Broward DUI Lawyer Blog

Miami Dolphins running back Ronnie Brown won't miss work as the result of a drunk driving charge, the Miami Herald reported.

His court date had been scheduled for Sept. 2, the same day as the team's final preseason football game in Dallas. The next hearing will result in the acceptance of a deal offered by the prosecution or the case will be bound over for jury trial. Brown does not have to be present.

"He's not going to have to miss a single day of practice of a single game," his attorney said.

With increasing frequently, the job of a Miami DUI defense lawyer is to do whatever is possible to save a defendant's job. Whether securing driving rights or scheduling court hearings and other obligations around your work schedule, hiring an experienced defense attorney can help reduce the impact of a DUI charge on your job or livelihood.

In some cases, a defendant wants to quickly put the incident behind him, even if that requires pleading guilty to a drunk driving charge. A drunk driving defense lawyer can assist a client in understanding the possible consequences of such a decision. Usually, it is to a defendant's advantage to force the prosecutor to handle the case and make an offer to reach a resolution without trial.

Other times, a defendant's job or previous driving record make it essential to settle for nothing less than a reduction or dismissal of the charges. By challenging evidence, including the probable cause for the traffic stop and the results of field sobriety tests and breathalyzer examinations, a solid case can often be made for dismissing a DUI charge. And a solid defense for trial can almost always be built.

Each case is unique. Our job is to work with you to reach your desired goals and to seek the best outcome possible for each case we take the responsibility of representing.

Continue reading "Ronnie Brown DUI case illustrates a DUI attorney's ability to reduce the hassle of dealing with a drunk driving charge" »

Recently the Florida Department of Highway Safety & Motor Vehicles, Division of Driver Licenses, Bureau of Administrative Reviews in Tallahassee decided to adopt a policy very detrimental to Florida drivers.

Florida drivers arrested for DUI who either provide a breath sample or refuse chemical testing must have their licenses administratively suspended. The same driver has the legal right to challenge the administrative suspension before the Bureau of Administrative Reviews. This is known as a "formal review" hearing. The driver has just ten days to request this hearing. It is the only chance to undue the suspension of driving privileges.

For many years, I have requested these hearings and have fought hard to restore my client's driving privileges. The formal review process has always been difficult. The Department has consistently attempted to remove all legal avenues for winning formal reviews. The Department's most recent attempt is to refuse to invalidate suspensions because subpoenaed police officers fail to appear.

Since 1991, it was always been the case that if the officer failed to show without excuse the suspension would be lifted. In 1991, a Federal lawsuit was filed against the Department over the administrative suspension process. At the time, the Department argued the hearings were legal because due process required that they invalidate suspensions if the officers did not appear. The Department has now done a complete reversal on this policy. It appears to be completely unconcerned with the due process rights of Florida drivers accused of DUI.

Since 1991, I have continuously fought the Department on issues affecting my client's rights and I will continue to do so. The Department must be fought and turned back if there is to be any chance to defeat a DUI administrative suspension. Of course, a well trained and experienced Fort Lauderdale DUI attorney in your corner is one solution.

But it's important to know what you are up against. This most recent turn of events means the state plans to suspend your license -- even if the officer whose testimony it relies upon in doing so can't be bothered with showing up for the hearing.

Continue reading "Lauderdale DUI defense lawyer calls out DMV for issuing suspensions without officer testimony " »

The National Highway Traffic Safety Administration has told the state of Florida that it must do more to combat teen drunk driving accidents, according the Channel 10 News.

Veteran Fort Lauderdale drunk driving defense lawyers and DUI lawyers elsewhere in Florida are likely to support additional education for young drivers. Not just about drunk driving, but about the dangers of speeding, distracted driving and other poor driving decisions.

Florida is one of the only states in the nation that has not passed a distracted driving law aimed at regulating text messaging while driving or cell phone use while behind the wheel -- the majority of states have already done so -- particularly when it comes to teenagers. Not Florida. In fact, Florida is one of the few states that has not only failed to pass a distracted driving law but has passed a law preventing local city governments from enacting their own restrictions.

The federal government reports that 40 percent of all fatal drunk driving accidents involve teenagers. Teens are also substantially more likely to be involved in an accident caused by speeding or by distracted driving. If we can cut the number of fatal accidents in half by eliminating teen accidents caused by drunk driving, we're all for any and all educational initiatives.

But we also believe that teenagers arrested for DUI in Fort Lauderdale deserve access to high-quality legal representation. Saddling a teenager with a drunk driving conviction to "teach them a lesson" or for other reasons, is a very bad idea. A drunk driving conviction will follow a teenager into adulthood. It will not disappear from a driving record when a motorist turns 18. And it can prevent teens from qualifying for certain types of assistance, including student loans.

And it will ensure that they have a strike against them in the event that they are ever cited for a serious moving violation in the future.

Continue reading "Teens need experienced representation when charged with DUI in South Florida" »

A Lee County Sheriff's Deputy was arrested and charged with DUI after a South Florida drunk driving accident on Thursday night, NBC2 reported.

Hiring an experienced Miami DUI defense lawyer is critical to protecting your rights after being charged with drunk driving, particularly in cases where an accident is involved. But a job in law enforcement, or a job that requires a defendant to drive, can make hiring an experienced and aggressive drunk driving defense attorney vital to protecting a client's rights, livelihood and financial well-being. A conviction for drunk driving in Florida can result in job loss and can even prevent residents from holding certain jobs or obtaining certain licenses.

In this case, the Florida Highway Patrol arrested the 47-year-old Cape Coral resident just after 7 p.m. The off-duty officer was allegedly traveling westbound on Cypress Lake Drive when he rammed a car at the red light at Cypress Lake Plaza.

Troopers say the defendant refused to take field sobriety tests and refused the breathalyzer. He was taken to Lee County Jail and charged with careless driving, DUI and DUI with property damage.

The officer had worked at the Cape Coral Police Department until accepting a buyout and retiring in 2008. He is currently employed as a deputy with the Lee County Sheriff's Office and works in Lehigh Acres.

He has been placed on administrative leave without pay pending the outcome of an internal investigation.

Continue reading "South Florida DUI arrests can lead to job loss, particularly for law enforcement officers who are convicted " »

A local college student has been sentenced to three years in prison for a West Palm Beach drunk driving accident, CBS12 reported.

The 21-year-old allegedly had a blood-alcohol level more than twice the legal limit when she hit a road construction worker last June. The construction worker said he suffered 14 broken bones and will never be the same. The defendant was sentenced to three years in prison, despite a plea from her lawyer that she be given probation.

In cases where an alleged drunk driver causes a serious or fatal accident, a Palm Beach DUI defense lawyer will build a defense on two fronts -- By working to show that the defendant was not intoxicated (or that the state cannot prove intoxication) and by fighting the allegation that the defendant is responsible for causing the accident.

In this case, the victim was working on Forest Hill Boulevard as part of an overnight work crew in June of last year when he was struck while picking up road cones. Night roadwork is becoming more common. However, motorists are not expecting to find workers in the road in the middle of the night. A thorough investigation into the cause of the accident can often reveal additional circumstances that contributed to a crash. Unfortunately, when an officer decides a defendant has been drinking, that is usually the end of the investigation into an accident's cause. Any additional research will have to be conducted by an experienced DUI defense lawyer.

Under Florida law, a defendant cannot be convicted of the more seriously charges of DUI manslaughter if it is proven that he or she was not drunk or was not responsible for causing the accident.

Continue reading "College student sentenced to three years in prison for Palm Beach drunk driving accident" »

The Palm Beach Post reports on several high-profile cases involving parents who have been sued after serving alcohol at parties that resulted in a subsequent car accident.

In many states, bars, restaurants and other businesses can be more easily sued for over service of alcohol through the state's Dram Shop laws. While more stringent in protecting businesses, Florida's law specifically permits civil suits against those who serve alcohol to people under 21 or those who serve alcohol to someone they knew, essentially, was an alcoholic.

Dram Shop is an old world term related to liquor sold in a unit of measure (dram) at a business (shop). Today it is most often invoked in filing suit against someone accused of over serving a defendant who causes a serious or fatal car accident.

A Palm Beach drunk driving defense lawyer should always be called to represent drivers charged with drunk driving. But, when a son or daughter is involved, or when a serious accident occurs, it is even more critical to consult high-quality, experienced representation to fight for your rights and help protect the financial welfare of you and your family.

Continue reading "Parents of teen drivers involved in DUI accident should seek experienced legal representation" »

A Michigan man arrested for drunk driving told police he was drunk because of LeBron James' decision to play for the Miami Heat, according to a media report.

Chalk it up to one of the more unusual reasons our Miami drunk driving defense lawyers have recently encountered. Police said the man appeared to be intoxicated. When asked if he had been drinking, the defendant allegedly admitted that he had gotten drunk over LeBron's decision to play for the Miami Heat instead of the Boston Celtics.

There were never any reports that LeBron was considering the Celtics -- he defected to the Heat rather than returning to the Cleveland Cavaliers. A blood-alcohol test revealed the man had a blood-alcohol level of .16, twice the legal limit for drunk driving in Florida.

Humor aside, there is a lesson here: Don't offer any excuses or make any statements at all to law enforcement. Police almost always claim "visible signs of intoxication" in such cases, it is a requirement before requesting you submit to testing. You do yourself no favors by making statements. The LeBron excuse will be trotted out in court by the state's attorney. As will the defendant's confusion between the Celtics and Cavaliers. Everyone will have a good laugh.

Except the defendant, who will be a good ways down the road toward conviction based on his own statements. An experienced defense attorney can often combat evidence, including the results of field sobriety tests and breathalyzer examinations. But it can be the actions and statements of the defendant that speak the loudest to a judge or jury.

Do yourself a favor and stay quiet. And give me a call if you have good tickets to see the Miami Heat!

Continue reading "Don't blame a Fort Lauderdale DUI arrest on LeBron James!" »

Miami Dolphins wide receiver Brian Hartline could face charges of leaving the scene of an accident involving property damage in connection with an accident on I-595, the Miami Herald reported.

Florida Law (FSS 316.061) carries a penalty of up to 60 days in jail for failure to report a property damage accident. The penalties are much more serious for leaving the scene of an accident involving serious injury or death. The District Attorney's office has been known to seek the more serious charges against a motorist; consulting a Fort Lauderdale traffic accident attorney is always a good idea when facing charges in connection with a South Florida car accident, including accidents involving drunk driving charges.

A report from the Florida Highway Patrol indicates investigators still do not know who was driving the Ford truck registered to Hartline when it struck a broken down Cadillac Escalade parked on the shoulder of the highway. Police indicate that no one reported the accident and that Hartline has not contacted them to talk about the incident.

An attorney has contacted authorities on Hartline's behalf. As many learned during the Tiger Woods incident, the law requires an accident to be reported -- it does not require a suspect to speak to authorities.

The patrol can hereby consider the accident reported!

Police contend there was about $30,000 damage between the two vehicles and were trying to determine whether anyone was injured (likely so more serious charges can be filed).

Hartline's Twitter feed indicates he may have been heading to Ohio at the time of the accident and the identity of the driver remains unknown. Authorities report the truck was traveling at about 65 mph when it drifted into the breakdown lane and struck the Escalade. The truck continued on and stopped about 200 yards later.

Continue reading "Failure to report Fort Lauderdale car accident may be illegal but failure to talk to authorities ... not so much" »

A 48-year-old man faces drunk driving charges in Boca Raton after he allegedly drove his car into the living room of his house during a jealous rage, the Examiner reported.

There are two sides to every story. But law enforcement is not apt to listen to your side if your SUV has been driven through your house when they arrive. A Boca Raton DUI defense lawyer will need to investigate the circumstances of this case and decide upon the best course of action. Fighting a drunk driving charge is critical during divorce or child custody proceedings, as a conviction can impact the outcome of family law matters.

Police found the SUV smashed to pieces in the driveway and the defendant sitting on the couch. His wife was hiding in the bathroom. The defendant was charged with DUI property damage, aggravated assault and criminal mischief. He reportedly told police he drove the SUV into the house in a jealous rage after an argument about his wife playing guitar with two men at a party earlier in the day.

The couple argued all the way home with four children inside the vehicle. Once home, the family went in the house while the defendant sat in the car before driving through the front of the house and into the living room. Officers reported that he exhibited signs of intoxication but refused the breath test and was arrested.

He was booked into the Palm Beach County Jail and later released on $3,000 bail.

Continue reading "Boca Raton DUI charges filed after man drives SUV through his house" »

A 50-year-old motorist is facing criminal charges in connection with a Boca Raton drunk driving accident, the Palm Beach Post reported.

The man faces charges of DUI with serious bodily injury and hit and run. Under Florida Law (F.S. 316.193 (2) (3)) DUI with serious bodily injury is punishable by up to five years in prison. He was booked into jail early Saturday morning, before being released on $6,000 bond.

The Palm Beach Sheriff's Office reports he was driving on a license that had been indefinitely suspended and that his license has been suspended more than a dozen times.

A Palm Beach DUI arrest is serious, even without an accident. Jail time, thousands of dollars in fines, probation, driver's license suspensions and job loss commonly result. But facing a DUI charge while driving on a suspended license or with a previous DUI conviction leaves a defendant open to more serious consequences, including lengthy jail time. A Palm Beach drunk driving lawyer should always be called to defend a motorist against a DUI charge and keep such charges off their driving record whenever possible.

In this case, authorities report the defendant was driving a 1998 Mustang when he struck a Chevy Malibu before fleeing west on Yamato Road. After pulling over and confronting the other driver, the defendant then allegedly pulled away. He fishtailed into oncoming traffic on Astaire Avenue and rear-ended a 1994 Toyota Celica.

Doctors say the Celica driver suffered bleeding on the brain after striking her head during the accident. The defendant's blood-alcohol level tested .173 and .172, more than twice the legal limit of .08 for drunk driving under Florida law.

Continue reading "Palm Beach DUI accident alleged after motorist leaves scene of first crash" »

A former law student pleaded guilty this week to charges stemming from a Miami drunk driving accident that occurred almost five years ago, the Miami Herald reported.

The 28-year-old former Nova Southeastern University student was involved in a wreck that claimed the life of a friend as they drove to the Orange Bowl to watch a football game. He pleaded guilty to a slew of charges, including DUI manslaughter and vehicular homicide. He was driving a Ford Explorer on I-95 with five friends inside on the way to the University of Miami football game.

Prosecutors say he was speeding and driving drunk and recklessly when the SUV rolled over, ejected one of the passengers, who was killed in the accident. Two others suffered minor injuries. His blood-alcohol level was .16, twice the legal limit.

He faces up to 14 years in prison but prosecutors have recommended a lesser sentence due to his remorse, rehabilitation and clean criminal history. His defense attorney said making the plea was a tough decision. But, even with a good case, the downside of significantly more prison time was too great a risk.

Anytime a motorist is charged with drunk driving in connection with a serious or fatal accident, a Miami DUI defense lawyer must be called in immediately to help protect their rights. Authorities are not prone to reducing such charges and an aggressive defense against both the drunk driving charge and the cause of the accident will need to be established.

Too frequently, a motorist charged with DUI will also be found at fault in the crash, regardless of the circumstances. When a defense attorney can prove a driver was either not at fault in the accident or not driving impaired, he or she will not be convicted of vehicular homicide under Florida law.

These are tragic cases. Certainly the victim's family will never be the same. But the defendant will also face life-altering consequences. His friend is dead and his dreams of becoming a lawyer are gone. A veteran defense attorney experienced in handling vehicular homicide charges in Miami can fight for a motorist's rights and help them to put the tragedy behind them as best as possible.

Continue reading "Former law students pleads guilty to vehicular homicide in Miami" »

A 56-year-old man has been sentenced to 12 years in prison for a Miami drunk driving accident that killed two Maryland tourists, the Miami Herald reported.

A Miami-Dade judge issued the sentence after the defendant pleaded guilty to two county of DUI manslaughter. Authorities say his blood-alcohol level was nearly three-times the legal limit when he swerved into the oncoming lane and crashed into a pair of retired school teachers in February 2009. He was driving on a suspended license from a previous DUI in Broward County at the time of the accident.

The New-Times reports that the accident happened on Tamiami Trail. The defendant was found unconscious in his truck with a case of beer on the front seat. The sentence came as part of a plea agreement with the State Attorney's Office. The defendant will also serve 10 years of probation, had his driver's license permanently revoked and was ordered to pay $142,000 in restitution to the victims.

He had previous DUI charges in 1997 and 2004. He received probation for the former, while the later was dismissed.

Having a previous DUI conviction on your record will increase the penalty for a subsequent arrest under Florida's drunk driving law. Motorists faced with a DUI charge should always hire a Miami drunk driving defense attorney to fight the charge. Of course, no one plans to get charged with drunk driving once, let alone twice. But having that conviction on your record makes it that much easier to be stopped, questioned by police and charged again.

A number of factors made this case difficult to defend -- but the client's history of drunk driving was chief among them. Prosecutors are always reluctant to deal when a serious or fatal accident is involved. A history of drunk driving just makes it that much more difficult to work on a client's behalf.

Continue reading "12-year-sentence for Miami DUI manslaughter accident that killed Maryland tourists" »

A former Fort Lauderdale police officer was found guilty of reckless driving in the 2006 death of a pedestrian, the Palm Beach Post reported.

This case illustrates the importance of hiring an experienced For Lauderdale vehicular homicide lawyer whenever you are charged with an accident that results in someone's death. The officer had faced 15 years in prison if convicted on a vehicular homicide charge. Instead, the jury convicted him of misdemeanor reckless driving, which carries a maximum penalty of 90 days in jail.

The 26-year-old man was accused of running down a 39-year-old Fort Lauderdale woman with his police cruiser on June 19,2006, as he raced down Federal Highway at speeds of more than 90 mph. Prosecutors said he had just gone off duty and was racing down 26 blocks of road with "wanton disregard for life."

His defense attorney said the victim was drunk and high on crack cocaine when she stepped into the street.

The officer was fired from the police department after the results of an internal investigation found that he regularly drove more than 100 mph in his patrol car, while both on and off duty. The department found that he exceeded 90 mph on at least 90 occasions in the month before the accident and that he was traveling in excess of 110 mph on at least 15 occasions. He once reached speeds of 114 mph on A1A in an area where the speed limit is 30 to 35 mph.

Continue reading "Former police officer convicted of reckless driving instead of vehicular homicide" »

Fort Lauderdale DUI Lawyer Carlos Canet and our entire staff wish you a safe and enjoyable Fourth of July weekend. Be careful, and know that traffic is expected to be heavy and authorities will be out in force conducting sobriety checkpoints and stopping motorists for suspicion of drunk driving.

The Sun-Sentinel reports that six percent more motorists are expected to be on the road this weekend than during Fourth of July a year ago.

And law enforcement roadblocks -- or sobriety checkpoints as they like to call them -- will be a fan favorite this weekend. There is more than a little irony in the fact that law enforcement will be celebrating Independence Day by setting up road blocks that skirt a citizen's rights to be free from unreasonable search and seizure.

The News Herald recently published an opinion chastising the Florida Highway Patrol for repeatedly publishing the same locations for possible checkpoints -- sometimes with more than two dozen locations listed -- which does little more than mock the law requiring law enforcement to provide advanced notification of when and where such roadblocks will occur.

Anyone stopped and charged with drunk driving at a sobriety checkpoint in Miami, Fort Lauderdale, West Palm Beach or the surrounding area, should contact our office to discuss your rights. Law enforcement must adhere to strict standards for such arrests to be valid. And a Fort Lauderdale DUI Attorney can frequently work to have the charges reduced or dismissed.

Field sobriety tests and breathalyzer examinations are another area of Florida DUI law that calls for the careful scrutiny of a qualified attorney. Motorists often mistakenly believe that field sobriety tests are used by an officer to determine whether or not a motorist is intoxicated -- and that a successful performance will result in the motorist avoiding arrest. This is rarely, if ever, the case. Field sobriety tests are a tool used by a law enforcement officer to collect evidence of your guilt. The results are nothing more than the opinion of an officer whose job it is to collect evidence ... of your guilt!

And, as we reported on our Broward DUI Lawyer Blog, the company that manufactures the breathalyzer machine used in Florida is defying a court order to turn over the computer code used in the machine to defense attorneys who have requested it. The result is that many Florida DUI cases that rely heavily upon the breathalyzer results are being successfully defended.

Continue reading "Fort Lauderdale DUI lawyer wishes each of you a safe and enjoyable Fourth of July" »