Broward DUI Lawyer Blog

A woman suspected of a Fort Lauderdale DUI manslaughter, resulting in the death of a pregnant woman and her unborn child, has turned herself in on the advice of her Fort Lauderdale DUI defense attorney.

As we previously reported in our Fort Lauderdale DUI Lawyers Blog, the victim had been using a pool cabana restroom when the driver reportedly plowed into that building, killing the pregnant woman, a tourist from Massachusetts, inside.

Various media reports have indicated that the 34-year-old woman had drank a martini at a restaurant with her husband, with whom she was fighting. She reportedly left the restaurant in a fit of anger, speeding away as her husband called after her.

We do know that she crossed the median into oncoming traffic and that she then struck the cabana restroom.

However, she was not immediately arrested at the scene. What that tells us is that there may have been nothing to indicate at the time that she was intoxicated beyond the legal limit.

What that meant for her was that police administered a blood test. Those tests can take weeks to return results, unlike a breathalyzer, which is administered on the spot.

That's what happened here. The crash happened March 18, though the driver did not turn herself in until May 10.

According to police, the Plantation woman's blood alcohol level was indeed over the limit - in fact, more than three times over the limit, measuring at .24 percent. The legal limit is 0.08 percent.

She was charged with DUI manslaughter with impairment, DUI manslaughter with unlawful blood alcohol level and DUI property damage.

However, even if her blood alcohol limit had been below 0.08, the woman still could have been charged with vehicular manslaughter.

It's important to note that she is not charged in the death of the victim's unborn child. Under Florida Statute 782.071, which is the vehicular homicide law, a person can be charged with killing an unborn person via injury to his or her mother - given that the fetus is viable, or in other words, can survive outside the womb. In this case, the victim was 7 months pregnant.

Now this could soon change, as there have been numerous bills in the past few years - the most recent in March - that would have addressed this. However, each of those bills has died in committee.

After turning herself in, this defendant posted bail and was released from the Broward County Jail within about 12 hours.

Continue reading "No Winners in Fort Lauderdale DUI Manslaughter" »

Our Fort Lauderdale DUI attorneys know that sometimes, under the influence of alcohol, people don't always think about their words before they open their mouth.

In many cases, that results in a Fort Lauderdale DUI because people speak to freely about where they're coming from, where they're going and how much they've had to drink. You are under no obligation to answer these types of questions from an officer. In fact, they can often get you into trouble.

However, a lot of times, officers don't even have to ask these questions. People offer information spontaneously. And sometimes, they offer a lot more than that.

Such was the case for a 29-year-old owner of a Fort Lauderdale bar.

According to 25WPBF News in Boca Raton, police stopped the driver of a Mercedes Benz on suspicion of drunk driving. He had reportedly been driving erratically and speeding in the Mizner Park area.

There were pedestrians in the road, and police felt the driver was posing a significant danger.

The officer reportedly approached the driver after he had exited his vehicle, after he had stopped and handed his keys to a valet. When the officer tried talking to the driver, he told them that he needed to use the facilities and tried to talk away.

The officer did not allow the driver to walk away, and instead requested that he complete several field sobriety tests. Those included commonly-known tests such as reciting the alphabet, touching his finger to the tip of his nose and standing on one leg. He failed.

He then refused to submit to a breathalyzer test. Under FL DUI laws (specifically, implied consent, which is found in Florida Statute 316.1932), that will mean an automatic 1-year suspension. For a second offense, it's an 18-month suspension.

But it's what he said next that could have landed him in even more trouble. The suspect reportedly told the officer that he hoped the officer would get shot in the line of duty, adding, "I always get what I want."

Now, there is no indication that this individual had a weapon or any means by which to actually carry out this threat. This is likely why he wasn't charged with an additional crime.

However, he could have been. Under FL Statute 838.021(b), a person who threatens harm to a public servant can be found guilty of a third-degree felony, which carries a maximum prison sentence of five years.

The defendant may have been half-kidding or spoken these words out of anger, but the consequences could have been severe.

Another point that's important to make is that while a police officer who stops you is certainly not your friend and is not looking out for your best interests (that's what your attorney is for), it is worth your while to remain polite and courteous to him or her. Sometimes, there is a fine line of discretion an officer walks when deciding whether to arrest someone for a Fort Lauderdale DUI. If you are rude and disrespectful, you greatly increase your chances of ending up behind bars.

Continue reading "Fort Lauderdale DUI: Suspect Threatened Arresting Officer" »

Miami DUI defense attorneys have a warning about the upcoming Memorial Day weekend: cops will be out in full force, looking to nab those suspected of a Fort Lauderdale DUI.

The Miami Herald reports that law enforcement agencies throughout the state - but in Miami in particular - are beefing up patrols in an effort to curb drunk driving.

Memorial Day is Monday, May 28. However, it's expected the entire weekend will be jam-packed with parties, and officers are expecting mayhem - particularly on South Beach.

In fact, last year's Memorial Day celebrations ended sadly, with 11 police officers gunning down an unarmed man on Collins Avenue. The driver, who later died, had been attempting to flee. However, several innocent bystanders were struck as well.

Club promoters on Miami Beach say those coming to celebrate have all but forgotten the incident as they make their plans. In fact, hotel room bookings are higher than ever, he told the newspaper.

Last year, some believed that the heightened police presence contributed to tensions between revelers and police, which ultimately led to the shootings. However, police have indicated that will not stop them from even further increasing their numbers on Miami streets this Memorial Day.

Some of what is planned? There will be a checkpoint. There will be watch towers. There will be police working in pairs on nearly every corner. there will be police surveillance on all three causeways leading to South Beach.

Police say they're trying to curb the volume of people showing up to celebrate, saying they simply can't handle the large crowds that have descended on the beach in recent years. The agency is expecting more than 1,000 arrests this year.

In response, there will be a host of changes this year. Here are some of them:

• Several dozen officers will have a zero tolerance policy with regard to disorderly conduct;


• Pairs of police stationed on Ocean Drive, Collins Avenue, Fifth Street and Washington Avenue;


• Ocean Drive will be closed, Washington Avenue will be southbound, one-way and Collins Avenue will be northbound, one-way;


• Roadblocks will be set up on many of the cross streets;


• A DUI checkpoint has been scheduled from Friday at 8 p.m. to Saturday at 6 a.m. on the MacArthur Causeway. They won't be stopping every single car, but those who are stopped will be expected to have current registration, and officers will specifically be on the lookout for those with outstanding warrants or who are impaired;


• Only Miami and Miami Beach residents will be allowed to cross the Venetian Causeway, though this will be based on an honor system;


• Police will be setting up license plate readers on the MacArthur and Julia Tuttle Causeways in an effort to track every car that comes into South Beach, specifically to scan for stolen cars, expired registrations and warrants;


• Police intend to set up cameras that can be set up at four towers throughout the city so that officers will be able to view and rewind video of any incidents;

Continue reading "Miami DUI Defense: Memorial Day Will Mean Beefed Up Patrols" »

A Broward DUI arrest resulted in a Miami radio deejay's termination last month.

Broward DUI defense attorneys know that even though an arrest does not mean you're guilty of anything, it can still put your personal and professional life in jeopardy. That's why we handle our cases with a great deal of discretion. While Florida's Sunshine Laws mean that anyone's arrest state arrest record is considered public (with a few exceptions), your Broward DUI arrest isn't likely to end up in the newspaper or the 6 o'clock news, unless it's serious or someone is hurt - or you're a local celebrity.

In this case, it was Sid Rosenberg, the WQAM-AM (560) sports radio host. His charges were Broward DUI and driving with a suspended license. Broward County court records indicate his license has been suspended three times before.

Police say Rosenberg was found in the middle of the road on 63rd Avenue, in the driver's seat of his vehicle, the door open, the engine running. Officers later learned Rosenberg had been on his way home to Boca Raton from a strip club in Miami gardens.

The two responding Hollywood police officers called a third. That officer reported that when he arrived, Rosenberg was lying on the ground behind his SUV. He was reportedly lying in a fetal position, trying to make himself throw up. Officers noted there was vomit on his clothing, in addition to it being inside the car and on the driver's side door.

The officer further noted that there was a strong odor of alcohol coming from Rosenberg's breath, he was crying, his speech was slurred, his eyes were red and his face was flushed.

Rosenberg at first agreed to take a field sobriety test, but then changed his mind. This might not have been a bad move, except then he told the officers that he knew that he would fail it. He declined to take a breathalyzer as well.

At that point, he was placed under arrest and transported to the Broward County Jail.

If convicted on the DUI charge, Rosenberg would face up to one year in jail, plus a maximum fine of $2,000 and 50 hours of community service.

If he attends rehab, there is a provision that allows the court in some cases to count the time spent in rehab as "incarceration," meaning it would be time off his jail sentence if he were to go. He has reportedly been to rehab several times, according to various news reports.

Of course, having an experienced Broward County DUI attorney who can help negotiate those terms is going to likely make a big difference in the outcome of the case.

Rosenberg, who is also author of the book, "You're Wrong and You're Ugly," was subsequently fired from his radio hosting job after his arrest. His book contains chapter titles like, "Maybe Getting Loaded Before That Press Conference Wasn't a Good Idea."

Continue reading "Broward County DUI Means Firing for Miami Sports Radio Host" »

Fort Lauderdale DUI child endangerment charges are serious, and for a first offense, can result in fines of up to $2,000 and nine months behind bars, according to FL Statute 316.193(4).

Fort Lauderdale DUI child endangerment defense attorneys know that this can mean something as simple as having a glass of wine while out to dinner with your family and then being stopped on your way home.

One recent case out of Sarasota, though, proved markedly more bizarre.

According to NBC Miami, two grandparents were arrested on DUI child endangerment charges after they were stopped by a sheriff's deputy who noticed them towing a child's toy car behind their own sport utility vehicle. Their granddaughter, age 7, was reportedly in that toy car, which had been attached to the real car using multiple dog leashes tied to the trailer hitch.

The toy car was described by the deputy as small and plastic, and the child allegedly was wearing no helmet or other protective gear. Instead, she was wearing a bathing suit. The toy car did not have seat belts, although even if it did, the vehicle would not have been road-worthy.

In fairness, the vehicle wasn't going fast - between 5 and 10 miles per hour, according to deputy estimations. Still, one could argue that pace would be enough for a child to suffer scrapes and bruises had she fallen out.

When the deputy stopped the car and questioned the two grandparents, ages 47 and 49, he noted the two had bloodshot, watery eyes. The grandfather, who was behind the wheel, said his license had been revoked for a period of 10 years for a prior DUI. He admitted to deputies that he had drunk a few alcoholic beverages.

The grandmother, meanwhile, had reportedly been leaning out the back hatch of the vehicle, cheering the girl on. She also allegedly admitted to having several drinks.

When questioned by authorities, the grandmother said she knew what they had been doing was dangerous, but they were just trying to have a good time and had been doing this.

The girl's father - the grandmother's son - reportedly arrived livid with his parents.

The grandfather refused to undergo a field sobriety test, and was held on $7,500 bond on his fourth DUI. He was additionally charged with driving on a suspended license and cruelty toward a child. The grandmother was arrested on a charge of child cruelty, though she has since been released.

Florida is one of 41 states that increases the penalty for DUI when a child is in the car. A "child" is defined as any passenger under the age of 18.

Penalties for a Fort Lauderdale DUI can also be increased if you have a blood alcohol level that is higher than 0.15 percent or if it is your second or subsequent offense.

For example, a third or subsequent DUI offense can result in up to 1 year of incarceration and $4,000 in fines.

Continue reading "Fort Lauderdale DUI Child Endangerment Garners Stiffer Penalties" »

With Cinco De Mayo coming up this weekend, of course many Fort Lauderdale DUI defense lawyers will be providing tips on how to avoid a Fort Lauderdale DUI.

This is important, for sure, because roving patrols will be out and officers will be out in full-force looking to bust drunk drivers.

However, what sometimes gets lost in the discussion of debauchery during drinking holidays is the No. 1 complaint from the public: Public urination.

This might seem like a mere wee bit of trouble, but it is considered a violation of both city and state laws.

In the city code, as defined in Fort Lauderdale City Ordinance, Sec. 16-75, public urination is considered a type of public indecency. It falls in the same category as having sex in public or flashing your sexual organs. A citation under this statute can mean a fine of up to $500 and a jail sentence of up to two months. Additionally, it could mean mandated community service and probation.

In state law, urination in public is addressed in FL Statute 800.03. According to the statute, it's considered lewdness or indecent exposure. It's considered a first-degree misdemeanor, which means it's punishable by up to one year in jail.

Of course, nobody sets out to pee in the street in the midst of their Cinco De Mayo celebrations. But sometimes, bathrooms are hard to come by, especially if there is a large, crowded party, packed with a lot of people. It also doesn't help when your judgment - and your bladder - are impacted by a night of downing Dos Equis, Coronas and margaritas.

Being arrested or cited for such a law is not only going to cost you, it can be embarrassing, in some cases even affecting your ability to find or keep your job (particularly if you work in the public sphere or with children).

The crime is considered more serious if there are children actually present at the time you relieved yourself, which is more likely if you are at a public event.

And not to scare anyone, but it is possible that if you're convicted under the indecent exposure statute, you may have to register as a sex offender. This is why you can't take a Fort Lauderdale public urination arrest lightly.

Other common Fort Lauderdale Cinco De Mayo offenses include disorderly intoxication (FL Statute 856.011), open house parties (856.015), and loitering or prowling (856.021).

It's important that you contact an experienced Fort Lauderdale criminal defense attorney as soon as possible following your arrest.

Continue reading "Public Urination on Cinco De Mayo: More Than a Wee Bit of Trouble" »

Fort Lauderdale DUI attorneys know that in cases that result in a death, emotions run high.

However, that doesn't mean the facts of the Fort Lauderdale DUI case warrant felony charges, as opposed to misdemeanors.

A perfect example of this happened recently in Palm Coast. Now, that is nearly five hours from here, but the same DUI laws are applicable regardless of where you live in Florida, so it's relevant for those arrested for Fort Lauderdale DUIs as well.

Here's what we know of the case, as reported by The Daytona News-Journal:

A 15-year-old was riding his bicycle at night on a dark road. He was struck by a 32-year-old pickup truck driver. The 15-year-old was killed, just one month shy of his 16th birthday.

The case was horribly tragic.

Now here's where it gets tricky.

The driver of that pickup truck was found to have a blood alcohol level of 0.15 - more than double the legal limit of 0.08.

Usually, under those circumstances, a state trooper would file DUI manslaughter charges, which would fall under FL Statute 316.193. This is a second-degree felony, punishable by up to 15 years in prison.

And yet, the driver is charged with misdemeanor DUI, punishable by up to 6 months in jail and a $1,000 fine.

How is this possible?

The teen who was on his bicycle on that dark road did not have the proper lights or reflectors on his bicycle, as required by state law. What's more, troopers could find no evidence that the driver was responsible for the crash. He stopped immediately following the accident. Troopers said other than his blood alcohol level, there was no indication that he was intoxicated. Another driver who was close behind even said the defendant hadn't been swerving or doing anything else that would indicate he was drunk.

There was also another teen who was riding his bike alongside the 15-year-old. He did not have reflectors on his bicycle either.

The trooper, in an interview with the paper, noted that if the teens had reflectors on their bikes, he would have charged the pickup truck driver with the more serious charge, reasoning that if the reflectors had been on, the driver would have most definitely seen the cyclists.

So while he was impaired, he did not cause the accident.

The pickup truck driver then pleaded no contest to the misdemeanor DUI charge. His vehicle was impounded. He was ordered to complete 50 hours of community service. He had to pay a $500 fine. He lost his license for six months. And he was given one year of probation and no jail time.

In this case, law enforcement stepped up at the outset and created a report based solely on the facts, and not emotions. However, this is not always the case. It's easy enough to want justice for a family who has suffered such an incredible loss. However, that should not be done without regard for the facts of the case and the law. This is why hiring a skilled Fort Lauderdale DUI attorney is so vitally important.

Continue reading "Fort Lauderdale DUI: Misdemeanor vs. Felony" »

A Fort Lauderdale battery case has taken an interesting turn, with the defendant's Fort Lauderdale battery defense attorney contending he was too drunk to remember what happened.

You may have heard of this case in a recent article in The Sun-Sentinel: A tourist, after several hours of drinking, allegedly picked a fight with a passerby, who reportedly attempted to walk away, at which point the suspect lunged at him, biting of a chunk of his ear.

Now, his attorney hasn't denied any of this. In fact, that would be difficult, considering there is video that has been posted to the sharing website YouTube that captured the entire exchange. Plus, it was reportedly a police officer who broke it all up.

What his attorney is saying is that his client was so intoxicated that he remembers nothing of the incident. He blacked out. The alleged victim, whose ear could not be reattached, has said he wants an explanation of why the aggressor in the case was so angry that night. But that's the one answer the defendant may not be able to give him.

The tourist has been charged with aggravated battery, as defined under FL Statute 784.045. This means that the accused "intentionally or knowingly" has caused great bodily harm, permanent disfigurement or permanent disability. That intentionally or knowingly part may be the part of the charge the attorney is trying to attack.

Up until 1999, there were certain charges that, under Florida law, if you were drunk, you could duck responsibility on the basis that you were drunk and did not know what was happening. It all went back to intent. If you did not intend to commit the crime, then you could not be held responsible. So if it could be proven you were too drunk to understand the consequences of your actions, you could be found not guilty.

But FL Statute 775.051 changed all that. Under this law, voluntary intoxication was abolished as a viable defense. What that means is that if you intentionally consume drugs or alcohol, you can be held responsible for the actions you commit if you become intoxicated - even if that intoxication reaches such a point that you don't understand the consequences of your actions and had no ill intent.

That being said, there is an exception to this rule. That is involuntary intoxication. For guidance on this, we look to the ruling handed down in the 1995 court case Miller v. State. In this case, a Florida appellate court ruled that a person could be completely relieved of culpability for a crime if they were rendered temporarily insane by involuntary intoxication. What that means is that if you consume drugs that are legally prescribed to you by a doctor, and as a result, you become unexpectedly and severely intoxicated, in turn committing a crime for which you had no intent or understanding of - this can be a valid defense.

Of course, this defense is somewhat rare because, usually, in cases of drug consumption where there was a legal prescription, a person has not used the medication as it was prescribed.

It is however, a possibility, and one that you should discuss with an experienced Fort Lauderdale criminal defense attorney as soon as possible following your arrest.

Continue reading "Fort Lauderdale Battery: Is Being Drunk a Defense? " »

Once again, information is coming to light about police trying to conceal or alter evidence in a South Florida DUI case.

Our South Florida DUI attorneys recently reported about a Coral Springs DUI case that was ultimately dropped when audio recording showed the officers lied about an elderly woman being intoxicated - simply because they felt she was rude to them.

Now, a Hollywood DUI case has been tossed after two officers allegedly conspired to falsify documents following a crash.

The Sun-Sentinel reports that a Hollywood police officer has lost his job and is pleading guilty to falsifying an accident report.

The 39-year-old cop was slated for trial on official misconduct charges following a crash that occurred in Feb. 2009. What is alleged to have happened as that the officer was involved in an accident with another motorist while beneath an overpass on I-95 in Hollywood.

Another officer who responded to the scene soon came to the conclusion that the driver of the other vehicle was intoxicated. That officer then told the one who had been involved in the accident not to worry that he had rear-ended the other vehicle. He said he would write the report in such a way as to relieve his fellow officer of any fault.

What those officers may not have realized at the time was that their conversation was being recorded by the dashboard camera, affixed to the responding officer's cruiser.

The responding officer told the other that while he would never make anything up, he had no problem "bending a little" when it came to helping out a fellow law enforcement officer. He then said he would "Walt Disney" the report, saying it didn't matter because the other driver was drunk.

Now the clock has struck midnight and their coaches have turned back into pumpkins.

State prosecutors dropped the charges against the alleged drunk driver, following the public release of that recording.

Both officers have been fired and are being criminally prosecuted.

A defense attorney for the responding officer indicated that the tape was not indicative of criminal wrongdoing, but rather amounted to inflated egos and braggadocio.

The alleged drunk driver said she had stopped in a busy roadway when a stray cat she had picked up to take home had leaped out the window. She reportedly failed a field sobriety test, which was also recorded on the officer's dash camera. However, prosecutors apparently felt that even with that evidence in hand, the credibility of the officers had been marred beyond repair.

The responding officer was charged with felony official misconduct and falsifying records. He was acquitted of the first charge but convicted on the second. He was given three months in jail.

The officer involved in the wreck has been charged with the same, and though he faced 30 years in prison, his plea deal will serve just three months.

Continue reading "Hollywood DUI Case Dropped When Cops Falsify Records" »

A Boca Raton DUI manslaughter case that resulted in the death of a 73-year-old grandmother has resulted in a 9-year prison sentence.

Boca Raton DUI manslaughter attorneys understand he could have received as many as 30 years in prison.

According to the Palm Beach Post, the 20-year-old Boca Raton man (he was 19 at the time of the wreck) reportedly had a cocktail of marijuana, alcohol and Xanax in his system at the time he crashed his sports car.

Prosecutors contended that the woman had been taking a walk around 6:30 a.m. one spring day last year. Witnesses said they believe he had been traveling at 80 miles per hour.

The driver then left the scene, though he stopped about a half-mile away, parking his vehicle in the driveway of an unoccupied home. The front of his car was covered with blood.

He called his mother, who then called sheriff's deputies.

The woman's family members discovered her body when they went out looking for her.

DUI manslaughter, as laid out in FL Statute 316.193, is defined as a crime in which the death of any person - including an unborn child - happens as the result of a person operating a motor vehicle under the influence of alcohol or drugs. Depending on the circumstances of the case, it can be prosecuted as a second or first-degree felony. In this case, it was a first-degree felony, which carries a maximum incarceration time of 30 years.

Still, penalties can be as minimal as probation. It's all at the discretion of the judge.

Prosecutors were asking for a minimum of 20 years, while his Boca Raton DUI defense attorney was requesting that he be sentenced as a youthful offender. Under FL Statute 958, someone who is between the ages of 18 and 21 can be charged as a youthful offender, with a clean prior record whose alleged crime was not violent or a capital felony. He or she would also have to agree to plead guilty or no contest to the charges against him or her. In this case, that would have meant a maximum sentence of six years.

Many of the victim's relatives actually requested leniency for the driver, saying that he should be punished, but that they understood he had made a terrible mistake - one that he would live with for the rest of his life. No doubt, their mercy was factored into the judge's decision.

The driver's parents noted that he had come from a troubled background and that he had earned his GED and finished almost two years of college. An extended prison sentence, they said, would forever damage his life. No doubt, the memory of what happened that morning already has.

In addition to the DUI manslaughter charge, the driver was also charged with failure to render aid. While he pleaded guilty to the first, he argued that he wasn't guilty of the latter. He was eventually convicted of that as well.

Continue reading "Boca Raton DUI Manslaughter Defendant Gets 9 Years" »

A Broward County DUI suspect has been released from jail on bond - to the outrage of family, friends and anti-drunk driving advocates.

Broward DUI attorneys know that these cases are often highly emotionally charged. However, we also understand the importance of allowing the justice system to work the way it was designed.

That means allowing a defendant their freedom if he or she posts the appropriate bail and is not deemed a significant threat to the community. Family and friends of alleged victims sometimes have a tendency to treat an arrest like a conviction - assuming the person is guilty before they have had an opportunity to prove their innocence. While we can certainly understand the painful loss these families have endured, this is not the way our system operates.

While no attorney can ever promise you freedom prior to your trial, a skilled Broward County DUI attorney can often make a compelling argument.

In this case, the 38-year-old man was released with multiple conditions, following a fatal DUI in Coral Gables in which a 13-year-old girl was killed.

According to The Miami Herald and NBC6 Miami, authorities allege that the man was driving his girlfriend's sport utility vehicle on the busway on U.S. 1. He was reportedly traveling at over 100 miles an hour, and struck a minivan. The second vehicle reportedly ripped in half. The 13-year-old girl was taken to a hospital, where she later died. Her father and 16-year-old sister were also hospitalized, though they are recovering.

Police say the man kept on driving, but had to stop due to the damage his vehicle had sustained. He then reportedly tried to stagger away on foot, though he was soon stopped by police.

The defendant's bond was set at more than $200,000 - down from the $1 million it was originally. The standard amount of bond for the charges he is facing - DUI manslaughter, vehicular homicide and two counts of leaving the scene of an accident involving serious bodily injuries - is about $45,000.

The defendant was able to post that bond, and was released over the very adamant protests of the girl's family and friends outside the courthouse, who claimed the Nicaragua native (who is also an American citizen) was a flight risk.

As a precaution, the judge in the case demanded that not only the defendant surrender his passport, but his parents were also ordered to do so as well. They were questioned at length by the judge regarding their finances before he agreed to lower the amount.

In speaking from his post on the bench, the judge told the victim's family that while he sympathized with their loss, matters of law can not be decided based on how many people can rally in front of a courthouse. He wisely stated these matters would not be decided based on popularity, but rather, the law.

In addition to all this, the conditions of the defendant's release are that he is under house arrest, can not drink alcohol and can not drive a vehicle.

Continue reading "Broward DUI Defense: Lowered Bail for Fatal Drunk Driving Suspect" »

Disappointing news for those arrested for low-level Fort Lauderdale drug crimes: The governor has vetoed a popular, bi-partisan effort that would have allowed drug treatment, rather than extended jail time, for certain offenses.

Fort Lauderdale criminal defense attorneys are disheartened that Gov. Rick Scott would take this tack with the issue, particularly if the ultimate goal is lowered crime rates.

When a person is battling a drug addiction, it's become common knowledge that he or she will go to great and sometimes illegal lengths to feed that addiction. It doesn't make them a bad person - it makes them someone who has an illness.

It's also well-known that drug treatment can halt that revolving door in and out of jail and prison by tackling the root issues of the crime - namely, the addiction.

What's more, HB 177 was unequivocally supported unilaterally on both sides of the political aisle. That's because it simply made sense. It was even drawn up originally by a Republican - the same party as Gov. Scott.

Here's what it would have done:

Some people who were convicted of low-level drug crimes - possession, etc. - would have been allowed to complete 50 percent of their sentence before transferring to an intensive, in-patient drug treatment program.

Florida law currently mandates that individuals must serve at least 85 percent of their sentences before they may be released. It was a measure enacted in the 1990s in response to an explosion of crime resulting from an epidemic of crack cocaine addictions. Scott said that this bill amounted to an unwarranted exception to that rule. He said crime victims aren't honored by such a measure. It's important to note, however - these would all be non-violent offenders.

And that 85 percent rule doesn't always make the most sense, particularly when our jails and prisons are overcrowded with non-violent offenders. What's more, it's not as if these individuals would have simply been set free. They would still remain in custody - they would just be receiving much-needed drug treatment in the process.

This bill would have allowed a small group of individuals to participate, following an intensive assessment of their behavior profile, the seriousness of their addictions and their willingness to receive treatment and the likelihood that they would succeed if they got it.

The bill's Republican sponsor, Sen. Ellyn Bogdanoff, was quoted as saying she was "phenomenally disappointed."

In the first year, some 340 inmates could have participated. If the program was successful, it could be expanded.

When a person gets treatment, they're less likely to re-offend. In the end, that saves taxpayers money on law enforcement, court expenses and cost of incarceration.

Furthermore, any talk about the veto being tough on crime is baseless considering this measure would have resulted in less crimes committed.

The measure passed both the state House and Senate, with only four individuals - total - voting against it.

Continue reading "Fort Lauderdale Drug Crime Treatment Bill Vetoed " »

In what appears to be an egregious case of police misconduct, Coral Springs DUI charges were dropped against a woman after officers were allegedly caught on tape embellishing charges and joking about falsifying reports.

Coral Springs DUI attorneys know that these charges are serious. A first-time DUI in Coral Springs can result in fines between $250 to $500, plus up to 50 hours of community service, a possible full year of probation, up to 6 months in jail (9 months if your blood alcohol level is above 0.08 or if you have a young person in the vehicle with you), 12 hours of DUI school and a minimum revocation of your license for 180 days. Plus, the mark will remain on your record for life, which could impact your future employment opportunities.

A skilled Coral Springs DUI defense attorney can argue for minimal penalties or even lesser charges, depending on the circumstances, particularly for a first-time DUI conviction in which a person has no serious prior traffic offenses or criminal history.

Still, a first-time DUI in Florida is more than a minor inconvenience. That officers would impose this on a person simply because they didn't like her attitude is not only asinine, it's criminal.

Here's what we know of what happened, based on the reporting of numerous local news outlets:

A 59-year-old woman was arrested in early October on charges of driving under the influence of drugs and resisting arrest, which was filed as a felony. She had been driving along Royal Palm Boulevard that evening when she struck the curb, which resulted in her getting two flat tires on the left side of the vehicle. She pulled over and was on the phone with her insurance company when one of the officers approached her.

That officer had reportedly just gotten off duty and had stopped to help. He informed her that she would need to have the car towed, to which she replied that she was in the process of working on it. Then, another officer, who was on-duty, arrived for back-up.

The second officer reportedly demanded her driver's license, to which the driver replied, "Did you not see me on the phone?" The officer had testified that the driver told her to "talk to the hand."

But what none of those involved may have realized at the time was that the entire conversation was being recorded by the insurance company. That recording backed the driver's version of events, and the second officer can be heard responding the driver with a string of expletives and demands to hand over her license. The driver was trying to get a time frame on how long it would take for the tow truck to arrive.

The recording was still ongoing as the driver was pulled from the car, and heard crying and saying the officers were hurting her. The recording also reportedly captured the officers discussing how they would "get their story straight." Another admits on the recording to using an "f-bomb," and the other officer laughs and essentially says he wouldn't testify to that in an internal affairs investigation.

In addition to going to jail, the woman's license was immediately suspended because officers said she refused to provide BAC. But in fact, that wasn't true. Prosecutors ended up dropping the initial DUI charge because a urine sample proved the only drugs she was on were antidepressants.

The DUI and resisting charge were dropped by prosecutors on the basis of that. However, there were other misdemeanor charges that were still pending, until the driver's Coral Springs criminal defense attorney requested the recordings from the insurance company.

The Coral Springs police department is conducting an internal investigation into the matter.

Continue reading "Coral Springs DUI Charges Dropped; Officers Accused of Falsifying Reports" »

Police are investigating an alleged Fort Lauderdale DUI manslaughter that resulted in the death of a pregnant woman and her unborn child.

Fort Lauderdale DUI manslaughter attorneys know that in cases of a traffic homicide, the investigations can take anywhere from six months to a year to complete. That means it may be some time before there is an arrest or before the full scope of what happened is revealed.

From what we can glean from various newspaper reports, this is what we know so far:

A 34-year-old with a snow white driving record and no prior criminal history was newly married in late February. According to what she is believed to have told police, she and her husband were dining at a restaurant on E. Las Olas Boulevard. There, she also ordered a martini with her appetizers.

At some point during the meal, she said she and her husband started fighting. She left the restaurant before finishing either her food or her martini.

She said she got into her 2006 Audi and after exchanging words with her husband through the car window, she "sped off."

Witnesses said they saw the woman driving along Southeast Fourth Street, much faster than the posted 25 mile-per-hour speed limit. What happened next is somewhat of a mystery. For reasons that aren't quite clear, her vehicle crossed into oncoming traffic, where she reportedly struck the bathroom of a pool cabana building. Inside that building was a 26-year-old woman who was 7 months pregnant. Both she and her unborn child were killed.

The driver says she doesn't recall hitting the building until she was being pulled from her vehicle. She was taken to the hospital, where investigators took a sample of her blood to get a better understanding of what her intoxication level was.

Toxicology tests can take weeks.

If her intoxication level was above the legal limit of 0.08, she could be facing DUI manslaughter charges. If it is below that level, she could still face vehicular manslaughter charges. The main difference between these two charges is the presence of alcohol.

Vehicular manslaughter, which is also known as vehicular homicide under Florida Statute 782.071, is filed when a person a person is accused of killing a human or a human fetus through reckless operation of a motor vehicle. What they mean by reckless is a manner that would be considered likely to cause either serious injury or even death. A conviction under this law is a second-degree felony, which is punishable by up to 15 years in prison. If you commit a hit-and-run, or don't otherwise attempt to render aid to the person you hit, the charge can be bumped up to a first-degree felony, which doubles the potential prison time to 30 years.

Continue reading "Fort Lauderdale DUI Manslaughter Charges Possible in Death of Pregnant Woman" »

Following minor-league pitcher Matt Bush's DUI in South Florida, in which an elderly motorcyclist was seriously injured, police learned it wasn't the baseball player's first DUI accident - that day.

Fort Lauderdale DUI attorneys know how a single incident can forever alter the course of your life and the lives of those you encounter on the road. The fact that more than one DUI incident occurred on the same day could have serious implications.

However, unlike a situation with multiple DUIs over the course of several months or years, the fact that a person has more than one incident in the same day doesn't necessarily indicate a pattern of irresponsible behavior. It shows one bad decision that led to multiple problems - and that fact could play out in his favor in terms of sentencing.

According to The Tampa Bay Times, Tampa Bay Rays player Matt Bush, 26, was being held in Charlotte County Jail on $1.015 million bond for seven criminal charges related to a hit-and-run crash that occurred in North Port last month. That incident, which happened around 5 p.m., resulted in the hospitalization of a 72-year-old man, who was in serious condition.

Upon his arrest, he told investigators that earlier in the day, he had struck a pole while driving in Sarasota. What he didn't immediately mention was that before that, he had also been involved in a crash in Venice. In that incident, he is accused of side-swiping a vehicle owned by a 70-year-old man and his wife who were stopped at a traffic signal on state route 45A. At the time, witnesses estimated Bush was traveling at speeds exceeding 70 miles per hour in a 35 mile-per-hour zone.

No one was hurt in that incident, though the man said he did need to replace his rear door.

Police in Venice say the baseball player took off from their on the U.S. 41 bypass. The elderly driver gave investigators a description of the alleged culprit - a man in his 20s who wore a hat and drove a dark-colored sport utility vehicle. He also included several numbers of the license plate. Officers issued a BOLO - or be on the lookout - for the vehicle. That was around 2:30 p.m.

About an hour later, sheriff's deputies in Sarasota, who had received word of the BOLO, notified Venice police that they, too, had just had a hit-and-run involving the same type of vehicle that had been involved in the traffic light side-swiping. In that instance, a light pole was struck, the impact leaving it halved.

About an hour-and-a-half later, Bush is believed to have struck the motorcyclist in North Port. Soon after, he was found and arrested. His blood alcohol level reportedly measured .180. The legal limit is 0.08.

In addition to his criminal case, Bush also faces a civil personal injury suit, which has been filed by the family of the motorcyclist.

Continue reading "3 South Florida DUI Hit-and-Runs in the Same Day for Rays Player" »