Broward DUI Lawyer Blog

A new study published in the Journal of Studies on Alcohol and Drugs found that one out of every five designated drivers is, in fact, intoxicated.

Our Fort Lauderdale DUI lawyers understand that about 40 percent copped to drinking at least one or two drinks during the evening before getting behind the wheel. One out of five drank enough to be drunk.

The study, conducted by researchers at Rutgers tracked designated driver trends near the University of Florida, following some 1,100 bar patrons, with about 165 elected to be the designated drivers over the course of three months. These individuals were tested six random times during that time.

Eighteen percent of those designated drivers blew a 0.05 percent blood-alcohol content or higher. Of course, this is below the current legal threshold of 0.08 percent BAC, but it still may be enough to warrant an arrest if the officer determines you are impaired anyway (though that case will be tough to prove in court). The National Transportation Safety Board is pushing states to adopt tougher DUI standards by lowering the legal BAC to 0.05 percent.

The sample of the university was fairly narrow in scope. It as 73 percent white, 63 percent male and 65 percent college students. These means that not all designated drivers may be following the same trends as described in the study, but certainly the study results warrant further study and perhaps a more effective educational campaign about the role of a designated driver.

It's estimated that every year, some 73 million Americans serve as the designated driver.

We certainly understand that being the designated driver can be difficult. Practicing self-restraint when everyone else around you is cutting lose and having a great time doing takes strong self-control.

To be clear, there is absolutely nothing illegal or wrong about having a drink or two before you get behind the wheel. The key is to ensure that you haven't crossed the threshold of impairment. An officer may be more apt to stop your vehicle if you have a car full of rowdy passengers.

The study concludes that designated drivers need to be educated that accepting those duties means abstaining from drinking entirely. Of course, it's not a bad idea to significantly limit yourself. You want to be able to look after your friends. You want to be able to get everyone home safely. But there is no law that says the designated driver can't drink anything at all. While this is the best way to avoid a DUI conviction, it's not your legal obligation.

Here are some tips to consider if you are named the designated driver:

• Plan ahead whenever you are going to socialize somewhere where alcohol is being served;


• Decide ahead of time who will and who will not drink alcohol during the event (or if you do plan to drink, decide ahead of time what your limit will be - and stick to that);


• Take turns being the designated driver;


• Larger groups should consider having more than one designated driver.

Continue reading "Study: 1 in 5 Designated Drivers Are Drunk" »

The DUI arrest of a Central Florida man is making headlines across the state after he reportedly told the arresting officer that "beer is my coffee."

Our Fort Lauderdale DUI lawyers know that when it comes down to it, such a statement, while being portrayed as humorous, is actually quite sad because it's indicative of a powerlessness over alcohol. It's reflective of a person who needs help to battle his addiction - help he clearly hasn't gotten, despite the fact that he has eight prior DUI convictions dating back to 1975 - seven in Georgia and the most recent, in 1995, in Florida.

Of course, it always possible in any DUI case that there are inherent flaws in the arrest procedure that could result in the significant reduction of charges or possibly even the dismissal of the case. Those flaws might include errors in the sobriety tests conducted, a miscalibration of the breathalyzer machine or possibly the officer didn't have enough probable evidence to even pull you over in the first place.

These are always options we will explore in depth first and foremost. Everybody is entitled to the protection of their civil rights and due process in every instance of arrest - regardless of prior criminal record or what charge is pending against them.

But let's assume for the moment that the evidence against a DUI defendant is substantial. Prosecutors have a strong case. But we have a client who is clearly in need of chemical substance treatment.

The good news is that the criminal justice system is more frequently recognizing addiction as a disease, rather than a behavioral problem. As such, the courts are more inclined to treat it that way.

Our attorneys will argue for submission to substance abuse counseling and treatment over incarceration, and workable community service over hefty fines. These kinds of offers won't automatically be on the table. You need to have a lawyer willing to aggressively negotiate them for you.

It's unclear at this point whether the defendant in this case has a lawyer. According to media reports, a police officer had stopped at a local fast food restaurant when an employee informed him that a drive-thru customer appeared to be intoxicated. The officer spotted the vehicle and attempted to stop it, but the driver reportedly drove away.

The officer followed and eventually, the defendant pulled over in a parking lot nearby. The driver told the officer he was at the restaurant to pick up a friend. The officer reported a strong smell of alcohol on the driver's breath. There were also open bottles of beer in the truck. The defendant told the officer that he drank beer for breakfast and that it was his "coffee."

The defendant subsequently failed field sobriety tests and was arrested and charged with DUI.

Florida Statute 316.193 holds that any person who is convicted of a fourth or subsequent DUI - regardless of when those prior convictions occurred - faces a third-degree felony, punishable by up to five years in prison.

Continue reading ""Beer is My Coffee" Argument Won't Fly in Court" »

Yet another case has been reported of lab mishandling of critical evidence in DUI cases.

Our Fort Lauderdale DUI lawyers understand that this time, the incident occurred in Colorado, where defense lawyers allege that many of the pending cases in the state are in doubt because of problems uncovered by an independent investigator.

Problems were reportedly uncovered with regard to inadequate training, flaws in the way forensic evidence was stored and significant evidence of bias against defendants.

This is an ongoing issue at labs across the country, and it's important to shed light on these flaws because both judges and jurors tend to lend incredible weight to the evidence presented as scientific fact. However, when the methods used to reach those conclusions are inherently flawed, the results can reflect something other than the truth. In the justice system, that means innocent people may face criminal convictions, lengthy prison terms and other severe sanctions.

One of the defense lawyers in Colorado was quoted as saying the number of affected cases are in the thousands. Many defendants are now inquiring about whether their convictions may be overturned.

The state is defending its processes, saying that the issue was isolated to a single supervisor in a single division where blood-alcohol samples were processed. The state was forced to retest hundreds of samples last spring after prosecutors learned that one lab employee had gone rogue and strayed from the state's standard testing procedures.

Among the specific list of issues at the Colorado lab revealed by the private investigator:

• It was understaffed;


• Urine and blood samples were stored in an unlocked refrigerator, leaving them vulnerable to potential tampering;


• Lab workers testifying in court said they didn't believe they had received enough training, yet they felt pressure from superiors to present themselves as experts in their field.

Other examples of faulty crime lab practices were seen in Boston and New York, just to name a couple. One chemist was accused of consistently mishandling drug cases over the course of several years, leading to 34,000 cases being reviewed, thousands of convictions being overturned and nearly 300 prisoners set free - so far. That case is still ongoing.

Another technician's mishandling of DNA evidence in more than two dozen rape cases has led to a review of hundreds of others.

A big part of the problem is that crime labs aren't transparent. They also aren't highly regulated. There is little oversight in terms of ensuring that processes are conducted according to the highest standards of science.

That means these issues of shoddy or bias work only come to light after evidence of wrongdoing is either leaked or, in many cases, uncovered by an aggressive defense attorney pressing for answers on processing.

These kinds of questions are going to become even more critical, as a recent Supreme Court decision allows for officers to collect DNA samples as part of the regular booking process for certain types of crimes. (For blood samples, however, police still need a warrant.)

Continue reading "DUI Cases Botched By Lab Mishandling, Defense Lawyers Say" »

The U.S. Supreme Court recently made a controversial, 5-4 split ruling, giving police the authority to take involuntary DNA samples from individuals arrested for felonies or other certain serious crimes.

Our Fort Lauderdale criminal defense attorneys know that even though a similar law was passed in Florida in 2009, the ruling was controversial for a number of reasons.

Not the least of these reasons is the fact that it gives broad latitude to law enforcement in determining the definition of "serious." Florida is among 28 states that allow involuntary DNA testing of individuals for felonies. A few states allow it only for certain kinds of felonies, such as sex offenses. But others also allow it for certain kinds of misdemeanors as well.

The second reason it was so vigorously opposed - by conservative Justice Antonin Scalia, of all people, who joined with the more liberal justices - was that the primary reason for the swabs is crime-solving. That's common knowledge. In fact, the underlying case in Maryland v. King involved a man arrested for assault who was swabbed after booking, with those results linking him to a previously unsolved rape.

However, the majority opinion ruled that a DNA swab was not intrusive and no different than fingerprinting someone or taking their photograph, processes that are used to identify the suspect. This is what Justice Anthony Kennedy said made it a legitimate police booking procedure. However, Scalia countered that, "The court's assertion that DNA is being taken, not to solve crimes, but to identify those in the state's custody taxes the credulity of the credulous."

Indeed.

And this is why there are grave concerns that the ruling will result in Fourth Amendment violations. The process is evidence-collection, and evidence-collection without a warrant or probable cause or anything even remotely linking the individual to a particular crime constitutes as an unreasonable search and seizure under the constitution.

However, making that argument now before a judge just got a whole lot tougher.

This is all especially troubling because it doesn't take into account the fact that an arrest is not a conviction. So a person's DNA could be swabbed regardless of whether they are guilty. In fact, many innocent people could be affected by this as well, considering many times, arrests DON'T result in convictions, at least not for the original charges.

It also opens the door for law enforcement to collect DNA samples without consent or a warrant from others who aren't convicted of a crime. Sure, it may result in more convictions in cold cases. But as Scalia also argued, the same could be said if we chose to collect DNA samples of everyone applying for a driver's license or who rode on public transportation. That wouldn't make it right.

One final point we feel important to make is that you should not assume that you never have the right to say no. In late 2010, there was a case involving a man who voluntarily submitted to a roadside DNA swab, even though he was not under arrest. (He had been stopped following a report of an altercation with a woman.) As it turned out, that DNA evidence later connected him to an unsolved rape two years earlier. He was later convicted and tried to argue upon appeal that a DNA cold hit was not probable cause for arrest. However, the Third District Court of Appeal upheld the trial court's finding, which was that because the swabs were obtained voluntarily, probable cause was established.

So make it clear you don't consent, even if you are forced to submit. That way, your attorney may have grounds on which to argue the evidence inadmissible later on.

Continue reading "Supreme Court Upholds Police Right to Swab DNA of Suspects" »

A number of high-profile fatal drunk driving crashes have resulted in arrests and, in a few cases, convictions throughout the state recently.

Our Fort Lauderdale DUI manslaughter defense attorneys know that each case highlights the importance of securing sound legal representation early on in a crash.

We know that unlike what we typically see with a lot of other crimes, those facing DUI charges are not career criminals. These are often hard-working individuals with good educations, good families, good jobs who are contributing to society in a positive way. And suddenly in a blink, everything changes.

That was the case with a 29-year-old married engineer from Tampa. His life was good. And then one night in mid-December 2011, he allegedly got behind the wheel of his Hummer while intoxicated. He ran red light. He struck several vehicles. He kept driving. One of the other vehicles he hit was occupied by a 64-year-old breast cancer survivor, a former city employee, who later died of her injuries. Authorities caught up to him and tested his blood-alcohol level at 0.25 percent. Just this past month, he entered a guilty plea in the case, facing up to life in prison for DUI manslaughter and hit-and-run. He was ultimately given 10 years.

His case shows how even someone with a stellar background and reputation can face severe consequences, which drives home the point of why it's so critical to obtain experienced legal counsel.

Other cases that are still in the earlier phases include:

The arrest of an 18-year-old woman in Cape Coral, who detectives say was both high on marijuana and under the influence of alcohol when she struck another vehicle, causing it to plunge into a canal. The driver of that vehicle subsequently drowned. Because she did not leave the scene, she is not facing a life sentence. Still, her blood-alcohol level was found to be at 0.108 percent, and as such, she faces up to 15 years in prison.

Another case out of Cape Coral involves the arrest of a 61-year-old man charged with DUI manslaughter in a crash that resulted in the death of his mother. She had reportedly shouted at him to abruptly make a left turn while he was driving her to a real estate appointment. He did so, and ended up driving into oncoming traffic. Although his blood-alcohol content measured 0.053 percent two hours after the crash, officials calculate it was probably 0.083 percent at the time of the wreck. He has three prior DUIs.

And yet another case out of Cape Coral involves a 20-year-old woman whom officers are charging with reckless driving with serious bodily injury. The woman is currently incarcerated for an unrelated robbery and assault charge. The DUI incident allegedly happened when the young woman made an improper turn into oncoming traffic. A woman who was in the vehicle with her was 12 weeks pregnant, and lost the baby as a result of the crash.

In Orlando, a 20-year-old man was arrested on charges of DUI manslaughter after he reportedly ran a red light on State Road 535, resulting in the death of a 24-year-old woman and the critical injury of a 30-year-old man.

These cases are often tragic from all sides of the spectrum and wrought with emotion. We work to ensure that emotions aren't the basis upon which your case is decided, and that your rights are protected.

Continue reading "Florida DUI News: Fatality Arrests and Convictions" »

One of the biggest mistakes people make following a Fort Lauderdale DUI arrest is failing to seek out an experienced lawyer - or any lawyer for that matter.

These individuals reason that a lawyer will be too expensive and, besides, they're only facing a misdemeanor anyway.

However, from a sheer numbers standpoint, that logic is flawed. Even if you are "only" facing a misdemeanor for a first-time offense, you are facing down a possible six months in jail plus up to $1,000 in fines. That doesn't include court costs, it doesn't include money you'll have to spend after a lengthy impound, it doesn't count what you'll have to spend to get around while not having a license, it doesn't include the cost for alcohol abuse courses, probation or interlock ignition installation and maintenance and more.

"Only" a misdemeanor will cost you somewhere between $10,000 and $15,000 - and that also doesn't factor in potential job opportunities lost as a result of having this on your record or the increase in insurance rates.

So now let's look at attorney's fees. Sure, you could strike this expense altogether by just not hiring one. Bear in mind though that contrary to what you may have heard on television, you are not entitled to a lawyer in a misdemeanor case. That means you're entirely on your own in this fight.

On the one hand, you could choose not to fight. You could simply enter a guilty plea and figure that will be the end of it. But it won't. By pleading guilty, you are admitting to the charges against you, which means you accept whatever punishment the prosecutors want to recommend.

That will include having this stain forever on your permanent record, which could affect not only your current and future employment but enrollment in school, possibly child custody arrangements and definitely your motor vehicle insurance. It will become public record, so anyone at any time can see it.

Without a lawyer, you will not have even had the opportunity to negotiate a more favorable plea deal. That is, even if you did plead guilty, you perhaps could have done so in exchange for lesser jail time or fees. In a lot of cases, if our attorneys do advise you to take a plea deal, we can negotiate terms that will allow the defendant to admit to lesser charges, which means the costs in the end aren't quite so high.

Now, if you want to fight these charges, you will without question need a lawyer. Defendants who attempt to defend themselves in DUI cases, a process called "pro se" representation, have found it to be very rarely successful. The basic procedural issues alone can be overwhelming, and that's before you get into the complexities of what it takes to establish a successful legal defense.

At the end of the day, the reality is that you can't afford not to hire an attorney. In fact, they usually pay for themselves in terms of the help they offer in navigating complex laws and working to minimize penalties.

We recognize that some of our clients are struggling financially, and we do believe everyone is entitled to a strong defense. We are committed to making sure you can be among those who won't simply throw themselves at the mercy of the court.

Continue reading "Florida DUI Costs Stack Up Quickly; A Good Lawyer Can Help" »

Florida leads the nation in boating accidents, mostly by virtue of the fact that we are surrounded by bodies of water that draw boating enthusiasts from all over the country year-round.

Even as we kick off the summer, the Florida Fish & Wildlife Conservation Commission reports that already, 10 people have died this year in boating accidents. Each year, the FWC reports rescuing about 1,000.

Our Fort Lauderdale boating defense lawyers know that driver distraction as well as intoxication are reported to be the two leading causes of serious or fatal boating injuries in Florida.

Among some of the recent cases:

• A 61-year-old Naples man who died just days ago, after the boat he was riding in struck a channel marker. The victim, the driver (his son-in-law) and the driver's wife (his daughter) were thrown into the water upon impact. Investigators say early indications are that the son-in-law was drinking alcohol and had been speeding at the time of the crash.


• Two men were pronounced dead near St. Augustine after their motorboat struck a dock late last month. The wife of one of the men was critically injured. The men were said to have suffered from blunt force injuries to the head and neck, which contributed to drowning. Investigators are working to determine whether alcohol was a factor in the crash.

Florida boating DUI arrests are as serious as those on land. Florida Statute 327.35 holds that a person who is boating under the influence of alcohol (with a blood-alcohol level of 0.08 percent or higher) or other chemical substance will be subject to a misdemeanor charge carrying a jail sentence of up to six months and a fine of up to $1,000, for a first-time conviction.

That assumes that you haven't inflicted any property damage or injuries. In a case where someone is seriously hurt, a boating DUI defendant would be facing a third-degree felony, punishable by up to five years in prison. If someone is killed, that charge is bumped up to a first-degree felony, meaning the defendant could be facing a life sentence.

It's difficult for most people to fathom those kinds of consequences when they are out on the water.

The U.S. coast Guard reported last year that alcohol was a factor in 17 percent of the more than 650 boating deaths. That's a slight increase from the year before.

There are still three states that have higher BAC standards for boating than for driving. Florida isn't one of them, and Georgia lowered its limit from 0.10 percent to 0.08 percent just last month.

It's important for boaters to understand also that the boating culture is changing. It's still relaxed, but even law enforcement on the water had historically tended to be more laid back. For example, drunk boaters were routinely ordered to simply go home - no citation, no arrest.

That's not the norm anymore. Not only are other boaters more willing to report vessel operators whom they suspect to be drunk or drinking, law enforcement are more likely to make an arrest.

We can help.

Continue reading "Florida Boating DUI in Spotlight as Summer Begins" »

Sometimes the most important pieces of evidence in a DUI case have nothing to do with the defendant or the defendant's alleged actions.

Our Fort Lauderdale DUI defense attorneys have learned that in more situations than you might expect, the case comes down to the arresting officer's actions and/or history.

Many of these cases rely very heavily on the testimony, observations and sworn statements of that officer. Unfortunately, both judges and juries tend to give incredible weight to the word of an officer, even amid the ever-strengthening case that many police officers lie. Beyond that, many are simply human and make mistakes. They could be forgiven that, but their errors can end up putting innocent people in jail.

So for our sake, what becomes important is not only determining the actions of our client, but also the actions and reputation of the officer whose testimony will become critical in the case.

That's what's happening in the case of a renowned South Florida artist, who was originally stopped for suspicion of DUI. However, breathalyzer evidence disproved that and now, she's being charged with felony escape. Prosecutors fought desperately to keep information regarding the arresting trooper's propensity to stop more women than men from the jury. However, it appears that information may be heard anyway.

Here's what we know of the case:

The defendant was pulled over in May of last year because of a tail light that was out. The trooper ended up arresting her for DUI, misdemeanor resisting arrest and felony escape.

Records showed that the defendant blew a breathalyzer result of 0.36 percent - far below the legal threshold of 0.08 percent. As such, the DUI charge was later dismissed at trial.

As to the other charges, the defense team is adamant that they stemmed from the fact that the 24-year-old trooper was biased against women. He had a reputation among defense lawyers for stopping more women than men. In a Herald-Tribune analysis, nearly two-thirds of the traffic stops made by this trooper were of women. Additionally, 62 percent of his DUI arrests were of women.

Still, the Florida Highway Patrol has said it isn't investigating this trooper.

This case was odd in that there are two arrest reports, both written by the same arresting officer. One indicates that the defendant should be charged with DUI and obstructing, which are both misdemeanors. The second report indicates she should be charged with felony escape, which is punishable by up to 16 years in prison. On the stand, the trooper said he wasn't sure why the two reports were different.

The trooper went on to say that he arrested the defendant for DUI, despite the low BAC, because he smelled "an odor of alcohol" on her breath. He also said she failed several field sobriety tests, which as we all known are laden with subjectivity and have the strong potential for bias.

He contends that once he placed the handcuffs on her, she was somehow able to wriggle free from those cuffs and his grips and begin running toward the front of his vehicle. The trooper then said he caught the defendant and tackled her to the ground and called for back-up.

The trooper was sent to training for failure to properly handcuff the suspect, as he had a similar error about a month later.

However, the defendant said she ran because the deputy lunged at her and she was "terrified" of him.

Continue reading "Florida DUI Case May Hinge on Arresting Officer Background" »

Officers in Boynton Beach recently arrested a 34-year-old man on suspicion of DUI.

This in and of itself is not unique. What's different about this case is that the suspect, who told officers that he was just fine, reportedly had a blood-alcohol content level of somewhere between 0.410 and 0.418 percent.

Our Fort Lauderdale DUI defense lawyers aren't the only ones who know that this level of intoxication is considered fatal for human beings. Dr. Nabil El Sanadi, chief of emergency medicine at Broward Health, was quoted by a Sun Sentinel reporter as saying that a blood-alcohol at that rate is "Toxic, lethal. It's not hyperbole, it's fact."

And yet, this individual, who supposedly submitted to a breathalyzer and blew a 0.418, was able to speak intelligibly to officers to tell them, "I'm fine, I just had too much to drink."

Now, was he intoxicated? We can't say for sure, but there appears to be other evidence that points in that direction. However, we routinely question the results of any breathalyzer test that indicates a patient who, by all accounts, should be dead, is actually walking and talking - even if he isn't doing so very well.

Breathalyzers are notorious for their inaccuracies, most notably with results that tend to skew upward. This margin of error rate is important because DUI convictions are often based upon the results of those breathalyzer tests. The legal limit is 0.08 percent, but beyond that, a driver will receive additional penalties if his or her BAC is recorded at a level of 0.15 percent or higher. The maximum fines are doubled and the maximum imprisonment is up to nine months for a first-time conviction and a year for a second-time conviction.

Although there aren't specific legal provisions for someone who racks up a breathalyzer rating as high as this individual, the judge may undoubtedly be expected to take it into consideration.

So every point in these cases matters, legally speaking.

In this case, the suspect, who had five times the legal limit of alcohol in his system, was approached by officers as he lie asleep in his vehicle at the side of the road after a passing motorist dialed 911. The defendant told them he was Ok, that he'd simply been drinking too much.

The officers then collected two breath samples from him, which resulted in the 0.418 and 0.410 readings. Given that this individual weighs 150 pounds, it would mean that within a three-hour period, he would have had to have consumed 17 drinks in the course of three hours in order to rack up a BAC that high. Said a website for the Clemson University Redfern Health Center, with a BAC of between 0.40 and 0.50 percent, "You are probably in a coma. It's a miracle if you survive."

The suspect was then taken to a nearby hospital, where he was medically cleared. Must have been a miracle, right?

That, or the breathalyzer test is skewed. Given the wealth of evidence in prior cases that these machines offer erroneous results, we're going with the latter.

Continue reading "High Blood-Alcohol Levels Contested by Experienced DUI Lawyers" »

The gossip columns are abuzz with news that the daughter of veteran news reporter Barbara Walters has been arrested for DUI in Naples.

Our Fort Lauderdale DUI defense lawyers understand that the reports indicate The View host's daughter, Jacqueliine Walters Danforth, was pulled over to the side of the highway in Naples. A male passenger was in the front seat when officers arrived on the scene.

The pair were in a sport utility vehicle with no headlights on, and a concerned passerby had contacted authorities. It was shortly before 1:30 a.m.

When officers approached the vehicle, Danforth, who was in the driver's seat, was reportedly uncooperative, and "seemed intoxicated." At one point, the 44-year-old began to shout at officers and struggled to break free of their grip once they attempted to place handcuffs on her.

The responding officer reported that he was afraid she might run into traffic on the nearby highway, so he and other officers wrestled her to the ground due to "unpredictable behavior." At that point, she was placed in handcuffs.

She then agreed to submit to a breathalyzer test. The test revealed she had a blood-alcohol content level of 0.218 percent, which is nearly three times the legal limit of 0.08 percent.

From there, she was charged with DUI and booked into the Collier County Jail, before ultimately being released on $1,000 bond.

This is not the first time Danforth has been in trouble with the law. Both she and Walters have been candid in prior interviews discussing her prior drug use, which included both marijuana and methamphetamine.

But none of that should play a role in the future of this case, assuming she was not under the influence of either at the time of her arrest. The only thing that might matter in a future case is whether Danforth had any prior DUI arrests, particularly within the last decade. It does not appear from media reports that this is the case.

Anytime a high profile individual faces charges for DUI, the consequences can seem 10 times worse. It doesn't necessarily have to be someone who is world-famous or someone closely connected. It could be a councilwoman or a police officer or a school bus driver - someone for whom the arrest is going to have major consequences to his or her reputation and possibly career.

It's important for all DUI suspects to secure a good attorney, but it's critical for those who have even more to lose.

Danforth, an entrepreneur in her own right, had in 2001 founded New Horizons for Young Women, a nine-week, outdoor clinical therapy program for teen girls in Maine. However, the operation was shuttered in 2008.

News of her arrest came just days after Walters announced her retirement.

Florida Statute 316.193 holds that a first-time DUI arrest will result in a fine of between $500 and $1,000 and up to six months of imprisonment.

A second-time conviction is accompanied by a mandatory interlock ignition requirement, as well as a fine of up to $2,000 and a term of imprisonment of up to 9 months.

Continue reading "Florida DUI Arrest for Barbara Walters' Daughter " »

The aftermath of a DUI arrest is expensive, time-consuming, inconvenient, sometimes embarrassing and usually something most people are eager to move past.

For commercial drivers, there is often a lot more at stake - particularly if the arrest occurred while the driver was on duty.

Our Fort Lauderdale commercial DUI defense lawyers know that these individuals are additionally staring down a possible job loss (or at least a significant suspension) and possibly the end of a career.

That's what one commercial bus driver in a Chicago suburb is currently facing, the situation exacerbated by the fact that his case made national news. Unfortunately, an overreaction to this one case may result in even harsher penalties for all commercial drivers across that state.

It was prom night for the seniors of Oswego East High School, about two dozen of whom had booked a party bus to chauffeur them to and from the event.

But the students reportedly became concerned when the driver hopped a curb and drifted a few times onto the median. A few of the students phoned their parents, who in turn contacted the security at the prom event, who in turn contacted local police. Officers responded and pulled over the driver, who was alleged to have glassy eyes, slurred speech and was stumbling. A draw of his blood reportedly showed him to have a blood-alcohol content that was thrice the legal limit of 0.08 percent.

For commercial drivers on duty, the legal alcohol limit is 0.04 percent BAC.

In addition to the criminal charges of DUI and reckless driving, this man will not only face sanctions - up to and including termination - from his employer, but also from the Federal Motor Safety Carrier Association. The agency recently enacted tougher penalties for commercial DUI offenders, and also has made it more difficult for those arrested in one state to find work in another.

Additionally, state representatives in Illinois are pushing to raise the bar on criminal penalties for commercial DUIs, increasing the charge from a first-degree misdemeanor, punishable by up to a year in jail, to a Class 4 felony, punishable by up to three years in prison. Lawmakers have proposed altering the definition of aggravated DUI to include commercial drivers carrying any passenger of any age.

In Florida, statute 322.62(b) holds that a commercial driver with a BAC of over 0.04 percent is considered drunk and he or she will be charged with a misdemeanor, punishable by up to six months in jail, a $500 fine and a maximum 18-month license suspension. There would be an immediate 24-hour suspension and if a conviction followed, the driver would be disqualified from operating a commercial vehicle for at least one year.

A commercial driver might also face these sanctions if he or she refused to take a breathalyzer or was in possession of a controlled substance at the time of the arrest.

Even in cases of a misdemeanor, when you will not automatically be given a lawyer, hiring a good one will be an important investment in your future. Avoiding a conviction, if at all possible, is the best way to protect your livelihood. Call today to see how we can help.

Continue reading "Florida Commercial DUI Requires Solid Legal Representation" »

A series of recent hit-and-run crashes in Palm Beach and Broward Counties - two within hours of one another - have authorities in South Florida on high alert.

Our West Palm Beach DUI defense attorneys understand that one of these incidents involved a 3-year-old child, while the other two have reportedly resulted in the hospitalization of two men with serious injuries.

In at least two of these cases, it's likely the driver would have faced no charges whatsoever, had it not been for the fact that he or she failed to remain at the scene of the crash until officers arrived.

We understand that in the split-second panic and confusion of a horrifying situation, people sometimes make the wrong choice and choose to flee rather than stay. It's an instinctual reaction born of fear and self-preservation. In a few cases, a strong argument might even be made that the individual did not know that they had struck another human.

That's especially true for cases involving young children. The reality is, kids dart out into the street. Tragically, sometimes it happens without a driver ever seeing them. The driver may feel a slight bump, but especially with the windows up or radio on, they might have no idea whatsoever that they've struck a child.

That may have been what happened in a case out of Fort Lauderdale recently. It was about 6 p.m., with daylight just beginning to wane in front of the child's home on Northeast 53rd Street, near the intersection of Northeast 18th Avenue. Witnesses say the little boy darted from his front yard and into oncoming traffic, where he was struck by a vehicle. The driver did not stop. The child was rushed to a nearby hospital, where the latest reports indicated he was in stable condition.

In a case like this, the driver could not have been expected to be able to prevent tragedy when a young child races in front of him without warning. However, the failure to stop and render aid when involved in a crash involving personal injury or death is a first-degree felony, punishable by a minimum of two years in prison, per Florida Statute 316.027.

Similarly, just two days later in West Park, a 52-year-old pedestrian was jaywalking around 5 a.m. on State Road 7 when he was struck and critically injured. The driver was not at the scene when police arrived. Officers later said that had the driver remained there, it's possible no charges would have been filed against the driver.

Let's say, for the sake of argument in this case, that the driver had been intoxicated, which is why he or she didn't stop. A DUI resulting in a fatality or serious injury is a major felony charge. However, if the driver didn't cause the wreck - drunk or not - the charge would have likely only been a misdemeanor.

A few hours prior to the West Park incident, another man in his 50s, this one in Boynton Beach, was struck by a large truck around 11:30 p.m. while traveling on his scooter on West Boynton Beach Boulevard. He was hospitalized and the latest reports are that he was listed in serious condition.

Law enforcement officials continue to look for suspects in all three cases.

Continue reading "Hit-and-Runs in Palm Beach, Broward Prompt Investigations" »

Traffic safety advocates have somehow surmised that by targeting people who aren't as likely to cause DUI injuries and fatalities, they will somehow be able to drive down the number of DUI injuries and fatalities.

Our Fort Lauderdale DUI defense lawyers are baffled by the suggestion offered recently by the National Transportation Safety Board that the legal limit of intoxication be dropped from 0.08 percent blood-alcohol content down to 0.05 percent blood-alcohol content.

Primarily, this confusion stems from the fact that we know the majority of fatal crashes involve someone who had a blood-alcohol level that well surpassed the 0.08 percent limit. So reducing the limit to 0.05 percent would have little effect on the number of DUI-related deaths.

This is underscored by the fact that Congress lowered the DUI threshold during the Clinton administration, from 0.10 percent BAC down to 0.08 percent BAC - mandating that all states comply or risk losing millions in federal highway dollars. All states fell in line by 2004.

This move was heralded as one that would significantly slash the number of DUI-related deaths across the country.

Guess what? It hasn't.

The number of fatal DUI crashes in this country has hovered steady at about 10,000 annually since 1995, with a constant 30 percent of all fatal highway crashes attributable to drunk drivers.

So in effect, the only thing the measure did then was target people who weren't that drunk - if at all intoxicated - and made sure many more people would have to pay hefty fines and cope with the stain of a crime on their permanent record. So now, we want to target people who are even less intoxicated? While blood-alcohol content levels vary depending on a host of different factors, including weight, age, gender, food consumption, etc., it's quite possible that a measure like this will result in the arrest of restaurant patrons who had a glass or two of wine with dinner - people who are posing no threat to anyone.

The NTSB is responsible for investigating transportation accidents and while it has no legal authority to impose such a measure on its own, its reports do carry considerable sway with state and federal legislators.

In addition to the lowered BAC limits, the NTSB is proposing mandatory ignition-interlock installation for all first-time offenders, as well as additional authority to police to immediately seize and suspend the driving privileges of a motorist who is arrested for DUI - effectively depriving the suspect of their right to have the matter go first before a judge with the benefit of a defense lawyer by their side.

The NTSB conceded that these measures may be unpopular, but that they are necessary to effect meaningful change. But that is just it: We are unquestionably going to be depriving people of their freedoms and due processes for measures that are unlikely to have much impact at all.

Joe McClain, president of the Beer Institute, said that while he encourages advocacy groups to continue to fight for ways to reduce drunk driving deaths, those efforts should focus on addressing repeat offenders and those whose blood alcohol levels register over 0.15 percent (which in the 1980s was the legal limit in most states).

Our Fort Lauderdale DUI lawyers are dedicated to defending your case no matter what circumstances surrounded your arrest.

Continue reading "More Florida DUI Arrests Likely if BAC is Lowered to 0.05 Percent" »

A new trial has been ordered for DUI vehicular homicide convict John Goodman, the polo mogul who had previously been sentenced to 16 years in prison for the drunk driving death of a 23-year-old in Wellington three years ago.

Our Fort Lauderdale DUI lawyers know that this decision - which was extremely rare - was foreshadowed for months following the trial, based on revelations surrounding the actions - and inaction - of a single juror.

What this goes to show is how one single player, one technicality, can throw an entire case. While rogue jurors aren't common, there may be plenty of opportunities along the way in your criminal case to challenge aspects of the investigation, evidence collection, due process and other elements. Having a skilled criminal defense lawyer is key.

In this case, there seemed to be a lot that the judge was willing to cede in a clear reticence to order a new trial. However, in the end, the juror's conduct proved simply too much not to raise clear doubt as to the fairness of the proceedings.

Whether the case will indeed go back to trial or instead be resolved through a plea negotiation remains to be seen.

Here's what happened:

Following the conviction of the wealthy defendant, one of the male jurors wrote and published a book based on the trial. This alone would not be illegal. However, the details contained therein raised special concern for defense lawyers.

Most troubling was the assertion that during the course of the trial, he conducted his own at-home drinking experiment. This was done during jury deliberations. He reportedly consumed the same number of vodka drinks as the defendant was alleged to have drank that night, and then judged himself to be intoxicated.

There are so many things wrong with this experiment, it's hard to know where to start. First, the very fact that it was done amounts to impermissible "evidence" being used to criminally convict someone. Secondly, his experiment was not at all scientific and failed to take into account his own height, weight and alcohol tolerance, as compared to the defendant.

Defense lawyers rightly appealed to the judge for a new trial on this basis last summer. But that request was denied.

What ultimately resulted in the about-face was the discovery that the juror had lied to get on the jury, by failing to disclose his ex-wife's DUI conviction (which had subsequently led indirectly to their divorce), as well as the fact that his daughter had once been the victim of a violent crime.

The lying, ruled the circuit court judge, transformed the proceedings from an imperfect trial to an unfair one that was "constitutionally impermissible."

As such, the judge had no choice but to toss the old verdict and order a new trial.

The juror, for his part, has been charged with misdemeanor indirect criminal contempt. He later said in his defense that he had suffered numerous strokes that affected his memory issues, and that he had honestly forgotten these things when asked about them during the jury selection phase.

Continue reading "New DUI Vehicular Homicide Trial for West Palm Beach Defendant" »

A 26-year-old Broward County Sheriff's Deputy will be suspended without pay for at least 20 days, following an incident in which he allegedly drove his unmarked cruiser after drinking and was subsequently involved in a crash.

Our Broward County DUI defense attorneys understand that although this incident reportedly happened back in February, we are just now learning of it with the completion and release of an Internal Affairs report.

At the time of the crash, officials said the deputy was not arrested on the spot, as he passed two out of the three field sobriety tests administered to him at the scene. A fourth test, which is reportedly not admissible, he allegedly failed.

He would later tell the responding officer that he had been drinking.

The deputy, who serves as a canine officer in Pompano Beach for the department, has no prior criminal record and a clean driving record, save for one speeding ticket he received last year.

In 2009, two years into his tenure, the deputy was disciplined for his involvement in an on-duty crash that was later deemed preventable. For this, he was required to undergo driver's training and counseling. That was the only internal disciplinary blemish on his record.

He still has the option of appealing his suspension, though it's not clear whether he'll do so.

According to media reports, the deputy was consuming alcohol with his brother, also an area police officer. At some point, the two got into the Broward deputy's unmarked sheriff's vehicle and were traveling about 35 miles per hour on I-595 in Davie.

When they neared State Road 7, the off-duty Broward sheriff's deputy lost control over the vehicle. It reportedly skidded and then rolled twice, eventually landing upright.

Thankfully, the brothers emerged unscathed and no other vehicles or persons were struck or injured.

The traffic investigator noted that the roads were slick and it appeared that the officer had skidded into a swale just prior to the accident.

The sobriety tests were conducted by Davie police, who indicated he smelled of alcohol and the suspect's eyes were bloodshot and glassy. He was also swaying.

Yet for some reason, he was not given a blood alcohol test, which is often standard procedure in DUI cases, particularly if field sobriety tests appear to indicate conflicting results. We can't help but wonder if this is indicative of some type of double standard applied to officers, but not everyday citizens.

While we certainly don't want to make any hard-and-fast judgements, it's difficult not to make that leap of logic when you have the investigating officer appearing to overstate the role of the rain in the crash, the inadmissibility of the fourth sobriety test, then the failure to conduct a BAC and the absence of an arrest.

While the sheriff's office has found him guilty of engaging in conduct unbecoming of an employee. Yet even though there was strong suspicion of alcohol consumption, he was not arrested for DUI.

It's worth noting that many of our clients arrested for DUI have been booked on the basis of far less.

Continue reading "Broward DUI Penalties for Crash in Unmarked Cruiser" »