Broward DUI Lawyer Blog

Florida led the nation in the reduction in serious and fatal car accidents last year and was among the states that also reported fewer fatal drunk driving accidents, according to new statistics released by the National Highway Traffic Safety Administration.

"Today's announcement shows that America's roads are the safest they've ever been," U.S. Transportation Secretary Ray LaHood said. "But they must be safer. And we will not rest until they are."

Fort Lauderdale DUI lawyers applaud the decrease in fatal accidents. But, where state and federal officials continue to insist that drunk driving enforcement and seat belt enforcement are responsible for the decline, we would only point to independent traffic experts that continue to point to the economic downturn as the primary driver of the reduction in fatal crashes.

Florida's 422 fewer crashes led the nation, as the Sunshine State has been hit hard by unemployment and a reduction in tourists and winter visitors.

Nationwide, 33,808 died in traffic crashes last year, a 9.7 percent reduction from the 37.423 deaths recorded in 2008. A total of 2.217 million were injured, also down from the 2.346 million in 2008.

Alcohol was reportedly involved in 10,839 deaths last year, compared to 11,711 deaths in 2008.

The Florida Department of Highway Safety and Motor Vehicles reports that alcohol-related traffic fatalities declined by 14 percent in Florida, from 1,169 in 2008 to 1,004 last year.

Only California and Texas recorded more traffic fatalities, or more fatal drunk driving accidents, than Florida.

Continue reading "Fewer South Florida drunk driving accident a likely result of economic downturn, not enforcement efforts" »

In a tragic case out of the Tampa area, a 58-year-old man is facing DUI manslaughter charges in South Florida in connection with an alleged drunk driving accident that claimed the life of his wife, the Tampa Tribune reported.

Fort Lauderdale drunk driving defense lawyers have seen enough of these cases that it is no longer surprising that law enforcement and prosecutors would compound a tragedy by seeking criminal charges against a husband in the tragic death of his wife. In such cases, the best defense is an aggressive offense. This man should hire an attorney to worry about the criminal angle and concentrate on healing and moving on with his life as best as possible.

In defending a driver against a DUI accident, an experienced attorney will built a defense against both the allegation that the driver was under the influence of alcohol and that he or she was responsible for causing the accident. If the state cannot prove either charge beyond a reasonable doubt, the motorist cannot be convicted of DUI manslaughter. Frequently, reconstructing the scene of the accident offers a credible defense. Too often, law enforcement determines who was at fault in an accident when allegations of drunk driving come to light. Without a thorough review of the causes and circumstances -- credible evidence that a defendant was not at-fault may go unrecorded.

In this case, the Florida Highway Patrol alleges the defendant was driving a Chrysler PT Cruiser on April 30 when he cut off another vehicle in the intersection while trying to turn from Trinity Boulevard onto Tamarind Boulevard. The driver of the pickup could not stop and slammed into the Cruiser, partially ejecting his wife, who was not wearing a seat belt. The 66-year-old woman was flown to a local hospital where she died as a result of her injuries.

The defendant, who was wearing a seat belt, had only minor cuts and bruises -- as did the driver of the other vehicle. Police say his blood alcohol level was .194, more than twice the legal limit of .08 in Florida.

He has been charged with DUI manslaughter, DUI and two counts of DUI with property damage. He was released from jail after posting $10,300 bond.

Continue reading "Tragedy compounded by state's decision to charge husband with DUI Manslaughter after wife dies in South Florida car accident" »

A Miami Heat dancer on a motorcycle died after being struck by a Mercedes in what is being investigated as a possible drunk driving accident in Fort Lauderdale, according to the Miami Herald.

In cases like this, a Fort Laudrdale DUI defense lawyer should be consulted as early as possible, even before charges are filed. In a high-profile drunk driving accident, law enforcement is under increased pressure to build a case and to charge a driver. Having an experienced criminal defense lawyer may even prevent a driver from being charged. Additionally, the early involvement of an attorney can help prevent a client from making mistakes when asked to give statements or provide other information that could harm his or her defense.

The 22-year-old dancer from Plantation was riding a 2003 Suzuki GSXR in the 700 block of East Sunrise Boulavard when she was struck by a 2009 Mercedes, which was benind her. She was pronounced dead at the scene. Police announced the drunk driving investigation but then said it would be months before it is determined whether charges will be filed.

The victim had signed on to dance with the Miami Heat this season, beginning with the preseason opener on Oct. 5. A native of Nicaragua, she moved to the United States as an infant and had graduated from Bradenton's Bayshore High School.

Continue reading "Death of Miami Heat dancer in alleged Fort Lauderdale DUI accident highlights importance of seeking legal representation during investigation" »

It has been nearly three years since the Fort Lauderdale DUI Manslaughter case of former Yankee star Jim Leyrtiz began, yet the criminal case drags on months after he entered into a civil agreement with the victim's family, ESPN reports.

Leyrtiz ws headed home from his 44th birthday party when he allegedly ran a red light in downtown Fort Lauderdale in his SUV, causing an accident that killed a 30-year-old mother of two. His blood-alcohol level tested .14 three hours after the collision.

We reported in May on our Broward DUI Lawyer Blog that Leyritz had agreed to pay a $350,000 civil settlement in the case. The settlement involved a $250,000 settlement to the victim's husband and two children and $100,000 in $1,000 monthly installments beginning April 15, 2011.

The victim had just left her job as a bartender in Fort Lauderdale and was also driving legally drunk, according to media accounts of blood-test results.

Since that night, ESPN reports that Leyritz has twice been arrested for drinking in violation of the terms of his probation and was charged with domestic assault in an incident involving his ex-wife; that case is still pending. Despite claims of his innocence (he maintains he had the green light and the woman struck him), he has reportedly been shunned by the Yankees, is nearly broke and has been forced to seek assistance from the Baseball Assistance Team, a charity for troubled players.

As tragic as this case is, it illustrates the critical need for an experienced and aggressive Fort Lauderdale drunk driving defense attorney. The state must prove that the defendant was drunk and that he caused the accident. By mounting an aggressive defense against both the DUI charge and the cause of the accident, an experienced lawyer will stand the best chance of defending a client facing DUI manslaughter.

The court of public opinion can be just as important. And an attorney can also assist in defending a client's reputation with the media, his employer and other parties. Lastly, a good criminal defense lawyer can and should work with civil attorneys to defend a client against a civil judgment, which can impact a person's quality of life long after a criminal case is over.

The defense suffered a major blow last week when a judge ordered they would not be able to show that the victim was text messaging, was not wearing a seat belt and was even more intoxicated than Leyritz. His attorney has asked for a delay while he appeals the decision.

Continue reading "Problems for former Yankee's star continue as court ruling delays Fort Lauderdale DUI manslaughter case" »

A teenager charged with drunk driving in Miami is accused of killing his best friend in an accident after losing control of his vehicle and striking a pole, the Miami Herald reported.

An experienced and aggressive Miami drunk driving defense lawyer will need to fight to prevent this tragedy from ruining the life of the young man who was behind the wheel in this case. The 18-year-old defendant will likely face very serious prison time as an adult. Even juvenile DUIs in Miami that do not involve an accident should be handled by an experienced attorney. These charges do not disappear in adulthood, but remain on a person's driving record. Too often, parents do not take them seriously enough; a DUI conviction can impact a young person's ability to hold certain jobs, join certain professions or even be admitted into some colleges or obtain government assistance like student loans.

But the fact that the charges involve a fatal accidents means the state will likely move aggressively to seek lengthy prison time and other harsh penalties. Judges are all too often willing to comply. The 18-year-old Hollywood man surrendered to authorities this week and faces charges of DUI manslaughter, DUI manslaughter impairment and DUI property damage. His 18-year-old friend, a Hollywood Hills High School graduate, died at the scene.

Under Florida law (F.S. 316.193(3)), DUI manslaughter and vehicular homicide are second-degree felonies, carrying a penalty of up to 15 years in prison and a $10,000 fine.

Bond was set at $60,000 and the defendant was ordered to wear an electronic monitoring bracelet.

Continue reading "Teen charged with DUI manslaughter in Miami after alleged drunk driving accident claims life of friend" »

The CEO of Horace Mann Educators Corp. has made headlines from Florida to the Springfield Journal-Register after late-breaking news that he is accused of driving drunk and hitting another driver head-on in a Memorial Day weekend car accident.

The 65-year-old executive has been placed on a leave of absence while he serves a 60-day jail sentence in Indian River County. The media reports he pleaded guilty last week to driving under the influence of alcohol and causing an accident involving personal injury or property damage. He is slated to be released from jail on Oct. 26.

Fort Lauderdale DUI defense attorneys are aware that job concerns are a factor in an increasing number of drunk driving cases. We are often called to work with clients to seek an outcome that will permit them to keep their job. Sometimes, this involves fighting the charge and avoiding a conviction. At other times, we may work with you and the state to arrange for alcohol treatment and other requirements to be fulfilled on the weekend or when they will not conflict with work.

In this case, no one was hospitalized. The executive refused a breathalyzer test and also declined to provide an account of the accident. A court-ordered blood sample was taken. Motorists have every right to refuse breathalyzer examinations or to decline to take field sobriety tests. In cases where accidents are involved, authorities may seek a court order to obtain a blood sample. However, if this process is not conducted properly, the evidence may not be admissible in court. The amount of time it takes to coordinate the blood sample may also be an issue: the longer a defendant goes without testing, the lower his blood-alcohol content will generally be upon testing.

The Treasure Coast Palm reported the sentence also includes one year probation, a license suspension and DUI school. The arrest made national news from the Wall Street Journal to the Los Angeles Times on Tuesday and it required a material event filing with the Securities and Exchange Commission. The stock was down slightly upon news of the arrest but is up about 40 percent on the year and trading at about $17.65 late in the week.

Continue reading "CEO's Florida DUI arrest makes nationwide news; job security an important consideration in fighting drunk driving charges" »

A Boston defense contractor is testing a next generation ignition interlock device that the federal government hopes could someday become as standard in new vehicles as seat belts and airbags, the Boston Globe reported.

An experienced Fort Lauderdale DUI defense lawyer understands the many reasons such a system will not succeed -- not the least of which are the gross privacy violations inherent in forcing every motorists to submit to a breath test each time they climb behind the wheel.

The National Highway Traffic Safety Administration is spending $10 million on the study and believes the technology could save as many as 9,000 of the 11,000 motorists who are killed each year as a result of accidents involving alcohol. An early version of the system is undergoing testing under a 5-year contract with a Waltham defense contractor. Those tests are scheduled to come to an end in 2013.

Congress is considering appropriating another $10 million even as critics voice concerns over privacy and the cost and maintenance involved.

More rudimentary systems exist in the form of ignition interlock devices, which require some DUI offenders to pass a breath test before their car will start. The new system would reportedly test a driver's blood-alcohol level with the push of a button. Designers hope to create a system that will work without a driver's active involvement.

One hurdle is cost. Another is size -- the test models are the size of a shoe box or larger.

Reliability could also be an issue -- defective devices could seriously inconvenience sober motorists and could even cause a safety issue.

Continue reading "A breathalyzer in every car? South Florida DUI Attorneys think not" »

A Labor Day weekend sobriety checkpoint in Hialeah Gardens involved 30 police officers and resulted in three arrested for DUI, the Miami Herald reported.

Of course that is not exactly how the Herald reported it -- mostly the paper talked about how "heartfelt" roll calls and "zero tolerance" and the dangers of drunk driving. But when a SWAT Team is sent in to make an arrest, there are usually not 10 officers per defendant. Our Miami DUI defense attorneys frequently report on the low success rate and high cost of these roadblocks.

The article spent some time on the night's strangest occurrences, including a guy who pulled to a stop with a beer in his hand; a car full of marijuana smoke; and a woman who blew through the stop hollering she had SunPass, only to be arrested for 138 unpaid SunPass violations.

Of course, the stop was at Northwest 103rd Street at the onramp to the Palmetto Expressway and motorists are not expecting to find 30 officers with activated emergency lights. The real miracle is that many more accidents do not occur. Our Broward DUI Lawyer Blog recently reported an officer was hit while conducting a sobriety checkpoint ... out in front of the police station.

Last weekend's checkpoint also included officers from Medley, Virginia Gardens, Key Biscayne, Hialeah, Miami-Dade Public Schools and North Miami. A total of 575 vehicles were inspected, 85 citations were issued and three arrests were made for DUI.

A total of 17 arrests were made in all. Many of those non-alcohol arrests will likely be reduced or dismissed if the defendants hire an experienced attorney to argue that they should not have occurred as the result of a sobriety checkpoint stop.

Continue reading "SWAT Team sends fewer officers per arrest than Miami-Dade DUI Checkpoints" »

Three people were arrested over the Labor Day weekend and charged with driving drunk with their children in their cars, according to the Sun-Sentinel.

As we have previously reported on our Broward DUI Lawyer Blog, the presence of a child in the car can complicate a Fort Lauderdale DUI arrest and frequently results in child endangering charges. As such, it can also trigger the involvement of social services and child welfare officials. Failure to protect your rights and deal aggressively with such a situation can lead to long-term involvement of child welfare bureaucrats in your family's affairs and may even result in the loss of custody of your children.

-A 29-year-old Palm Springs defendant was charged with DUI and child neglect without great harm after an arrest on Sunday night. The driver was stopped by a Palm Beach County sheriff's deputy for traveling 55 mph in a 35 mph zone. Two sons, ages 11 and 13, were in the car.

-A 43-year-old Deerfield Beach defendant was also charged Sunday night with DUI and child neglect without great harm. He was arrested after Delray Beach police allegedly saw him weaving on South Federal Highway near Lindell Boulevard, while traveling 70 mph in a 35 mph zone. His 8-year-old son was in the car.

-A 30-year-old Royal Palm Beach woman was arrested shortly after midnight Monday and charged with DUI with property damage and child neglect without great harm. Her 6-year-old daughter was in the back seat when the 2002 Oldsmobile Alero collided with another vehicle at State Road 7 and Pioneer Road.

The Florida Highway Patrol issue 13,995 citations over the Labor Day weekend. Happy Labor Day!

A total of 5,741 speeding tickets were issued, while 1,509 motorists were slapped with seat belt violations, according to the Sun-Sentinel.

ABC Action News reported that 511 arrests were made for DUI.

A total of 17 motorists died in accidents on Florida roads over the three-day weekend.

Continue reading "Presence of children can complicate DUI arrests in Fort Lauderdale" »

An Assistant Coach for the Tampa Bay Buccaneers has been arrested and charged with DUI in Florida the Tampa Bay Tribune reported.

The National Football League reported that Chris Mosley, 32, tested .137 and .143 and was released on $500 bail. The legal limit for drunk driving in Florida is .08.

According to media reports, Mosley was arrested shortly before midnight Tuesday at Swann and Moody avenues. Police say he was driving a Ford SUV when he failed to stop for a red light on Armenia Avenue. Police reported that he smelled of alcohol, had glassy bloodshot eyes and swayed while standing.

Of course, that is what they always report! An experienced South Florida DUI lawyer will review both the probable cause for the traffic stop and the probable cause for requesting that you complete field sobriety tests or submit to a breathalyzer examination. In the later case, police almost always cite "glassy bloodshot eyes" or "slurred speech" or "an odor of alcohol."

If your attorney can succeed in proving that an officer lacked probable cause, you stand a good chance of having the charges against you reduced or dismissed. In this case, Mosley submitted to field sobriety tests and was arrested and charged with driving under the influence of alcohol.

Prior to his work with the Buccaneers, he was a tight end coach at Princeton University. He graduated from Boston college in 2007.

Continue reading "Tampa Bay Buccaneers assistant coach cited for DUI in South Florida" »

Fort Lauderdale DUI Attorney Carlos Canet wishes you a safe and enjoyable Labor Day weekend and encourages you to celebrate responsibly. Authorities will be out in force, looking to bust motorists for just about anything and conducting law enforcement roadblocks during the last big overtime weekend of the summer.

"Drunk driving is simply not worth the risk. Not only do you risk killing yourself or someone else, but also the trauma and financial costs of a crash or an arrest for impaired driving can be significant," said Florida Highway Patrol Director, Colonel John Czernis. "Violators often face jail time, the loss of their driver license, higher insurance rates, attorney fees, time away from work and dozens of other expenses. Do not take the chance. Remember, if you are over the limit, you can expect to be under arrest."

In fact, law enforcement in all 50 states will be participating in the "Drunk Driving. Over the Limit. Under Arrest" campaign, which is being augmented by a $13 million public service campaign on radio and television, according to the National Highway Traffic Safety Administration.

"Drunk driving is deadly, it's against the law, and unfortunately, it's still a problem," said Secretary Ray LaHood. "With the help of law enforcement around the country, we are going to continue doing all that we can to stop drunk driving and the needless tragedies that result from this reckless behavior."

The reality is that a significant number of serious and fatal Fort Lauderdale car accidents are caused by drunk drivers. However, it is just as true that law enforcement frequently blame an accident on a driver when it is determined that he or she has been drinking. Further investigation may have determined a driver accused of DUI was not at fault in the accident. This can have a dramatic impact on your case and can even prevent you from being charged with a felony DUI or with DUI manslaughter.

Additionally, holiday weekend enforcement frequently leads to sobriety checkpoints and other questionable enforcement tactics that often result in questionable arrests. Those charged with drunk driving should always seek the advice of an attorney. DUI charges, particularly for first-time offenders, are often beatable. By the highway patrol's own estimates, only about half of all motorists charged with drunk driving last year had been convicted of DUI by year's end.

Drunk driving can result in the loss of your driver's license, jail time, fines, court costs, mandatory treatment and skyrocketing insurance rates. Job loss and the inability to hold certain jobs or enter certain professions is also a common consequence of a drunk driving conviction. Financial estimates put the cost of a DUI at $10,000 or more. Spending the money to hire an experienced DUI attorney in Miami or Fort Lauderdale can help protect your rights, your freedom and your financial well-being.

Continue reading "Fort Lauderdale DUI Defense Attorney Carlos Canet wishes you a safe and enjoyable Labor Day weekend" »

Being involved in a Florida DUI car accident is bad enough, but for one 61-year-old woman in Pasco County, things went from bad to worse when she was arrested and charged with DUI after rear-ending a stopped Pasco County cruiser, which then struck the vehicle it was behind, tbo.com reports.

While no one was injured, the driver agreed to a field sobriety test. According to arrest affidavit details included in the tbo.com report, the driver "swayed and otherwise did poorly" during the test. An experienced South Florida DUI lawyer should always be called to represent someone charged with drunk driving, but especially anytime an accident allegation is involved.

Many drivers think that taking a breath test or participating in a sobriety test will prevent them from being arrested, or that a good showing could keep them from being charged with a DUI. In reality, the officer has likely decided to charge you with drunk driving by the time such tests are requested. Probable cause is usually indicated in the police report by some mention of visual signs of intoxication - glassy eyes or slurred speech are commonly indicated - or the smell of alcohol.

It is also not uncommon for police reports and affidavits to paint an incomplete picture of events leading up to whatever incident resulting in your arrest and subsequent charges. The best course of action for a driver who thinks they may be facing a DUI arrest is to remain calm, polite and quiet. Later on, documenting your recollection of events and sharing them with your attorney can be of added benefit to your defense.

Continue reading "Pasco driver charged with DUI after striking deputy's vehicle on US 19" »

A Tampa judge has been ordered to revisit the life sentence handed to a man convicted of DUI manslaughter in South Florida.

Channel 10 News reported that a judge will reconsider the sentence of Joseph Safrany because he was not permitted to make a pre-sentencing statement about his remorse for the crash. Even if a defendant is convicted, an experienced Fort Lauderdale DUI attorney will understand his clients rights and can preserve such issues for appeal.

In this case, the defendant was given life for a DUI crash that killed three men and injured a fourth. He was sentenced to an additional 5 years for fleeing police and waiting 15 months to turn himself in. He submitted to authorities after appearing on America's Most Wanted.

"The accident was just that, it was an accident and I'm sorry for my part of it and their part of it," Safrany told the judge.

Safrany won the request for a re-hearing on the grounds that being permitted to make a pre-sentencing statement of his remorse could have altered the sentence against him. Authorities were allowed to present evidence that his blood-alcohol level was twice the legal limit and that he was speeding.

Continue reading "Lack of pre-sentencing statements earns defendant reconsideration of DUI manslaugther sentence" »