Broward DUI Lawyer Blog

Well, they're at it again. Government officials are trying to shut down DUI checkpoint locators. The Fourth Amendment protects you from unreasonable search and seizure. Law enforcement roadblocks violate that right and have for years. The courts have permitted it. Doesn't mean they shouldn't expect technology to fight back.

Officials are writing companies like Research in Motion (RIM), Apple and Google protesting applications informing drivers of DUI checkpoint locations, according to The New York Times.

If you're currently facing DUI charges in Fort Lauderdale, Miami or West Palm Beach, it is critical for you to contact a Fort Lauderdale DUI defense attorney. A DUI checkpoint must be run under strict rules and regulations as law enforcement officials are required, by law, to treat every motorist equally. They must be properly trained to perform such sobriety tests and, most importantly, there needs to be probable cause for requesting that you submit to field sobriety tests or a breathalyzer examination.

"PhantomAlert", a common DUI checkpoint application, has approximately 500,000 locations listed in its database, which grows each time a driver sends in real-time alert regarding DUI checkpoint details. Based on the GPS data provided by the reporting user, the next driver that encounters the checkpoint while running the application will receive a warning. This program is also commonly used to warn drivers of speed traps. This application can be purchased and used for $9.99 a month.

Four Democratic senators recently sent out disapproving letters to hosts of the applications, stating that this type of software could be used by drunk drivers to avoid police sobriety checks, "putting innocent families and children at risk."

"These applications are nothing more than a how-to guide in avoiding law enforcement and they provide drunk drivers with the tools they need to go undetected," argued Senator Schumer of New York.

"With a person dying every 50 minutes in a drunk-driving crash, this technology should not be promoted to your customers," the letter further stated. "In fact, it shouldn't even be available."

DUI checkpoints haven't been a worthwhile law enforcement tool for years. Cell phones, text messaging, Facebook and Twitter are all used to warn motorists. These and other simple forms of communication have been long helping to ensure that checkpoints are bypassed by legions of motorists.

Makers of the apps argue they are a deterrent -- and should be no problem for law enforcement, which has argued for years that the checkpoints are operated as a deterrent.

Continue reading "DUI Checkpoint Apps under fire as Motorists avoid Law Enforcement Roadblocks in Fort Lauderdale" »

A Boynton Beach driver was charged with DUI manslaughter earlier this month. He is also facing seven additional charges because of a wrong-way Boca Raton drunk driving accident that killed a young Plantation woman and injured two others back in 2008, according to The Examiner.

Veteran Broward County DUI Lawyer Carlos Canet frequently encourages defendants to seek the advice of an experienced and qualified drunk driving defense attorney as soon as possible after a DUI car accident. This is particularly critical in the wake of a serious or fatal crash. Authorities continue to seek maximum penalties against those who are charged in fatal drunk driving accidents.

Police report that the driver was intoxicated and heading northbound in the southbound lanes of Interstate 95 in Boca Raton when the car struck an SUV carrying 5 people, according to the Orlando Sentinel. Three of the five people of the SUV were ejected as a result of the crash.

The Boynton Beach driver was schedule to plead guilty to the DUI manslaughter charges back in November but reportedly broke out of his house arrest ankle monitor and fled to Belize. He was found and captured nearly a month later, reports ABC 25.

Typically, a defendant is facing many years behind bars if found guilty. Prosecutors are often not inclined to strike a deal unless an aggressive defense lawyer backs them down.

By thoroughly investigating a DUI Manslaughter or DUI homicide case, a drunk driving defense lawyer may:

-Fight the results of breathalyzer examinations or field sobriety tests.

-Challenge and examine the actions of officers at the scene.

-Be able to show a defendant was not responsible for causing the accident, or was only partially at fault.

-Reach an agreement with the prosecuting attorney that is in a defendant's best interest, often a much better deal than potential sentencing.

-Challenge the search and seizure of evidence.

-Call into question the training of officers or maintenance and operation of a breathalyzers.

-With the proper evidence and defense, an attorney can work to seek a reduction or dismissal of the charges. An attorney can even fight for alternative sentences.

The Boynton Beach man is facing 25 years in prison, and with his current age of 67 he states that's virtually a life sentence.

Continue reading "Elderly Florida Man Faces DUI Manslaughter Charges in Boca Raton Drunk Driving Accident" »

The mother of Lebron James, Gloria James, was arrested earlier this month by the Miami Beach police after she reportedly assaulted a valet worker. Reports claims she swung her purse at a valet driver after she was informed that her keys were in her car but could not be located at the time, according to The Los Angeles Times. While reports also state she missed the driver with her bag, she proceeded to slap him in the face just a minute later.

James was arrested after officials claimed her breath smelled of alcohol and her eyes were bloodshot. The arrest happened at around 5 a.m. at the Fontainebleau Hotel in Miami Beach. She had reportedly been there partying at club LIV with girlfriends.

It is critical for you to contact a Miami Beach DUI lawyer if faced with a DUI charge; the resulting probation can be the beginning of much more serious legal problems. As this arrest isn't the first for James, she faced DUI charges in Ohio back in 2006.

"There was an incident involving Mrs. Gloria James and an employee of our valet parking provider while she was exiting the hotel early Thursday morning," a spokesperson for Fontainebleau Miami Beach, said in a statement.

She was arrested and was ordered to appear on charges of disorderly conduct and simple battery. Reports state she was later released to Miami Heat executive Steve Stowe.

The police department's surveillance video reveals Gloria waiting in handcuffs in the holding room of the local police station, according to New York Daily News. She was reportedly agitated. In an affidavit obtained by TMZ.com, Gloria James was "uncooperative" during the arrest.

The driver reportedly intends to take legal action against the mother of the NBA's two-time reigning MVP, according to TODAYonline. Officer report that several witnesses were present and support the account of the alleged assault.

If you've been involved in a DUI, you are advised to seek legal representation. In cases like this, it is possible that a probation violation can prove more serious than the underlying charge. If you don't believe us, go ask Lindsay Lohan.

Continue reading "Mother of Lebron James Faces Assault Charges After Previous DUI Incident" »

A 24-year-old Davie woman was recently arrested and is facing charges of DUI manslaughter, driving with a suspended license and reckless driving. These charges stem from a 2008 rollover car accident in Hollywood that killed the front-seat passenger in her car, according to the Orlando Sentinel.

Our Fort Lauderdale DUI attorneys understand the drastic affect these charges can have on the life of a defendant. If you're involved in a DUI accident, it is critical for you to contact an attorney experienced in handling these types of cases as soon as possible after an accident.

The David woman was taken to the hospital, back in 2008, after the motor vehicle accident and tested positive with a .102 BAC at the time of the crash. Her blood test also revealed a positive reading for the drug Xanax in her system. But why the charges two-years later?

The 24-year-old driver was recently arrested and has now been charged with these driving related offenses. An affidavit from late October 2010 neglected to state why it took authorities such a long time to file for the arrest warrants and charge the driver in the accident. This most recent arrest may end up affecting another criminal court case she is currently involved in.

A separate case finally comes to a close as a Fort Lauderdale man lives out his dream of opening a café by the end of the summer, after serving more than four years in prison for DUI manslaughter.

The only good thing this man may have gotten out of his four-year sentence was the opportunity to attend SCORE entrepreneurship workshops. He attended these classes, taught by volunteers from the Service Corps of Retired Executives, once a week while he was in prison to learn about marketing, social media, budgeting and product management. Although he gained a little bit of knowledge that helped him to begin his new restaurant, he lost out on four prime years in his life.

A DUI conviction can change virtually every aspect of a driver's life, even years after the accident occurs. Typical charges for a first conviction DUI include court fines and fees, license revocation, DUI school, probation, possible jail time, increase insurance premiums and it may affect your ability to land certain jobs in the future.

When an accident occurs, of course the victim is impacted. But the tragedy is often compounded by authorities that insist upon making an example of a remorseful defendant.

Continue reading "South Florida DUI Accident Life-Altering for Defendants as well " »

Federal funding is being channeled to a program designed to make alcohol-detection devices available as a new car option within the next ten years, according to The New York Times. While some are for the new technology, others claim it's a government invasion and has no business being in our cars.

"Individuals driving with a BAC of .08 may have only had one or two drinks and can be convicted for drunken driving," said Sarah Longwell, the spokeswoman for ABI. "There is a huge difference between an offender who has gotten in a car and is slightly above the legal limit and a driver who has had 10 drinks."

Our Fort Lauderdale DUI attorneys urge you to practice safe driving habits regardless of the situation. We understand that drivers may be falsely accused of driving under the influence for a number of reasons. And, as authorities continue to push for tougher DUI penalties, the number of drivers arrested in marginal or questionable DUI cases continues to rise.

Politicians are only too happy to pass tougher measures -- and, of course, there is never a shortage of rhetoric.

"We've worked on behavior modification for the last 30 years, but we're still killing almost 11,000 Americans a year," says Laura Dean-Mooney, national president of Mothers Against Drunk Driving (MADD).

Government officials are now trying to interfere with the driving habits of all drivers. These proposed devices would be set up in vehicles to stop a driver from starting the vehicle if they test above the legal limit of intoxication. Unlike ignition interlock devices, which are temporarily installed in the vehicles of some offenders, this technology would be a permanent feature designed to detect blood-alcohol level by measuring the air inside the vehicle or via a thumbprint. Thus far, officials are describing the effort as "optional" equipment in new cars.

The legislation is aiming to redirect nearly $60 million in highway safety money to a government-industry research project to develop a prototype of the alcohol-detection device for cars. The five-year project is sponsored by Sens. Tom Udall, D-N.M., and Bob Corker, R-Tenn.

"What we're doing is developing technology that won't interfere with sober drivers, will require virtually no maintenance or upkeep and will have such precision that it only stops a driver when their blood alcohol content is .08 BAC or higher, which is the illegal limit for drunk driving in every state," said Shane Karr, vice president for Federal Government Affairs at the Alliance of Automobile Manufacturers.

Continue reading "Alcohol-Detection Devices One Step Closer to Reality as Next Consequence for DUI Offenders in Fort Lauderdale" »

A 32-year-old woman is facing criminal charges as she allegedly struck a jogger with her SUV in Coconut Grove. The accident took place near Virginia Street and West Trade Avenue at around 12:30 a.m., according to Miami NewTimes.

Local authorities report that the jogger was crossing the intersection when the motorist swerved into a car that was parked on a swale. The SUV allegedly ricocheted off the parked car and struck the jogger, who was reportedly thrown 160 feet from the force of the impact, according to The Miami Herald.

Our Fort Lauderdale DUI lawyers urge you to contact an attorney immediately if you're facing DUI charges as the penalties have the potential to seriously and negatively affect your life. As the Florida Department of Motor Vehicles states, a first-conviction DUI can result in imprisonment of up to six months, probation for up to a year, fines ranging between $250 and $500, community service, license revocation and DUI school. DUI conviction repercussions can also include a significant spike in your vehicle insurance premiums and may affect your ability to obtain certain jobs in the future.

The driver in the Coconut Grove accident refused to take a breathalyzer test. Police also report she failed a field sobriety test and reeked of alcohol. Of course, this is what police always report! Field sobriety tests are designed by officer to collect evidence (in the officer's opinion) of your guilt. They are not designed to pass. An officer must cite the smell of alcohol or other probable cause in order to request that you perform such testing. She is currently facing charges of DUI refusing to submit to testing and DUI with serious bodily injury, according to The Coconut Grove Voice.

If you're pulled over for a DUI you are advised to provide only necessary information to the officer. Don't voluntarily dish out any unnecessary info. Remain in your vehicle unless instructed otherwise. Lastly, it is vital for you to contact a DUI attorney immediately, especially if an accident is involved.

Continue reading "Woman Faces DUI Charges after Serious Injury in Coconut Grove Car Accident" »

BeMyDD -- a service that provides affordable rides for customers -- is now available in Miami, Fort Lauderdale and West Palm Beach, according to the Sun Sentinel. The service aims to help customers avoid a DUI arrest in Broward, Palm Beach and Miami-Dade counties.

Fort Lauderdale DUI attorneys know that hundreds of motorists are unfairly targeted with DUI arrests each year in South Florida. As the zealously seemingly increases with each passing year, such services make a nice alternative to a Friday night hassle.

The program was started by an Ohio graduate last year and is already available in nine states. It aims to be an affordable alternative to the expense of a cab ride. The service is now operating in Miami, Fort Lauderdale, West Palm Beach, Fort Myers and Naples.

"The idea came from catering to those professionals who have something to lose," said founder Arthur Simanovsky. "You wouldn't want to work hard toward becoming a lawyer, doctor or teacher and blow it over a DUI."

In fact, drunk driving arrests are being taken more seriously than ever by employers, particularly in cases where a defendant is a member of law enforcement, a well known celebrity or public official, or a company executive. Consequences at work can rival the legal consequences in many DUI cases and is another reason that hiring a qualified attorney is the best bet for protecting your rights.

BeMyDD has more than 1,200 drivers available. The company also offers rides to and from the airport and transportation services for the elderly. But its "night out" package, which runs $15 an hour, is the most popular. Drivers drive a customer's own car and make sure they get to and from their destination safely. For $25 plus mileage, two drivers can pick a customer and his car up, follow him home, and leave him at home with his car -- instead of a patron being forced to leave their car at the bar.

For more information: http://www.bemydd.com or contact 877-823-6933.

Continue reading "BeMyDD offers Affordable Rides for those Looking to Prevent DUI Charges in Fort Lauderdale" »

Recent honors bestowed upon Florida Highway Patrol troopers who make an insane number of DUI arrests (more than 1 per shift on average), brings us to the issue of probable cause in Fort Lauderdale drunk driving cases.

Fort Lauderdale DUI defense lawyers understand the many ways a motorist's rights are violated when it comes to probable cause. Police may choose to stop older vehicles, a motorist who is leaving a bar parking lot, or a commercial work truck still out after dark (the theory is they stopped at happy hour and stayed late). Half the DUI police reports in the nation cite "failure to stay within marked lanes" as the reason for the stop and the other half (or so it often seems) cite "weaving."

The Florida Department of Highway Safety and Motor Vehicles honored one of its own with the Hurd-Smith award last month. The trooper made 238 DUI arrests in the Land O'Lakes area. A trooper who works 5 shifts a week, 50 weeks a year, with no down days for training or other detail, works 250 shifts a year.

The award goes to the trooper who makes the most stops in a year. The award is named for Trooper Kimberly Hurd, who was killed in Fort Lauderdale by a passing truck in 1992. Trooper Robbie Smith was hit and killed while conducting a traffic stop in Miami.

"Trooper Evans did an outstanding job protecting motorists in Florida from drunk drivers," said Colonel David Brierton, director of the Florida Highway Patrol. "Removing impaired drivers from our roadways will continue to be a priority for our Department, and we are proud to honor him with this well deserved award."

The press release goes on to recognize a number of other troopers who made at least 100 DUI arrests last year.

But the Land O'Lakes Patch has the rest of the story. The same trooper who won the top award this year, won the award in 2004 with 300 DUI arrests and in 2009 with 187 arrests. Troopers from Land O'Lakes also won the top award in two other recent years.

It would appear either everyone is drunk in Land O'Lakes or competition among officers should have defense lawyers looking hard at probable cause for traffic stops. In 2009, there were 942 DUI arrests by state troopers in Pasco County, compared to 294 in Hillsborough.

Continue reading "Trooper Honors Highlights Issue of Probable Cause for DUI Stops in Lauderdale, elsewhere" »

An Florida administrative hearing has been postponed so that an officer can be present to testify in the case of Detroit Tigers star Miguel Cabrera's drunk driving arrest, the Washington Post reported.

A Broward County DUI lawyer can contest a client's driver's license suspension through the Department of Motor Vehicle's administrative hearing. Such requests must be made with 10 days and must be in writing. Upon request, a hearing must be held within 30 days. The driver (or his attorney) can subpoena witnesses and present evidence. If he doesn't happen to be a star Major League Baseball Player and the officer doesn't bother to show for the hearing, he may win by default. In any event, challenging the suspension will also permit your drunk driving defense attorney to get a good first look at the case against you.

Fort Lauderdale DUI Defense Attorney Carlos Canet has been representing clients facing drunk driving charges since 1991 when the current administrative process was put into place. He was the first DUI defense lawyer in Broward County to successfully challenge the system based on double jeopardy and has challenged other changes to the system over the years, including the lack of neutrality of the department's hearing officers.

Cabrera did not appear at the hearing with the Florida Department of Highway Safety and Motor Vehicles. He was arrested and charged with DUI in Fort Pierce on Feb. 16. A deputy reported spotting a car with a smoking engine at the side of the road and finding Cabrera inside the vehicle drinking from a bottle of Scotch.

He refused to participate in field sobriety tests, according to police. Two other officers who were at the scene were questioned at the administrative hearing, along with a mechanic who examined the Land Rover.

The mechanic determined the vehicle was inoperable. A 2008 case was overturned in circuit court, which found it was improper for the DMV to suspend a driver's license for refusal to take a breath test in a case in which the vehicle was inoperable. The court ruled Florida's implied consent rule (the law that requires drives to submit to an alcohol test when requested to do so by an officer with probable cause) applied only to operable vehicles.

Continue reading "Tigers Star to Challenge License Suspension Through Administrative Hearing Following South Florida DUI Arrest" »