Broward DUI Lawyer Blog

The News-Press in Fort Myers published an exhaustive report over the weekend on DUI convictions in Southwest Florida. The report found almost 10,000 Lee County motorists have two or more DUI convictions. The paper called on harsher sentences as a means of combating drunk driving.

While Broward County and Miami-Dade report more DUI arrests than Lee County, the trends are likely similar. Missing from the discussion, however, is the increasing likelihood of defendants being wrongly accused as law enforcement continues to pour time and resources into drunk driving arrests.

As we reported recently on our Broward DUI Lawyer blog, fewer than half of motorists arrested for DUI were convicted in 2008 even as the number of DUI arrests continues to increase throughout Southeast Florida; Palm Beach County posted the largest increase in DUI arrests in the state.

The News-Press reported that law enforcement conducted 37 so-called "sobriety checkpoints" and arrested 200 people on drunk driving charges. Law enforcement roadblocks typically require a dozen officers (often working special detail for overtime pay) and are touted as a powerful weapon. Yet they accounted for fewer than 1 in 100 DUI arrests in Lee County -- a total of 2,936 people were arrested and charged with DUI in 2008.

The News-Press reports 236 pleaded no contest to a second DUI charge and received an average of 38 days in jail. The newspaper and other advocates argued that was an insufficient deterrent, but noted fiscal constraints would likely prohibit an increase in potential jail time for those convicted of drunk driving.

In reality, treatment is always a better option. Addiction -- whether it is alcohol, drugs, gambling or sex -- is not cured by incarceration. No study has ever suggested otherwise.

Florida lawmakers have tripled fines for drunk driving and lowered the threshold for requiring interlock devices from .20 to .15. The devices are required for repeat offenders. And all 50 states have already reduced the threshold for DUI by 20 percent, from .10 to .08.

Offenders -- whether rightly or wrongly accused -- face significant jail time, thousands of dollars in fines, job loss and the loss of their driver's licenses. Only those lacking knowledge or experience of the issues would call increased jail time a solution to anything.

Continue reading "Continued crackdown on DUI by Florida law enforcement likely to increase number of innocent defendants" »

A defendant facing multiple counts of DUI Manslaughter in Miami has requested to be segregated from other inmates after being beaten in jail, CBS4 reported.

Gabriel Delrisco, 40, requested the judge order him moved to a private cell at a court hearing on Wednesday. He is facing three counts of DUI manslaughter with culpable negligence and one count of battery on an emergency medical care provider. DUI manslaughter in Florida is a second-degree felony carrying a penalty of up to 15 years in prison and a $10,000 fine.

Authorities say he was driving drunk when his Chevy Trailblazer SUV slammed into the back of a minivan stopped at a red light on US-1 at SW 211th Street. Three children in the van -- ages 10,7 and 4 -- died in the crash. Investigators report that Delrisco's blood-alcohol level was .239, nearly three times the legal threshold of .08 for drunk driving in Florida.

The Florida Highway Patrol reports that Delrisco has a long list of traffic violations, including 26 traffic infractions and a previous conviction for DUI in 2001, for which his license was suspended for six months.

In 2008, a total of 1,169 people died in alcohol-related traffic accidents in Florida, accounting for about one-third of the 2,983 traffic fatalities reported statewide, according to the Florida Department of Public Safety.

A Florida man's successful appeal of his felony drunk driving conviction is a prime example of the impact hiring a veteran Fort Lauderdale DUI defense attorney can have on your case.

In Kenneth M. Davis V. State of Florida, the state District Court of Appeal overturned Davis' felony DUI conviction, ruling the court did not hear evidence of the previous convictions, which are required for a felony drunk driving conviction. Under Florida law, a third DUI conviction in any 10-year period is treated as a felony.

Defense counsel had requested a bifurcated trial, meaning a jury would decide the issue of prior offenses as a separate matter, apart from the trial on the current DUI charge. Prosecutors did not object, and the judge granted the request prior to jury selection. However, before the jury rendered a verdict, the judge stated that the parties had agreed to allow prior convictions to be determined by the court.

The defense never formally agreed and no mention of the prior arrests was made at sentencing. Davis was convicted of the felony and sentenced to a year in jail and 3 years of probation. But, because prior DUI convictions are required for felony DUI, and no evidence was ever entered into the record, the appeals court ruled the state failed to prove Davis had prior drunk driving convictions on his record.

"Even if this court concluded that Davis validly waived his right to a jury trial as to his prior offenses, the record does not reflect evidence of these prior offenses on which to base a conviction of felony DUI," the appeals court wrote. "Thus, we reverse and remand, directing the trial court to vacate Davis's adjudication and sentence for felony DUI and adjudicate him as to only the instant DUI of which the jury found him guilty."

In plain English, the court's ruling means the defendant cannot be sentenced for felony DUI and the DUI must be treated as a misdemeanor offense.

A former VH1 reality TV star is facing a DUI charge in Miami after she was arrested driving westbound on the MacArthur Causeway, CBS4 reported.

Megan Hauserman, 28, was arrested at 3:15 a.m. after police reported she was weaving in and out of traffic in a black 2008 BMW, tailgating the car in front of her at 50-55 mph.

Police stopped her after she accelerated to 75 mph. A breathalyzer examination showed a blood-alcohol level of .102. The legal limit in Florida is .08.

Officers report she had blood shot eyes and an odor of alcohol on her person. She told police she was tired from filming a television show. The patrolman reported she told him 7 or 8 more times that she was an actress filming a TV show.

Hauserman, appeared on several VH1 reality shows, including Megan Wants a Millionaire, Rock of Love and I Love Money.

Celebrity DUI arrests in the Miami area are not uncommon: Miami Heat star Dorell Wright was charged with DUI in South Beach last month and Actress Tawny Kitaen was arrested on suspicion of DUI in September.

Continue reading "Former reality TV star charged with DUI in Miami " »

The Florida Bar is ready to make major changes to the rules regulating attorney advertising that will dramatically affect Broward DUI defense attorneys. These changes will go into affect July 1, 2010 and will prevent attorneys from commenting on case results. For example, attorneys will not be able to publish a description or a case history that comments on whether a case was won. Potential clients will have to sort out for themselves a case result from reading the case history. Otherwise, the reader will have to contact the lawyer directly.

If there are any questions concerning any of the case histories please do not contact the office.