Broward DUI Lawyer Blog

The story in the Baker County Press about the death of a Jacksonville area mail carrier is a prime example of the kind of damage done in the court of public opinion long before drunk driving accident allegations ever reach the courtroom.

It's a story that everyone dreads, the paper tells readers. Supper on the table once warm sits cold and forgotten. The phone doesn't ring. Awash in silence, a spouse, loved one or friend anxiously waits, hoping for the best, fearing the worst.

In this case, the husband of 37-years was killed when an alleged drunk driver crossed the center line on State Route 121 and struck the vicitm's 1998 Pontiac. It was the second fatal drunk driving accident in the area in 48 hours.

Sometimes a veteran home on leave, or a family, or a pregnant mother is killed and the media attention is intense. But other times there is no rhyme or reason to why some DUI accidents are covered extensively in the media and others hardly rate a mention. In this case, the crash was covered extensively. And the article was filled with statistics on drunk driving. Once covered, such stories are usually covered through trial or disposition -- not only by the initial media outlet, but by all media in the area.

If you are involved in a DUI fatality, turning to an experienced, aggressive South Florida DUI attorney, is the best way to protect your rights. It is especially important in cases where law enforcement has decided you've been drinking, and are therefore at fault, regardless of what evidence may exist to the contrary. And it's important for your attorney to deal with the media and to make sure you are being treated fairly in the court of public opinion.

With the right counsel and supporting team of experienced investigators, you could be found innocent of either causing the accident or the DUI. Dealing with the aftermath of a car accident, especially one involving a fatality in which you have been charged, is no time to go it alone.

Continue reading "Fatal South Florida drunk driving accidents require experienced and aggressive defense, media management " »

In May, Gov. Charlie Crist made the use of red-light cameras legal by signing into law new legislation that permits motorists to be ticketed if caught running a red light on video. Prior to Gov. Crist's actions, state law neither prohibited nor permitted the devices used by about 30 cities in Florida, pnj.com reports.

As the cameras become more prevalent, Fort Lauderdale DUI attorneys and lawyers on both sides of serious and fatal accident cases are bound to seek camera footage as evidence in criminal and civil cases.

With more than 25 years experience in both the private sector and as a Miami-Dade Public Defender, Carlos Canet has spent his career honing his skill as a drunk driving defense attorney. Using camera footage or other available evidence is another avenue he uses to fight for the rights of clients whenever possible.

Just by their visibility, the red-light cameras act as a kind of traffic control. Over the span of three years from 2006-2009, one camera at one intersection in the small town of Gulf Breeze captured 6,000 drivers running a red light. Meanwhile, traffic accidents at the intersection dropped during that time from 408 in 2005 to 352 in 2009, Gulf Breeze Police Chief Peter Paulding told pnj.com.

Others claim crashes in the Palm Beach area actually increased as cameras were installed and drivers slammed on their brakes to avoid getting a ticket.

The devices are self-funding through money earned from citations issued. The law Gov. Crist signed also required drivers be made aware of the devices through signage. And it directs that a portion of funds acquired from their use be channeled to health care and research for brain and spinal cord injuries.

Having an experienced Fort Lauderdale DUI accident lawyer, who is capable of thoroughly investigating your case and using all manner of evidence at his disposal, can have a dramatic impact on the outcome of a drunk driving case.

Continue reading "Red light camera increasingly used as evidence in DUI accident cases" »

For one Central Florida man, it was his red lawn mower that did him in.

According to a recent Associated Press news brief, the man was spotted by a Marion County deputy who noticed there was a cup of beer in the cup holder. When stopped, the driver admitted "he'd had a pretty good bit to drink". He refused a breath test and was hit with a Florida DUI charge.

In Punta Gorda, a 63-year-old man was also arrested and charged with DUI after several callers notified 911 there was a man swerving alongside US-41 on his bicycle.

Cpl. Mark Crissinger, of the Charlotte County Sheriff's Office, told ABC-7 that what you drive or ride doesn't matter. That from a horse to a golf cart to a bicycle, if you're "on the road" you need to obey the law as if you were driving a car.

In the article, Cpl. Crissinger noted that the penalties, the jail time, is the same as if the driver was stopped in a motor vehicle. "Motor or not," Cpl. Crissinger told ABC-7, "he was drunk, he was on the road, he's in jail."

If he has an experienced and aggressive South Florida DUI defense lawyer, Cpl. Crissinger might be singing a different tune. The bottom line is, law enforcement can charge anyone with anything -- that's not what matters. What you are convicted of is what counts, what stays on your criminal record, and what you will have to answer to for years to come.

In many of these cases, public intoxication or other minor misdemeanors are more appropriate -- In other cases, a defendant should never have been charged at all.

In both cases, the drivers have a history of DUI convictions. The lawn mower driver's license is suspended and the Punta Gorda bicyclist's license was revoked in 1997. Prior convictions can make it more difficult to fight drunk driving charges -- another good reason to contest a first-time offense.

These are just two briefs, but there is a countless supply of similar Florida DUI arrest stories out there, from Palm Beach to Miami to Ft. Lauderdale. Stories from the Panhandle to the Keys and from Orlando to Jupiter, about Florida drivers who have been charged with DUI after getting popped by cops while driving something other than a car.

As the end of summer looms and with a long and historically party-friendly holiday weekend quickly approaching, the Florida Highway Patrol has announced a beefed-up FHP presence and a crackdown on drunk driving. The likelihood of even more DUI tales emerging in the media is high.

Just remember: It's not what you are charged with but what you are convicted of -- and the best defense is an aggressive offense.

Continue reading "Ft. Lauderdale drivers take note, DUI arrests aren't limited to behind the wheel " »

Buckle-up and take note drivers, the Florida Highway Patrol issued a recent statement putting Florida drivers on alert that a statewide drunk driving and traffic enforcement crackdown will run from Aug. 20 through the end of the Labor Day holiday on Sept. 6.

The effort also coincides with the beginning of the new school year, as vehicle traffic increases and Florida families return from vacation, students head back to school and seasonal residents begin to arrive.

According to a recent Florida Highway Patrol press release, during the crackdown the FHP will participate in the nationwide Operation C.A.R.E. (Combined Accident Reduction Effort) over the four-day holiday weekend starting Sept. 3. The goal of this program is to deter unsafe drivers, enforce safe traffic conditions and more quickly assist motorists in need.

Operation C.A.R.E. is a coordinated effort involving all 50 state police and highway patrol units and will include all uniformed personnel and officers who are otherwise normally assigned to administrative duties. An additional influx of volunteer troopers from both auxiliary and reserve teams will supplement the workforce.

What this means to the average motorist is that the patrol is spending federal grant dollars it must use or lose. As a result, significantly more troopers will be on the road and law enforcement roadblocks -- or sobriety checkpoints as they like to call them -- will be commonplace through the Labor Day weekend.

While celebration with friends and family is encouraged during this last summer holiday, the FHP in presence and enforcement practices plans to aggressively monitor and cite or remove from all State roadways distracted, otherwise impaired and drunk drivers.

According to the National Highway Traffic Safety Administration Miami-Dade, Broward and Palm Beach were the top three deadliest counties for a combined number of nearly 700 motorists killed in both alcohol-related and non-alcohol related crashes. Together these three counties saw 174 fatal crashes that authorities content were alcohol-related.

The American Safety Council indicates that Labor Day is ranked among the deadliest days for drivers while September ranks fifth in the Top 5 deadliest months.

While statistics continue to show that sobriety checkpoints arrest fewer than 1 percent of the state's 175 daily DUI offenders -- and are a poor use of tax dollars and law enforcement manpower -- their continued use as a public relations tool is a virtual certainty.

Many times, sobriety checkpoint arrests are very defensible. Law enforcement must follow strict rules in publicizing the stops and in operating the roadblocks. These rules are in addition to the strict guidelines that must be followed in administering breathalyzer and field sobriety tests. An experienced Fort Lauderdale DUI attorney will fight checkpoint charges on all fronts and a reduction or dismissal of the charges is often possible.

Continue reading "The Florida Highway Patrol announces drunk driving enforcement effort in South Florida" »

Facing a first-time DUI charge is a stressful time in anyone's life. But at no time are the services of an aggressive, experienced, drunk driving defense attorney more valuable then when a driver is facing a trial on multiple charges including DUI manslaughter with a prior DUI conviction.

CBS-4 reports that a tentative trial date of Nov. 8 has been set for a man facing three counts of DUI manslaughter and a host of other charges in connection with a South Florida car accident that claimed the lives of three children under the age of 10. Authorities say he was behind the wheel of a Chevrolet Trailblazer when he smashed into the rear of the victims' Windstar minivan at 5:30 a.m. on a cold January morning at the intersection of US-1 and SW 211th Street.

The children's father survived the accident with minor injuries and the defendant has remained incarcerated since his arrest. Each count of DUI manslaughter carries a potential maximum sentence of 15 years. Police allege the defendant had a blood alcohol level of .239 and a string of 26 traffic infractions since a prior DUI arrest in 2001. His next appearance in court is Oct. 27.

According to the Florida Department of Motor Vehicles, there are more than 35,000 DUI convictions in Florida each year. Nearly twice as many defendants are charged with drunk driving each year.

The Florida DMV reports that Miami-Dade ranked fourth in convictions among Florida's most populous counties. Hillsborough, Pinellas and Duval reported more drunk driving convictions, while Brevard and Broward recorded fewer.

Penalties for a first-time DUI conviction include fines, community service, up to a year of probation, possible imprisonment, license revocation, and mandatory participation in 12-hours of DUI classes. Additional convictions, of course, stack on more severe penalties that can include mandatory jail time.

DUI charges in Fort Lauderdale and Miami are frequently defensible -- particularly for first-time offenders. Keeping a clean record is vital in the wake of a subsequent arrest or serious crash in which alcohol involvement is alleged.

Continue reading "Miami DUI manslaughter case illustrates need for an experienced drunk driving defense attorney" »

A drunk driving conviction must be divulged on many job applications and will show up on most background checks conducted by employers -- just another reason why fighting a DUI charge in Fort Lauderdale is a good idea.

The Sun-Sentinel reports that employers may conduct criminal record and credit checks either during the interview process or during the probationary period, which can last 30 to 60 days or longer.

The penalties for being convicted for drunk driving in South Florida are significant and can include jail time, lengthy driver's license suspension, alcohol treatment, fines and court costs, probation and thousands of dollars in increased insurance premiums. Those with a DUI conviction also face significantly stiffer penalties for a repeat violation of the state's drunk driving laws and could face an increased likelihood of being pulled over and questioned by authorities.

But the long-term social ramification are an issue for more and more defendants, and can include job loss, the inability to hold certain jobs or occupational licenses and even difficulty in joining the military or qualifying for student loans.

Many job applications will ask if you have ever been convicted of a crime. DUI is a crime -- it is not in the same category as a speeding ticket -- and must usually be disclosed. Failure to disclose could cost you your new job. Disclosing a DUI could prevent you from being hired in the first place.

DUI charges in Fort Lauderdale are often beatable. By the state's own estimates, between one-third and one-half of those charged with drunk driving in any given year are not convicted of the crime.

Hiring an experienced Fort Lauderdale DUI attorney can help protect your freedom, your livelihood and your future job prospects.

Continue reading "DUI convictions in Fort Lauderdale can impact job prospects" »

An Ocala woman is facing a DUI manslaughter charge in the Florida Keys after allegedly crashing a car on Stock Island in a drunk driving accident that claimed the life of a passenger, Keys Net reported.

The 22-year-old driver was in jail on Tuesday and charged with driving under the influence-manslaughter and two counts of DUI causing bodily injury. The charges stem from the May 30 crash that killed a 29-year-old man. The Florida Highway Patrol reports the defendant was driving a Chrysler northbound on U.S. 1 on Stock Island. She was allegedly driving at a high rate of speed when she turned right onto MacDonald Avenue, striking a curb and then a concrete utility pole.

The accident happened at about 4:15 a.m. She was airlifted to Ryder Trauma Center in Miami along with two other passengers. A fourth victim was pronounced dead at the scene.

She was being held in jail on a $100,000 bond.

Under Florida law, DUI manslaughter 316.193(3) F.S. is a second degree felony punishable by up to 15 years in prison and a $10,000 fine.

Continue reading "Florida Keys drunk driving accident results in DUI manslaughter charges" »

A dozen attorneys representing 16 clients packed a Daytona Beach courtroom recently to argue whether the Volusia County sheriff's deputy in charge of certifying alcohol breath testing machines has received the proper training, the Dayton Beach News Journal reported.

Our Fort Lauderdale DUI defense strategy frequently challenges the results of field sobriety and breathalyzer examinations on numerous grounds, including the training of the test administrator and the certification of the machine. In this case, dozens of DUI cases hinge on whether the officer in charge of certifying machines received the proper training after retiring for five years and then returning to the department.

Attorneys are arguing that the deputy did not retake a basic course upon rejoining the department in 2008. Because of the number of cases involved, the 90-minute hearing was held in front of a six-judge panel.

The officer is charged with certifying the sheriff's breath-test machines, which must be documented for accuracy. The Florida Department of Law Enforcement oversees the certification and training throughout the state.

As we reported earlier this summer on our Broward DUI Lawyer Blog, Florida DUI defense attorneys have forced a court order that requires the maker of the breathalyzer machine to reveal the computer code upon which it relies. Thus far the company has cited trade secrets in refusing to do so.

Continue reading "Failure to properly certify breathalzer machines in South Florida could be grounds for dismissal of drunk driving charges" »

Four members of an Orlando family were killed while on vacation in St. Petersburg when a man allegedly ran a red light while driving drunk and slammed into their car, the Palm Beach Post reported.

These are always horrific cases. This driver needs the best Florida drunk driving accident lawyer he can find. Prosecutors won't deal. Judges are too happy to hand out the kind of incredibly harsh sentences they think the voters want. And the media dutifully records it all as criminal justice. Meanwhile, the futures of two families are destroyed. The truth is, defendants in these cases are consumed by guilt and would do anything to turn back time. The fact that state prosecutors think they win if everyone loses only compounds the tragedy.

Without the aggressive representation of a veteran Florida drunk driving defense attorney, this man is likely to spend decades behind bars.

The 20-year-old driver was arrested on four counts of DUI manslaughter, along with DUI causing serious bodily injury and possession of alcohol by a minor. Both the driver and a 20-year-old passenger were transported to the hospital with serious injuries.

A 51-year-old account and triathlete was behind the wheel of a Ford Fusion at about 12:45 a.m. when a speeding Impala ran the light on Dr. Martin Luther King Street North at 22nd Avenue North in St. Petersburg. The driver was killed, along with other relatives, ages 28, 24 and 19.

The four men had gone to a movie and were on the way back to a rented house in Redington Beach, where other family members were staying.

Continue reading "Four Orlando family members killed in alleged drunk driving accident" »

Actress Lindsay Lohan has become a favorite target as her ongoing legal issues have landed her in jail and mandatory rehab. But Lohan's legal problems stem from probation violations for an underlying drunk driving conviction that occurred years ago -- a scenario that is all too common in South Florida.

A Fort Lauderdale drunk driving defense lawyer can challenge your case, seek a dismissal or reduction of the charges, or fight for a not guilty verdict at trial. But, equally important, an experienced attorney can fight to ensure that you understand your probation, reporting and parole requirements while arguing against the inclusion of requirements that could lead you right back to trouble.

While Lohan is the butt of a lot of jokes, the truth is that she is not that much different from hundreds, if not thousands, of first-time offenders who appear in South Florida courtrooms on DUI charges each year. Without aggressive and experienced legal representation, many of these defendants will be tripped up again and again by sentencing and probation requirements.

Defendants facing South Florida drunk driving charges frequently have little or no experience with the criminal justice system. As such, they are often surprised to learn that those who have made repeated trips through the system will elect to spend time in jail rather than attempt to complete the requirements of a lengthy period of probation. It is not unusual, as Lohan's case points out, for someone to spend years, or even decades, in and out of courtrooms and jails for probation violations when the underlying charge carried little or not threat of jail time.

In Lohan's case, she was sentenced to 90 days for failure to attend educational classes ordered as part of her plea agreement to two DUI arrests in 2007. She had fallen behind in her classes and missed a May court date.

She was released from jail last week after 13 days and ordered directly into substance abuse treatment facility, according to the Los Angeles Times.

Lohan appeared stunned by the court-ordered jail and treatment sentence and her attorney abruptly quit shortly after the sentence was imposed. Perhaps her attorney could have better communicated the possible penalties of noncompliance. Regardless, more aggressive argument on the front-end of this case could have prevented Lohan from violating excessive probation restrictions.

Continue reading "Fort Lauderdale DUI defendants without experienced defense lawyers can suffer same fate as Lindsay Lohan" »

A school teacher has been arrested and charged with drunk driving in Homestead, according to Channel 7 News.

We think it an incredible number, but the statistics don't lie: 177 people a day are charged with drunk driving in Florida. More and more frequently, such arrests are threatening a defendant's job security. Certainly, that is likely to be the case for a school teacher. Hiring an experienced Miami DUI defense lawyer can help protect your freedom, your livelihood and your right to drive.

The Southwest Miami-Dade school teacher worked as an instructor at Chapman Elementary. She is facing several criminal charges after allegedly becoming violent during her arrest for driving under the influence.

Homestead police said she admitted to operating the vehicle with alcohol and the anti-anxiety drug Xanax in her system and that she resisted arrest. She is charged with driving under the influence and battery on a law enforcement officer.

The Florida Highway Patrol reports a total of 64,654 citations for DUI were issued in 2008 -- about 250 more than in 2007. This increase is despite the fact that the overall number of traffic citations declined.

However, only 38,664 motorists were convicted of DUI. Meaning about half of those charged either succeeded in getting the charges reduced or dismissed or were still fighting the charges at year's end.

Continue reading "School teacher charged with drunk driving in Homestead; proper defense critical to protecting many client's jobs " »

A 46-year-old Volusia County man has been sentenced to 12 years in prison for a fatal Deltona, Florida drunk driving accident.

The Miami Herald reports the sentence comes after a jury convicted him of DUI manslaughter for a September 2007 crash. The man also had his driver's license suspended for life.

The accident happened when the defendant turned left in front of an oncoming motorcycle. The rider was killed in the crash and the defendant's sport utility vehicle struck another vehicle before flipping over. His blood-alcohol level tested .128 and .127, above Florida's legal limit of .08.

Our Fort Lauderdale vehicular manslaughter lawyers are frequently called to represent clients who have been charged in connection with a drunk driving accident. In order for the state to prove DUI manslaughter, prosecutors must prove both that you were driving while under the influence and that you were responsible for the fatal accident. We build a defense aimed at defending a client against both allegations. If we can defend you against either the allegation that you were driving drunk or that you caused the accident, you will not be convicted of DUI manslaughter.

These are tragic cases. Of course, a defendant is filled with remorse. But prosecutors seldom deal and judges are more than willing to please the media and the voters by handing out lengthy prison sentences.

The only defense in such cases is a skilled and aggressive offense.

Continue reading "Deltona, Florida drunk driving accident results in 12 year prison sentence" »

Getting convicted for drunk driving in Fort Lauderdale, West Palm Beach or Miami will result in a number of possible consequences, including jail time, heavy fines and the suspension of your driver's license.

But one of the most costly, and longest-lasting consequences to a South Florida DUI conviction is the cost of auto insurance. Despite its low mandatory minimum coverage levels, Florida is the fifth-costliest state in the nation for auto insurance. The National Association of Insurance Commissioners reports that Florida motorists spend an average of $1,043 a year on coverage.

The high cost comes despite the low $10,000 property damage liability and $10,000 personal injury protection. Neither is typically sufficient enough to pay for damages resulting from a significant auto accident.

Under Florida law, drivers who plead no contest or are found guilty of drunk driving are considered to be at higher risk of an accident and are required to carry an additional $340,000 in coverage. The requirements include an increase to $100,000 personal injury protection coverage per person and $300,000 per accident and $40,000 in property damage coverage.

In many instances, this will increase the cost of insurance more than 300 percent, for a total cost of $3,000 or more per year.

Hiring an experienced Fort Lauderdale drunk driving defense lawyer is important for a lot of reasons. But keeping your car insurance affordable is one of the most often overlooked benefits of fighting a DUI conviction. The increase in insurance premiums alone may cost a motorist $6,000 in the three years after a drunk driving conviction.

Continue reading "Skyrocketing insurance premiums an often overlooked cost South Florida DUI conviction" »