Broward DUI Lawyer Blog

A past DUI arrest has come back to haunt a candidate seeking to head Florida's Republican Party, according to the Huffington Post.

There is no question the increasing stigma associated with drunk driving has made it more important than ever before to fight a DUI arrest. Fort Lauderdale drunk driving defense lawyers frequently deal with clients concerned about the immediate ramifications of job loss, loss of a driver's license or jail time. But being forced to disclose a DUI conviction on future job applications is another reason worth fighting a charge. And lawmakers continue to change the rules, toughening the penalty for repeat offenses, adding penalties like ignition interlock devices, and even discussing the lowering of the .08 legal threshold.

In this case, Deborah Cox-Roush is seeking to become the next chair of Florida's Republican Party but is now been forced to repeatedly explain the circumstances of a 2004 drunk driving conviction.

Currently the chairwoman of the Hillsborough County Republican Party, she is trying to limit the damage by releasing a letter regarding the incident. She claims she was headed home from the St. Pete Times Forum, where she watched the Tampa Bay Lightning win the Stanley Cup, when she was stopped at a DUI checkpoint by Tampa police. Police records indicate she tested .163, more than twice the legal limit of .08.

The letter then attempts to deflect the issue. There is no word on whether she spent as much time fighting the charge at the time of arrest. Charges stemming from sobriety checkpoints are among the most beatable, particularly for first-time offenders.

The Miami Herald reported this week that Cox-Roush lost to David Bitner, who was selected this week as Florida's GOP chair.

Continue reading "Old Florida DUI arrest haunts GOP chair contender" »

We are pleased to report that South Beach developer and nightclub promoter Michael Capponi has had his Miami drunk driving charge dismissed.

As we reported on our Broward DUI Lawyer Blog last November, he was charged despite passing two breathalyzer examinations with a test of .06 -- the legal limit is .08 in Florida. Officers then insisted he must be on drugs, at which time he volunteered for and passed a urine test.

He was nevertheless held overnight in jail. This case perfectly illustrates the need for an experienced and aggressive South Beach DUI lawyer to protect your rights. Frankly, authorities should count their lucky stars if they get out of this one without a civil suit.

The defense attorney notes Capponi was charged despite passing the breath tests and without waiting for the results of the urine test. Capponi claims he was targeted because of a past history with drugs, despite being clean for more than 15 years and being a strong advocate against drug use.

Capponi is reportedly in Haiti working with victims of the earthquake and has agreed not to pursue any further legal action against the Miami Beach Police Department, according to a report in the New Times.

Continue reading "DUI charges dropped against South Beach promoter" »

Former "Partridge Family" star David Cassidy is expected to plead guilty or no contest "in absentia" to a DUI charge in St. Lucie County, the TC Palm reported.

A DUI defense attorney in Fort Lauderdale can work with high-profile clients, or those who live out of the area, to streamline the impact of a drunk driving charge. In some cases, court appearances can be avoided, or limited to a single appearance for those who live out of the area or who face other issues involving court appearances.

As we reported in November on our Broward DUI Lawyer Blog, Cassidy was charged with DUI after police say he was weaving in his 2008 Mercedes. Police say a half-full bottle of bourbon was found in the back seat.

The judge said Cassidy was expected to enter a written plea to the charges, which include failure to maintain a single lane and an open container violation. His attorney will be permitted to enter the plea on his behalf and he will not be required to appear in court.

The judge was quoted telling reporters lined up with cameras in anticipation of Cassidy's appearance: "There likely will be no movie star (at the Feb. 16 hearing), but there likely will be a movie star's lawyer."

The Florida Highway Patrol made the stop on Florida's Turnpike just north of Okeechobee Road, near Fort Pierce. Cassidy lives in Fort Lauderdale.

Continue reading "Defense attorney able to keep actor out of court on St. Lucie DUI charge" »

CNN reports a man has been sentenced to 51-years to life in prison for a drunk driving accident that claimed the life of a Major League Baseball pitcher.

While an extreme example, this case illustrates why it is critical to consult an experienced Fort Lauderdale DUI lawyer as early as possible when an arrest involves a serious or fatal accident. The Florida Department of Highway Safety and Motor Vehicles reports 1,004 motorists died in drunk driving accidents last year in Florida -- or about 3 a day.

Judges and prosecutors are not known for their leniency in such cases -- long prison sentences are the norm without an aggressive and experienced defense. Perhaps most alarming is the fact that law enforcement too often switches focus from determining the cause of an accident to gathering evidence of a motorist's guilt once it is alleged that a party to an accident was intoxicated.

Consulting an attorney as early as possible in the process -- before formal charges are even filed -- can be the best bet when it comes to fighting for your rights and your freedom. An independent accident investigation may reveal other causes for the crash. If prosecutors fail to prove either that you were responsible for the accident or that you were intoxicated, than the most serious charges against you may be reduced or dismissed.

In this case, the defendant was accused of speeding through a red light and running into a pitcher for the Los Angeles Angels in April 2009. The defendant allegedly had a blood-alcohol level that was three times over the legal limit.

The 22-year-old pitcher was in his first year in the major leagues. He had just pitched his fourth game hours earlier. The crash also killed a 20-year-old college student and a 25-year-old law student.

Continue reading "Half-century sentence of DUI accident illustrates need for aggressive defense " »

The Examiner reports a defendant has reached a negotiated plea as the result of a January 2009 drunk driving accident in Miami that killed a Plantation doctor.

Richard Doval will be sentenced to six years in prison, two years of house arrests and fifteen years of probation. His driver's license was suspended for life and he must pay more than $25,000 in restitution.

The job of a Miami drunk driving defense lawyer is to reach the best resolution possible in a case, given the facts. In this case, a well-known doctor was killed in a crosswalk. Under Florida law, anyone convicted of DUI manslaughter or vehicular homicide faces up to 30 years in prison if the charge includes allegations of leaving the scene of an accident.

Prior published accounts report the doctor was walking across the street with three colleagues who were in Miami to attend a medical conference. A truck plowed through the intersection, hitting the doctor in the crosswalk and throwing him 65 feet to his death. The driver did not stop after the collision, but was followed by a witness and stopped by police. He reportedly had a half-empty bottle of liquor in his truck at the time of his arrest.

The 60-year-old physician had worked as a kidney specialist with offices in Coral Springs and Lauderdale Lakes.

Continue reading "Negotiated plea reached in Miami drunk driving accident that killed physician" »

The Florida Highway Patrol arrested almost 500 motorists on drunk driving charges over the Christmas and New Year's holiday, according to the Florida Department of Highway Safety and Motor Vehicles.

Happy New Year!

Veteran Fort Lauderdale DUI Defense Attorney Carlos Canet knows that many of these cases will not result in a guilty verdict. In fact, the patrol's own statistics show only about half of all motorists charged with drunk driving are convicted in any given year. Those who are arrested during periods of increased enforcement -- whether on New Year's Eve or during the upcoming Super Bowl weekend, run an even greater risk of being charged as a result of a marginal arrest.

In many cases, questionable charges may be brought amid pressure on law enforcement to make arrests. In other cases, auxiliary or reserve officers may lack the proper training to conduct field sobriety testing or administer a breathalyzer examination.

In this case, the patrol reports its 19-day "Drunk Driving. Over the Limit. Under Arrest." campaign included reserve officers, auxiliary troopers and administrative staff. Nearly 41,000 citations were issued, including 474 arrests for driving under the influence of alcohol or drugs.

More than 13,000 drivers were charged with speeding and more than 4,000 citations were issued for not wearing seat belts.

Florida traffic accidents claimed 56 lives during the campaign.

"Our troopers worked hard to help our residents and visitors have a safe and enjoyable holiday period," said Patrol Col. John Czernis. "Motorists who operate their vehicles in an unsafe fashion are a danger that puts innocent lives at risk. The men and women of the Florida Highway Patrol did their part to identify the unsafe drivers and take the steps necessary to decrease that risk."

The DHSMV announced last month that a drunk-driving conviction can cost as much as $20,000, including fines, court costs, DUI school, monitoring, impound fees, increased insurance premiums, prison or probation, and ignition interlock devices. Consulting an experienced drunk driving defense lawyer in Broward County can help protect your rights, your freedom, your livelihood and your financial well-being.

Continue reading "Holiday DUI charges in Fort Lauderdale often result from questionable arrests " »

The American Beverage Institute is calling for an end to Sobriety Checkpoints, saying such law enforcement roadblocks are ineffective. Because it is the Beverage Institute, the call will likely be ignored.

Never mind the fact that they are right. Broward County DUI defense attorneys are frequently called to defend clients against these arrests. Such charges are often beatable. The roadblocks put law enforcement and motorists at risk. But they pay overtime through state and federal grants and as long as that is the case, law enforcement will continue to trot them out each holiday weekend as a public relations tool to convince the public their tax dollars are working effectively.

The Gainesville Sun reported that the Beverage Institute contends the roadblocks are ineffective because chronic drunk drivers can easily avoid them, while drivers who have had moderate amounts to drink are often intimidated and often arrested.

There is also increasing evidence that technology -- including Facebook, Twitter and text messaging-- permits the location of checkpoints to spread like wildfire, making them even less effective with each passing year.

Fewer than 1 percent of DUI arrests in Florida occur at sobriety checkpoints.

Motorists have been subjected to the checkpoints since a Florida Supreme Court ruling in 1986 and a U.S. Supreme Court ruling in 1990 upheld their legality despite their infringement on a motorist's rights against unreasonable search and seizure. In a nod toward those rights, the courts ruled the roadblocks must obey strict guidelines, including:

-Use of specific plan drafted by supervisors that restricts the discretion of field officers.

-Plan must spell out technique for selection of vehicles, detention of motorists, duty assignments and disposition of detained vehicles.

-Adequate lighting, warning signs and signals must be used to help protect motorist safety and police officers must be clearly identified.

-The degree of intrusion and length of detention must be held to a minimum.

The court also ruled law enforcement must determine the road blocks are significantly more effective at combating drunk driving than other available means. Law enforcement continues to argue that is the case.

The Beverage Institute has joined the chorus of boos.

"Roadblocks target moderate drinkers instead of the root cause of today's drunk driving problem -- hard core alcohol abusers," ABI Managing Director Sarah Longwell said. "Police tactics should focus on stopping dangerous drunk drivers, not responsible drinkers."

Continue reading "Group calls for end to Sobriety Checkpoints in South Florida" »