Posts Tagged ‘Florida DUI Laws’
Friday, August 19th, 2011
Traditionally, open house parties involve a social gathering that are planned for a certain timeframe with guest free to come and go without staying for any fixed period of the party. While the notion of an open house party may have originated with realtors who would use the party to show the house to a large number of buyers in a short period of time, it has now become associated with teenage gathering. Many times those under the age of 21 attend these parties and consume drugs and alcohol. The parties have become so prolific that Florida has enacted an Open House Party Statute imposing criminal penalties for such parties where minors consume alcohol.
The law imposes criminal penalties on any adult who has control of a residence and permits a house party where the person knows or reasonably should know that minors will possess or consume alcohol. To avoid criminal liability, the adult must take reasonable steps to prevent minors from possession or consumption of alcohol. The law is designed to discourage parents from allowing minors to have access to alcohol in their home. The law provides an exception when the alcohol consumed by minors is part of a religious observance.
The penalties for permitting a minor to consume or possess alcohol in one’s home during a house party include a maximum of 60 days in jail and a maximum fine of $500. The Florida criminal offense is considered a second-degree misdemeanor under Florida law. It is important to understand that this statute does not require that the person charged actually furnish alcohol to a minor but merely that the parent should reasonably have known that minors would be possessing or consuming alcohol regardless of the source of the alcohol.
The goal of the Florida Open House Party Statute is to keep teens from drinking and driving. While any driver who is under the influence of alcohol may pose a serious risk of being involved in a fatal auto accident, teen drivers pose a particular risk because of their youth and inexperience. A study conducted by the CDC revealed that almost half of all teenagers admit drinking alcohol within a previous 30 day period. The National Highway Traffic Safety Administration (NHTSA) reports that 23 percent of teenagers involved in fatal car accidents have a blood alcohol level over the legal limit of .08 percent.
While the Open House Party Statute targets teenagers driving under the influence of alcohol, an adult who allows a house party where the adult reasonably should know that teenagers will have alcohol cannot escape criminal liability by taking a teenagers keys. The law makes it a crime to allow teenagers to possess or consume alcohol regardless of whether they drive a motor vehicle. The bottom line is that there are serious risks associated with allowing teenagers to consume alcohol at a party in your home.
If you are facing alcohol related charges including charges involving furnishing alcohol to a minor, DUI or other alcohol related offenses, our experienced Florida DUI defense lawyers are prepared to fight vigorously for your rights. Call today to arrange an initial no obligation free consultation.
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 Laws, Florida DUI Lawyer, Florida DUI Lawyers
Posted in Underage Drinking | No Comments »
Tuesday, August 2nd, 2011
With the way these days are going, anything is possible, and also apparently between drinking and driving. Recently, a man was arrested and convicted of a DUI charge that was merely sitting within his car not operating a motor vehicle. In a recent case within Florida, a man had consumed a few alcoholic beverages at the South Beach location with a few of his close friends. At one point he decided to turn in for the evening and return home. When on his way home, he then came to the realization of how tired he truly was and the actual amount of alcohol he consumed.
At that point, he then pulled and parked off of the road and sticks it out until he felt unaffected by the alcohol or until someone could get him. However he had no cell phone within his possession at the time, which resulted in what anyone would do, simply reclined the seat and decided to just sleep it off. Yet, logical thoughts that take consideration of many factors in that seem right to all seem to argue to illogical laws. In the Florida stature, it is said that whether you are driving the vehicle or not, if in the driver’s seat of the motor vehicle you will be held responsible and inferred by a law enforcement entity that you are driving while under the influence of either alcohol or other substances.
Well, the man had a blood alcohol content (BAC) level higher than the legal limit, which is set at .08. Even if someone is simply trying to make the responsible, mature decision to not only ensure the safety of themselves, but also others you face the risk of still being arrested from drinking and driving either way. However, in reality do we really want to have a person drink and drive or drink and be responsible, which sets a positive example for all to see? If you or another individual is ever in this type of situation please follow this man’s example, but in addition do not make the same mistake. Turning the car’s engine off, calling another to come and pick you up from your car, and especially not being in the motor vehicle operator’s seat will certainly change the outcome. Even though the man exhibited a great example, when a person consumes alcohol they should always have a plan as to how they are getting place-to-place, and home without having to operate a vehicle.
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 Laws, Florida DUI Lawyer, Florida DUI Lawyers
Posted in DUI Without Driving | No Comments »
Friday, July 22nd, 2011
In the United States, it is stated that over 24 million individuals are living with diabetes, whether they are aware or not. With the number of those who have diabetes, only close to a fourth are unaware that they have diabetes, which some go their whole life without even knowing, living life day to day unknowing of what could potentially occur within their body.
However, what does diabetes really have to do with driving while under the influence, or even driving in general? All an individual really has to do is line up what alcohol does to the body, right by what diabetes does to the body and you can easily understand what issues could erupt. Diabetes, in simply terms, is the body’s inability to produce and use insulin in a natural way, which sugar cells to be accepted by blood cells. Think of it as a car door having a lock, in which a key unlocks the door giving way to the person entering and providing multiple functions within the vehicle.
When one has diabetes, they cannot naturally make the much needed insulin, which is necessary for our muscles and liver. Therefore, they must self-administer daily insulin injections either with a pump or syringe. In an incident where a diabetic has a low blood sugar as the result of not eating for a significant time period, all of the insulin ends up in unneeded places, which then affects many reactions an individual can display such as: fatigue, seats, irritability, difficulty paying attention, and body shakes. If the incident is left untreated, a diabetic coma will then be a possible direct result from such instances.
However, these very possible, reported situations of a diabetic being easily being mistaken for someone driving while under the influence of alcohol of other substances. An example would include if a man were on the way home from a night of food and fun with friends. He then begins to experience dizziness, as well as swerving and fighting to not only control the car, but also himself. From there, he passes a place that a cop is parked checking the speed of approaching motor vehicles and mistakes him for a DUI possibility. He then is pulled over, and not being able to speak clearly can not retain the information necessary for the officer to understand to not only help him get out of any DUI charge, but also medically aid him.
However, the officer charges, and arrests the man, which now he could easily face time behind bars, heavy, harsh fines; a suspension or loss of a license, and a pretty pricey DUI school to pay for. In the case of the man knowing that he was a diabetic, all of those would not cross the mind of him or even the law enforcement officer. However, not knowing can leave the door of possibilities open to not only you behind the wheel, but also health wise as well.
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: best florida dui lawyer, Florida DUI Attorney, Florida DUI Laws
Posted in Florida DUI Breath Test | No Comments »
Friday, April 15th, 2011
The Florida Supreme Court has made it more difficult for Florida prosecutors to prevail in DUI cases where breath test results constitute the strongest evidence against a driver charged with driving under the influence of alcohol. The state’s highest court affirmed lower court decisions in Sarasota and Manatee counties ruling that those accused of DUI are entitled to review computer code inside the Intoxilyzer 8000 to analyze how the machine works. The Intoxilyzer 8000 is the only breath test machine approved for use in Florida for DUI breath testing. However, CMI, the company what makes the machine, has refused to provide the information on the grounds that it is an important trade secret. CMI’s position has placed prosecutors in the position of having to agree to reduced charges or in other cases agree to dismiss hundreds of DUI cases during the last few years.
Prosecutors insist that even without release of the machine’s source code, they can still use the breath tests but it means more time and incurring the additional expense of flying in an expert for trial at the rate of $1,000 per case. Florida DUI defense attorneys have indicated that there are hundreds of Florida DUI cases that may be impacted by the court’s ruling that the code for the machines must be provided. This may continue to be a valuable tool for Florida DUI defense attorneys because CMI does not seem ready to relinquish the source codes anytime soon. The company has incurred an estimated $2 million in fines for contempt of court as a result of the company’s refusal to comply with court orders to produce the computer code.
Even prior to this ruling, there were many legal strategies an experienced Florida DUI attorney could use to challenge breath test results. There are a number of reasons that breath test results can be inaccurate. The machine often measures chemicals with molecular structures similar to those found in alcohol. According to Dr. David Hanson, there are in excess of a hundred substances can be found in the human breath at any one time, and 70 to 80 percent of them contain a methyl group structure and will be incorrectly detected as ethyl alcohol. Diabetics, for example, have extraordinarily high levels of acetone, a substance that some breath machines mistake for ethyl alcohol. Women are also more likely to register a false positive breath test. Some breath machines are preset based on a specified hematocrit, which is the percentage of whole blood that is composed of red blood cells. Men typically have hematocrit values that exceed those of women, and many breath test machines do not account for the gender of the person providing the sample.
The ruling by Florida courts have added to the shaky nature of DUI cases that rest primarily on breath test results. If you have been arrested for DUI anywhere in Florida, you should contact an experienced Florida DUI attorney who may be able to use the Florida Supreme Court’s ruling or other legal or factual arguments to have your breath test excluded and your charges reduced or dismissed.
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: Court Ruling Cast Doubt over Use of Florida Breath Test Results, Florida DUI Laws
Posted in Florida DUI Courts | Comments Off
Friday, April 1st, 2011
A fatal alcohol-related accident in Florida can be a devastating and life-changing event. The lives of both the accident victim and the intoxicated driver as well as that of their families are likely to be changed forever. Much is written about the effect of drunk driving accidents on drivers and pedestrians that are killed as well as the impact on the drunk driver who may spend years in jail. However, auto accidents caused by someone who is driving under the influence of alcohol can involve another victim rarely contemplated by most – an unborn fetus. If you are involved in a fatal accident with someone who is pregnant, you may face criminal liability not just for the death of the mother but of the pregnant mother’s unborn child.
Most drivers involved in Florida DUI fatality accidents are not bad people but normal law-abiding citizens who make a tragic mistake. A person charged with vehicular homicide may be a parent to a small children, a college student loved by his or her parents and a successful productive member of our society. While people are quick to voice condemning tones toward those are involved in a fatal accident while under the influence of alcohol, many of those same voices become quite hushed when the same people are asked if they have ever climbed behind the wheel after drinking. The public condemnation, personal anguish and damage to one’s reputation of a fatal DUI accident is even more devastating when the victim is considered particularly vulnerable such as a child or unborn fetus.
Vehicular homicide is defined under Florida law to include “the killing of a human being, or the killing of a viable fetus by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another” [emphasis added]. If you are involved in an accident in Florida with a pregnant mother, you can be prosecuted not only for the death of the mother but for the death of the unborn fetus. The emotional, legal and financial consequences of such a conviction can affect a person long after any period of incarceration. The Florida Vehicular Homicide Statute requires that the fetus be viable outside the womb for you to also be charged with the death of a fetus.
The criminal offense of vehicular homicide in Florida is sometimes called “vehicular manslaughter” because you can be convicted even if you do not know that the accident caused injury or death. An even more troubling aspect to being charged with vehicular homicide in Florida is that it can result from an accident that would have been inconsequential had not someone suffered injury or death. This means that if you are involved in a car accident at a relative low rate of speed, you can still be charged with vehicular homicide if your blood alcohol level is over the legal limit in Florida of .08 percent.
Under Florida criminal law, vehicular homicide is a second-degree felony, which is punishable by a maximum sentence of fifteen years in state prison and a maximum fine of $10,000. If you knew or should have known that the accident occurred and fail to stop to render assistance as well as provide information as required under Florida law, the penalty can be enhanced to a first-degree felony punishable by up to thirty years in state prison.
If you are involved in a fatal car accident in Florida while driving under the influence of alcohol you face life-changing charges. However, the fact that you have been charged does not mean that a conviction is inevitable. There are many defenses that may help keep you out of jail and lead to either dismissal or reduction of the charges. If you have been arrested for vehicular homicide, our experienced DUI vehicular homicide attorneys can assess your situation and advice you of your rights and potential defense strategies.
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 fatality accidents, Florida DUI Laws, Vehicular homicide is defined under Florida law
Posted in Florida DUI Homicide | Comments Off
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