Wednesday, August 3rd, 2011
Many people who not only receive charges for driving while under the influence of alcohol or drugs, or in driving in general do not understand the full spectrum of what you constitute when you are behind the wheel of a motor vehicle. In Florida, law enforcement entities are able to investigate and administer blood, breath, or urine tests to gain physical evidence to prove to the prosecution and court of law whether or not you were truly driving while under the influence. This power of the law is known as Implied Consent. When one receives or registers for a driver’s license within Florida, as well as most of the United States, you automatically become susceptible to having to participate within any tests that are the result of being stopped and with the law enforcements strong belief that you are participating in illegal acts such as drinking and driving.
Although you may be tested using either a breath, urine, blood, sobriety field test, or possibly more evidentiary breath exams, it does not mean that you will not be tested in more than one way. Law enforcement entities are not required by law to inform the individual who is allegedly behind the wheel that the tests and investigation that they administer are all completely voluntary. However, keep in mind that if one refuses to participate in such examinations, some pretty intense consequences will be an immediate result of that action. Actually, it is considered a misdemeanor crime if a person does not participate in the exams and will inevitably result in the suspension of the individual’s driver’s license for either a period of six months, or up to eighteen months if it is not the individual’s initial refusal of such tests
Also, some individuals feel that the Miranda Rights should apply to Implied Consent. However, the court of law does not hold the Miranda Rights responsible for the individual of what they should know even before attaining a license. In other words, just because the Miranda Laws are usually required, they are not for driving while under the influence case, which means many should expect to be required to take exams even if a police officer does not state as to why he is conducting the tests. Implied consent, however, only applies if the individual has been arrested as an incident of the stop, and it must have a valid reason as to why the individual was stopped in the first place.
Call 1 800-687-2252 to Speak With a Florida DUI lawyer In Your Area.
Hiring a Florida DUI law firm 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 law firm, Florida DUI law firms, Florida's implied consent law
Posted in Florida's Implied Consent Law | 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 »
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