Broward DUI Lawyer Blog

A West Palm Beach Fire Rescue Captain was recently sentenced to three days in jail and 12 months on probation after being found guilty of driving under the influence, The Palm Beach Post reports.

West Palm Beach DUI attorneys believe that an aggressive defense early on in the arrest process can help you save your job. Hiring a DUI attorney who can work with prosecutors while working to build a solid defense is your best bet in the wake of a DUI arrest that threatens your job.

In the fire captain's case, he was arrested in January 2010 by North Palm Beach Police and charged with DUI and speeding. He told the newspaper he is innocent of the charges and believed his efforts to sue the fire department for racial discrimination played a part in his arrest.

While the speeding charge was dropped, he will have to enroll in DUI school, perform 50 hours of community service, enroll in a victim impact panel, pay $951 in court costs and fees, not consume drugs or alcohol during his 12 months on probation, have his vehicle immobilized for 10 days and his license is suspended for six months.

The laundry list of penalties also shows the need for swift action. Florida DUI penalties can be quite severe. You may face longer time in jail or prison, depending on the severity of the allegations.

What many people don't think of in criminal cases is the communication that is needed between the defense attorney and the state. When officers make DUI arrests in Palm Beach, they include written statements, possibly dashboard camera footage, written reports and other material. They send that information to the state attorney's office and a prosecutor there decides what charges the driver will face.

With intervention early in the case, prosecutors will sometimes drop certain charges or modify them to less-serious charges. This gives the defense an advantage as the case moves forward.

But it takes experience, knowledge of the system and the many prosecutors in Miami-Dade, Broward and Palm Beach counties to make that happen. So, choose wisely when you pick your DUI defense attorney in South Florida.

Continue reading "West Palm Beach Fire Captain Nabbed for DUI" »

The Ocala Star-Banner reports about a University of Florida study which found that using hand sanitizer with alcohol can cause incorrect breathalyzer readouts, just another example of the problems with these DUI devices used by law enforcement.

As previously reported in the Broward DUI Lawyer Blog, breathalyzers are coming under fire across the nation for their inaccuracies. In Santa Clara and Palo Alto, California, prosecutors are reviewing thousands of DUI cases because of a manufacturing error in breathalyzers. In Philadelphia and Vermont, concerns over Breathalyzer machines that haven't been properly calibrated are allowing DUI suspects to go free.

Fort Lauderdale DUI Lawyers have challenged Breathalyzer results for as long as they have been introduced in DUI cases. We believe challenging this form of evidence is essential to a DUI defense in Miami.

The UF study examined 11 subjects as they used hand sanitizer every five minutes during a 10-hour period for three days. None of the subjects had a history of alcohol use and were tested at the beginning of each day.

At the end of the three-day period, eight of the subjects produced readouts that indicated a high use of alcohol though none had consumed alcohol other than what they used to clean their hands.

This is just another example of where Breathalyzers are faulty and should be challenged in defense of a DUI charge. Imagine nurses and doctors and other professionals who constantly use hand sanitizer at work. What if an officer suspects the driver has been drinking based on their impressions and all of a sudden, the driver could be arrested and booked into jail.

It may seem a little far-fetched, but breathalyzers have had problems for years. It's been documented that having acid reflux can cause your breath to create a high breathalyzer input. Smoking, belching and air temperature are all factors, not to mention the training of the officer using the machine. Because the machines calculate blood-alcohol level by a person's breath, they are inherently faulty.

An aggressive Broward County DUI attorney will challenge the results of these machines in your case. Don't let the evidence pile up against you. As they say, a good offense is a strong defense and Fort Lauderdale DUI Lawyers will provide that.

Continue reading "Florida Study Finds That Hand Sanitizers Can Affect Breathalyzer Tests" »

The Florida Highway Patrol, along with police in Fort Lauderdale, Miami and West Palm Beach, will be out in full force during Memorial Day weekend, keeping an extra eye on drivers they suspect of DUI and other driving infractions.

And according to AAA, more than 35 million Americans will be traveling this holiday weekend. That's up about 100,000 travelers from the people last year who traveled 50 miles or more from home during the holiday weekend. So, stay safe and be careful.

But if you are arrested as part of the many checkpoints that officers will conduct during the long holiday weekend, don't try to fight it alone. Broward DUI defense lawyers have seen thousands of these cases and are prepared to discuss your defense right now.

According to troopers, they will participate, along with local law enforcement agencies, in the annual "Click It or Ticket" campaign that aims to increase the number of drivers and passengers who wear seat belts. According to FHP statistics, Florida's safety belt use climbed to 87.4 percent after last year's Memorial Day campaign.

Under Florida law, all drivers and occupants in the front seat of a vehicle must fasten their seat belts. Occupants under 18, regardless of where they are sitting in the vehicle, must also buckle up. If convicted, motorists who are ticketed for not wearing a seat belt can be charged $30 plus court costs if they are convicted.

As The Palm Beach Post pointed out recently, troopers have had problems filing tickets, which is why you shouldn't rush to pay them. In Palm Beach County, more than 1,000 tickets weren't filed, in many instances, for two years. And under state law, tickets must be filed within certain time periods or they should be voided.

You shouldn't automatically concede to authorities and pay the ticket. Often there is a relevant defense to the ticket that can save you points on your driver's license. Too many points, and you could have it suspended.

But along with traffic infractions, officers will no doubt be looking for South Florida drunk drivers this weekend. In order to investigate you for DUI, an officer has to spot a traffic violation occurring. Typically, they use a seat belt infraction as a reason to pull you over. Others include making wide turns, stopping quickly or weaving in and out of traffic. After pulling you over, if they believe you have been drinking, they start an investigation.

They can perform field sobriety tests, such as touching your fingers to your nose and walking in a straight line, as well as ask you to submit to a breath test to determine your blood-alcohol level. The legal limit in Florida is .08. These tests often are defensible as well. Breathalyzers are constantly being challenged for their accuracy, and field sobriety tests can be administered incorrectly by officers. You also may not be able to complete them because of a physical ailment and be charged nonetheless.

Continue reading "Law Enforcement Will Be Out Searching For Miami DUI Arrests This Memorial Day Weekend" »

A Manatee County woman was arrested in 2008 and charged with her 11th DUI, but prosecutors recently dropped charges against her in an effort to avoid exposing problems with a faulty breathalyzer, CBS News reports.

When drivers pick up a large number of DUI arrests, the penalties in Florida can be staggering. A strong DUI defense in Miami is necessary in the fight to reduce prison time, long driver's license suspensions or revocations and thousands in fines and fees levied by the court.

In the case in Bradenton, the woman was arrested and charged with driving under the influence and while being taken to jail was given a breath test in an Intoxilyzer 8000. According to the news article, the woman blew a .119, which is over the state's legal blood alcohol limit of .08.

But in the midst of preparing for trial, an expert witness discovered that the device sometimes would take two breath samples, but only report one result. The machines also often reported two blood alcohol levels without any breath volume, the story states. When the manufacturer wouldn't let the defense inspect how the machine operates, the judge refused to let the results into evidence.

Faulty breathalyzers aren't breaking news. Prosecutors across the country are being forced to review or drop thousands of drunk driving cases because the devices aren't reliable. In California, thousands of DUI cases are being reviewed because of a defect in several cities. In Philadelphia recently, more than 1,500 defendants will get new trials because of faulty breathalyzers used by police.

In recent years, Florida lawmakers have stiffened the penalties for habitual traffic offenders. Anyone convicted of multiple drunk driving offenses can be punished with years of prison. And the law allows judges to sentence to additional incarceration if the driver's blood alcohol level is high or if there are prior convictions.

A seasoned Fort Lauderdale criminal defense attorney will know how to fight for your rights and be there to help protect them. Choose wisely.

Continue reading "Bad Breathalyzer Results in Florida DUI Case Could Aid Defendants" »

Every year, nearly 500 students die in alcohol-related traffic accidents during prom and graduation season. Recently at Coral Springs Charter School, students saw the effects of a mock drunk driving accident, the South Florida Sun Sentinel reports.

The Law Offices of Carlos Canet encourage teens to resist the desire to drink and drive, especially at this time of year when they are graduating or enjoying prom. But it is important that if they are arrested for DUI, they seek quality legal representation. Simply being under 18 doesn't mean the charges will disappear. Rather, these types of charges, if they result in a conviction, can stay on a teen's record for life. It could result in them being disqualified from serving in the military, being shut out of many quality jobs and being unable to get financial aid or a college education.

A 2008 U.S. Department of Transportation report stated that teens have the highest fatal crash rate of any age group. These types of crashes are the leading cause of death among 15- to 20-year-olds.

Around South Florida, various groups have been reaching out to teens and parents to encourage young drivers not to drink and especially not to drink and drive. Parents with Mothers Against Drunk Driving in April held workshops for parents in Palm Beach, Miami-Dade and Broward counties. The Broward Sheriff's Office has a "No Future With Alcohol" video on its website designed to discourage teen drinking and driving.

Obviously, all of this is positive. Teens shouldn't be drinking and driving. But if they do, an aggressive DUI attorney will be needed. Penalties for DUI in Florida are steep. Even first time DUI convictions can result in fines, fees, community service, DUI school enrollment and jail time. If the DUI involves property damage or injury, the penalties will increase. DUI accidents involving a death will result in prison time.

Just because a suspect is a teen when arrested doesn't mean they will face juvenile charges. That is a decision made by the State Attorney's Office at their discretion. These types of charges can keep your child out of premier universities and colleges and make finding a job difficult.

But the DUI charges can be beat. If your teen has been arrested and charged with DUI this prom and graduation season, don't put their future in danger. Consult with an experienced Miami DUI attorney immediately.

Continue reading "Teen DUI Charges in Fort Lauderdale Can Carry Long-Term Consequences" »

A Fort Lauderdale man was arrested by Hollywood police recently on hit-and-run charges involving a motorcyclist on I-95, The Miami Herald reports.

What is possibly the most crucial part of this case for the suspect is the credibility of the witnesses. That is why a zealous Fort Lauderdale DUI lawyer would spend plenty of time during depositions and at trial grilling the citizen witnesses who told police what they saw. As it often happens, lay witnesses can be shaky and their memories can be spotty or fade over time. That's why an aggressive defense is necessary.

According to the news story, the man was driving north on Interstate 95 when he allegedly struck the back of a motorcycle near Hallandale Beach Boulevard. The motorcyclist, who wasn't wearing a helmet, fell of his bike and was taken to Memorial Regional Hospital in critical condition.

Florida Highway Patrol charged the driver of the Kia Sorrento with careless driving, DUI with serious bodily injury and property damage and leaving the scene of a crash with injuries. The story states that witnesses of the crash followed the man as he exited Sheridan Street and detained him until police arrived.

Several things come to mind after reading this article. The first is how they could have charged the man with DUI. There's nothing that says why they believed he was impaired, such as a breath test or any type of field sobriety tests that troopers may have performed.

In Florida, the unlawful blood-alcohol level in Florida is .08 or above and while drivers automatically agree to submit evidence to police if it is needed to determine their sobriety, it doesn't mean you have to give a breath test if you're arrested for DUI. Denying a breath test would result in a charge and a driver's license suspension, but it would also deprive the state of potentially key evidence against you.

The second point is the role of the witnesses in this case. According to the news article, two witnesses of the crash followed the driver as he exited the highway and somehow detained him until police arrived.

What's unclear is what exactly the witnesses saw. It's possible the motorcyclist was riding at a high rate of speed and cut in front of the driver. It's also possible that the driver pulled off the highway to call authorities. But most importantly, the witnesses, who likely were just everyday citizens, play possibly the biggest role in the arrest. It is their words told to troopers that resulted in the man being arrested.

An aggressive defense in a case with so many questions is important in order to bring accountability to the criminal justice system. Don't lay down to the state. Know your rights and fight to protect them.

Continue reading "Hollywood Hit-And-Run Accident Shows Importance of Witness Cross Examination" »

A program developed by the Palm Beach County Sheriff's Office rewards drivers with $100 if they call in a tip about an erratic driver, NBC News reports.

But the program has a problem: it provides financial incentive to citizens, whose opinions and observations may not rise to the probable cause standards under the law. A well-trained West Palm Beach DUI attorney can sniff out the improper actions of law enforcement if you are arrested for DUI in South Florida.

According to the NBC News report, the sheriff's office created the Mobile Eyes Against Drunk Driving program to encourage drivers to report suspicious activity on the roads of Palm Beach County.

According to the Safety Council of Palm Beach County, Inc., officers are supposed to make arrests after receiving calls based on their own judgment. But it is certainly possible that law enforcement will take the lay person's observations as a large factor in making an arrest related to DUI -- even probable cause for making the stop should be questioned.

Based on the fact that officials are offering a $100 reward for tips, similar to how Crime Stoppers offers cash rewards about crimes, people are often accused of providing useless information hoping to score free cash. Mobile Eyes could have similar problems in West Palm Beach. According to NBC, though, more than 1,000 DUI arrests have been made since January 1. The report doesn't state how many of those arrests turned into convictions.

The Fourth Amendment to the United States Constitution guards against unreasonable searches and seizures and governs the reasons police can have to pull you over and arrest you for DUI in Fort Lauderdale. DUI penalties are stiff and can alter your life forever if you don't get proper representation.

Never lay down for the state. Always fight for your rights. But don't do it alone. Consult with a Miami DUI defense lawyer who will stand by you in court and plan the strategy for your case.

Continue reading "Palm Beach Cell Phone Rewards Program Opens Up Avenues for Challenge in Court" »

While recent news that a Palm Beach County fire chief's son is accused of killing a Palm Beach County Sheriff's Office parking enforcement worker is tragic, it shows the need for an aggressive and experienced West Palm Beach DUI defense lawyer..

According to The Palm Beach Post, a 26-year-old Wellington man recently turned himself in to authorities in connection with a November crash in Lake Worth that left one man dead. The defendant is charged with vehicular homicide and DUI manslaughter.

The article reports that the victim died at the scene at the intersection of Haverhill Road and Forest Hill Boulevard, while the surviving driver was hospitalized in serious condition at Delray Medical Center.

The article reports that sheriff's office detectives believe the defendant ran a red light and hit the van driven by the man who died at the scene. The victim was a parking enforcement worker at the Palm Beach International Airport since 2004.

The case illustrates why you should do your research and pick a DUI attorney in Fort Lauderdale who has more than two decades of experience defending drunken driving suspects.

Scene reconstruction may be the best defense you can have in a serious crash case. Penalties for DUI manslaughter and vehicular homicide can include dozens of years in prison, so a proper defense may be the one thing separating you from incarceration. An aggressive Broward County DUI attorney can hire experts and build a solid defense for even the most complex and difficult drunk driving cases.

Continue reading "Death of Palm Beach County Sheriff's Office worker in DUI Accident Requires Aggressive Defense" »

Authorities in California are reviewing hundreds of DUI arrests made by San Jose police because of a defect in the manufacturing of the devices, the San Jose Mercury News reports.

Fort Lauderdale DUI defense attorneys have been fighting breathalyzer and other DUI-related issues for decades. Breathalyzers and other drunken driving testing and devices used by law enforcement are often faulty or officers themselves aren't trained in using them, leading to the possibility of a Beating a DUI charge in Fort Lauderdale.

The Santa Clara County District Attorney's Office said recently it would review the cases of 865 DUI suspects because San Jose police officers use the Alco-Sensor V breathalyzer as part of their field sobriety testing of drivers they believe to be intoxicated. Although the devices aren't usually used as evidence in court, the problems could lead to hundreds of acquittals.

According to the article, the devices may have shown incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube. This means that many people who weren't intoxicated were arrested based on faulty test results. It could also mean there are hundreds of people who have already entered guilty pleas and served punishment for a crime they may not be guilty of committing.

This story shows the importance of consulting with an aggressive Broward DUI attorney before agreeing to a guilty plea or a resolution that may be unnecessary, depending on the facts of the case. The DUI penalties in Florida can be steep and a strong defense, including aggressive cross examination of witnesses, pre-trial motions and other avenues within the law can be beneficial to your defense.

DUI in Broward County is a serious crime that not only can carry with it an embarrassing stigma, but also can affect your future if your rights aren't properly conserved. A DUI arrest can cause you to have to pay fees and fines as well as possibly incarceration. Don't try to defend yourself.

Continue reading "Faulty Breathalyzers Affect Miami DUI Cases" »

More evidence from the state attorney of Florida reveals that Detroit Tigers' Miguel Cabrera may have an uphill climb in battling his Florida drunk driving charges, according to Business Insider. He is currently being charged with driving under the influence of alcohol and resisting an officer without violence, both misdemeanors. The well-publicized incident occurred last February as Cabrera faced DUI charges.

New reports state that Cabrera ran at least two vehicles off the road. His driving ran a Wal-Mart tractor trailer off the main road and caused another vehicle to swerve onto the grass to avoid a head on collision with Cabrera. The driver of one of those cars call 911 and reported to the police that she believed the driver was either drunk or on other drugs. Investigators report that both of these accidents could have easily resulted in death.

Broward County DUI attorneys can contest a client's driver's license suspension through the Department of Motor Vehicle's administrative hearing. This request must be made with 10 days and must be submitted in writing. Upon request, a hearing must be held within 30 days. The driver, or his defense 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.

After the initial incident, a mechanic determined that Cabrera's 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.

In Florida, a DUI manslaughter charge is punishable with up to 15 years in prison and a $10,000 fine. As the case stands now, without the new findings from investigators, Cabrera is only facing a maximum of six months in jail. If it is later revealed that Cabrera's rampage caused any bodily harm or property damage, his potential jail time could be much longer.

Continue reading "Detroit's First Baseman Cabrera Could Face Even More Charges in Fort Pierce DUI Case" »

A new string of entertainment technology draws in mommys and is accused of putting them, and their families, at an increased risk for a DUI accident in Fort Lauderdale and elsewhere in the United States. Web sites, like Twitter, are now advertising "wine" parties where mommy users meet at their respective computers sip wine while they tweet, according to Boston.com. While many view this as an excellent way to bond through social media, others find it as a disturbing marketing technique for wine companies.

These mommy "relaxing" techniques come after a study, conducted in New York, that concludes that U.S. women are drinking more and are accounting for more drunk driving arrests, according to MSNBC. Arrests of women are reportedly on the rise, while male offender numbers continue to decrease. Many of these study cases reported that more mommys were getting behind the wheel with their children in the backseat.

A Broward DUI attorney understands that the presence of aggravating factors, such as a car accident, presence of children or drugs can significantly complicate any DUI case. These types of cases are best handled by an experienced attorney. In some cases, treatment options may be available instead of jail time.

While men reportedly still drink more than women and are still responsible for more drunken-driving cases than women, the gap is narrowing. Women are feeling greater pressures at work and home, they are driving more, and they are behaving more recklessly.

"Younger women feel more empowered, more equal to men, and have been beginning to exhibit the same uninhibited behaviors as men," said Chris Cochran of the California Office of Traffic Safety.

A new form of mommy relaxation come with much criticism. The company's marketing lines, "because you deserve it,'' lead critiques to believe that the juice may endanger children worldwide.

A competitor to MommyJuice, Mommy' Time Out, says that the new "Juice" company is pure copyright infringement. MommyJuice recently asked a judge to declare that the name of their product does not violate their trademark. Mommy's Time Out is a company based out of Italy.

"We realized for the last two to three years, the pattern of more female drivers, particularly mothers with kids in their cars, getting arrested for drunk driving," said Tom Meier, director of Drug Prevention and Stop DWI for the county.

One recent weekend, a Florida mother was accused of drunk driving when she was involved in an accident that killer her 14-year-old daughter. Critics say there are more stories that don't even make the news. Private account of depression and poor health of mothers who turn to alcohol when what they really needed is help.

In the United States, nearly 30 percent more women were arrested for driving under the influence in 2007 than in 1998. Men accounted for more than 7 percent fewer cases during those years.

Continue reading "MommyJuice Accused of Increasing Risks of DUI Accidents in Fort Lauderdale and Elsewhere" »

After three children were killed in a drunk driving accident in Miami nearly two years ago, the driver of the vehicle accused of causing the accident was sentenced to nearly 30 years in prison -- 10 years for each child, according to The Miami Herald.

The convicted driver was reportedly driving speeds in excess of 60 MPH. Reports say that he slammed into the back of the family's minivan as they sat at a red light. Officials report he had a blood alcohol level of three-times the legal limit. He pleaded guilty to three counts of DUI manslaughter back in February.

If you're facing DUI charges or DUI manslaughter charges in Fort Lauderdale, Miami or West Palm Beach, it is vital for you to contact a Miami DUI defense attorney. Veteran DUI Lawyer Carlos Canet 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.

A DUI manslaughter attorney can challenge the results of breathalyzer examinations and field sobriety test results. They can examine the actions of the officers at the scene. A veteran attorney may be able to show that the defendant was not responsible for causing the accident, or was only partially at fault. A good defense may be able to reach an agreement with the prosecuting attorney that is in a defendant's best interest, often a much better deal than potential sentencing. An aggressive attorney can examine the training of officers and the maintenance and operation of breathalyzers. Lastly, 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.

Most commonly, a defendant will face many years behind bars if found guilty. Prosecutors are often not inclined to strike a deal unless an aggressive defense lawyer backs them down.

While the man accused of causing the accident originally faced 45 years in prison, as the state prosecutors requested, he ended up receiving a 27 year sentence, according to NBC Miami.

Continue reading "Man Accused of Killing Three Children in Miami DUI Car Accident Receives 30 Years in Prison" »