March 2011 Archives

March 26, 2011

Florida Reminding Motorists of Cost of DUI Arrests as Tourism Season comes to a Close

The State of Florida is reminding motorists of the high cost of a DUI arrest in Fort Lauderdale or elsewhere in the state as spring break and the winter tourism season draw to a close.

Fort Lauderdale DUI lawyers understand cost is often a factor when a motorist is facing a drunk driving charge in South Florida. Unfortunately, what many fail to realize is that hiring an experienced drunk driving defense attorney will frequently save a defendant money in the long run.
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The Florida Department of Highway Safety and Motor Vehicles is telling motorists not to let drunk driving make spring break "spring broke." The state reminds drivers that the cost of a drunk driving arrest in Florida can exceed $20,000, including fines, court costs, DUI school, probation, jail time, impound fees, driver's license suspensions and reinstatements and skyrocketing insurance premiums.

"The Florida Highway Patrol isn't against having a good time. We just want spring breakers to celebrate safely so that no one has to go home in a body bag," said Captain Mark Welch, FHP's Chief of Public Affairs. "FHP does not tolerate impaired driving, so drive sober and drive safe."

Florida drunk driving law is particularly strict when it comes to underage drinking and driving -- for those under the legal drinking age of 21, a blood-alcohol level of .02 is enough to lead to criminal charges and driver's license suspensions.

While the Florida Highway Patrol and other law enforcement agencies talk tough, the reality is that the type of special enforcement periods run through spring break and around holidays often lead to the type of marginal arrests that are easily defended against.

As we frequently report, only about half of motorists charged with drunk driving in Florida are convicted in any given year.

Continue reading "Florida Reminding Motorists of Cost of DUI Arrests as Tourism Season comes to a Close" »

March 25, 2011

Spring Break sees Spike of DUI Arrests in Miami, Fort Lauderdale, West Palm Beach

Spring break substantially increases the risk of DUI arrests in Fort Lauderdale and Miami.

The Broward and Palm Beach New Times recently reported that statistics on accidents and arrests show Fort Lauderdale is not among the Top 10 most dangerous spring break destinations -- though West Palm is 5th and Miami is 10th. Lauderdale this year ranks a paltry 13th.
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However through the special enforcement period, which ends April 3, police will be out in force and DUI arrests will likely top the charts when it comes to charged offenses. Consulting an experienced Fort Lauderdale DUI defense lawyer is always in your best interest when facing a drunk driving charge. We understand cost is a concern -- as is the possibility of returning here to face the charges.

The embarrassment, cost and inconvenience is what law enforcement counts on when handing out hundreds, if not thousands, of questionable citations. In the vast majority of cases, the cost and inconvenience of defending yourself will pale in comparison to the long-term cost of having a drunk driving conviction or other criminal conviction on your permanent record. Job loss, issues with receiving certain forms of financial aid, and explanations on job applications for years to come can be just a few of the unforeseen costs of a quick guilty plea.

In many cases, a Fort Lauderdale criminal defense attorney can defend you without your ever needing to return for court. When that's not possible, a single court appearance can often be scheduled around your schedule and is well worth the effort.

Recently, the Miami Herald reported that police in Miami Beach had made 71 arrests through the first two weeks of the special-enforcement period. They had also searched 1,630 coolers (which they can only do with your permission or probable cause) and issued nearly 300 code violations for things like littering.

As the spring break season kicked off March 15, the Treasure Coast Palm reported the area was expected to be busier than in recent years as hotels and motels reported a remarkable spike in bookings this year.

Continue reading "Spring Break sees Spike of DUI Arrests in Miami, Fort Lauderdale, West Palm Beach" »

March 23, 2011

Florida DUI Manslaughter Charges filed after Fort Lauderdale Accident claims life of Miami Heat Dancer

A 43-year-old man has been released on bond after being charged in connection with the alleged Fort Lauderdale drunk driving accident that claimed the life of a Miami Heat dancer last September, the Sun-Sentinel reported.

While we frequently report on the need to hire an experienced Broward DUI defense attorney whenever you are facing drunk driving allegations, that is never more true than in the wake of a serious or fatal accident. As we reported previously on our Broward DUI Lawyer Blog, the 22-year-old dancer was killed when her motorcycle was struck by a Mercedes.

She was riding her 2003 Suzuki GSXR in the 700 block of East Sunrise Boulevard and was pronounced dead at the scene. She had signed on to dance with the Heat this season, beginning with the preseason opener on Oct. 5.

Police say his blood-alcohol level was .24 and .23 -- about three times the legal limit; the first sample was reportedly drawn 90 minutes after the crash.

The Miami Herald reports the defendant is accused of striking her motorcycle from behind. He reportedly told police he had consumed two vodka drinks at the Galleria mall in the moments before the collision. Another good example of why it's best to remain silent. You are not going to talk your way out of charges in a serious accident. If you feel the need to share, do so with an experienced criminal defense attorney.

The defendant has been charged with two counts of DUI manslaughter. Under state law, a Florida DUI Manslaughter charge is a second-degree felony punishable by up to 15 years in prison.

Continue reading "Florida DUI Manslaughter Charges filed after Fort Lauderdale Accident claims life of Miami Heat Dancer" »

March 13, 2011

St. Patrick's Day increases risk of DUI arrest in Fort Lauderdale, West Palm

Police in South Florida are gearing up for a three-day weekend kicked off by St. Patrick's Day, which will undoubtedly lead to an increase in the number of drunk driving arrests in Broward and Palm Beach counties.

Fort Lauderdale DUI defense lawyers urge you to celebrate responsibly and call if you get into trouble. A number of law enforcement agencies are announcing saturation patrols (wolf packs) and DUI roadblocks, or so-called sobriety checkpoints.
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Do "wolf packs" sound to you like a group of well-reasoned officers looking out for your best interests? They don't sound that way to us either. They sound like what they are -- aggressive enforcement blitzes designed to stop motorists and make drunk driving arrests. Such aggressive holiday enforcement tactics virtually ensure that law enforcement will stop innocent motorists or make arrests in marginal cases.

And the Florida Department of Highway Safety and Motor Vehicles is reporting the cost of a DUI conviction is estimated at $5,000 to $20,000, including fines, court costs, increased insurance premiums, probation requirements, jail, and mandatory treatment.

If stopped for suspicion of DUI in South Florida:

-Be quiet and polite. Volunteer no information. Make no statements. Your attempts at humor will not be funny before a judge or jury.

-You are not required to submit to sobriety testing. Field testing is nothing more than an officer's opinion of your guilt -- considering that it is his job to collect evidence of your guilt, you are unlikely to pass.

-You are not obligated to take a breathalyzer test. You should do so only if you are certain you will pass. Refusing to test will result in the automatic suspension of your driver's license. But you will lose your license anyway if you are convicted and not submitting to a BAC will deny prosecutors one of the key pieces of evidence used against you.

-Save restaurant receipts and other information. Write down everything you remember about the stop and arrest. Have the passengers in your vehicle do the same.

-Speak to a qualified drunk driving defense lawyer as soon as possible after you are charged.

Continue reading "St. Patrick's Day increases risk of DUI arrest in Fort Lauderdale, West Palm" »

March 11, 2011

Former MADD Presidents popped for DUI in Gainesville

The former president of a chapter of Mothers Against Drunk Driving has been arrested on a Florida DUI charge, the Gainesville Sun reported.

Broward County DUI lawyers can appreciate the work organizations like MADD have done to reduce the risk of drunk driving accidents. However, the number of drunk driving deaths has declined from 26,173 in 1982 to about 10,000 last year. Yet safety advocates continue to push for even harsher penalties against drunk drivers -- whether it's a further reduction in the .08 legal limit or ignition interlock devices and higher fines. As a consequence, the number of people facing unfair or marginal charges increase with each passing year.
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However, this may not be one of those times! The 48-year-old Realtor allegedly tested .234 and .239 -- nearly three times the legal limit of .08 in Florida -- after being stopped by the Gainesville Police Department. Officers reported seeing the defendant driving erratically (don't they always) and said she smelled of alcohol and had watery bloodshot eyes.

She reportedly told police she had consumed four beers.

The defendant was president of Gainesville's MADD chapter for several years before it closed in 1996 because of a lack of financial support.

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March 8, 2011

Former Dolphins star charged with DUI in Fort Lauderdale

Former Miami Dolphins star Bob Kuechenberg has been arrested on a DUI charge in Fort Lauderdale, the Palm Beach Post reported.

The six-time Pro Bowler allegedly sideswiped another car while changing lanes on I-95, according to the Florida Highway Patrol He reportedly tested .12, above Florida's legal limit of .08, and was charged with DUI involving property damage and improper lane change.
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A Broward County DUI defense lawyer will examine probable cause for Kuechenberg being asked to submit to breathalyzer and sobriety testing. The administration of the tests and the training of the officer or officers involved may also be called into question. As we report frequently, only about half of those charged by the patrol with drunk driving are convicted in any given year.

Kuechenberg was driving a 2002 Volvo at the time of his arrest and posted $2,000 bond. He was a star offensive lineman with the Dolphins from 1970 to 1983. He started in four Super Bowls and helped the Dolphins win two championships.

He was a finalist for the Pro Football Hall of Fame from 2002 to 2009 and was named to the Dolphin Honor Roll in 1995.

NBC Sports reports
it is Kuechenberg's second offense. He is accused of driving off after broadsiding the other driver. The driver followed him and called police. He reported pleaded no contest to DUI in 1994 and had DUI charges reduced to reckless operation as part of a 1993 plea deal.

Continue reading "Former Dolphins star charged with DUI in Fort Lauderdale " »