Broward DUI Lawyer Blog

The phrase quality over quantity could be applied to a recent Broward County law enforcement raid that led to more than 200 arrests of drugs and prostitution countywide, the Sun Sentinel reports.

While law enforcement likes to make a bunch of arrests so they can toot their own horns and show the public they're doing a great job, rarely do news reporters follow up on all these cases to see how many end up as convictions. Most in the public would be surprised to see how shoddy police work can lead to many cases being tossed out after they are analyzed by an aggressive Fort Lauderdale Criminal Defense Attorney.

It's true that crimes such as drug selling and buying and prostitution in Broward County aren't the types of things anyone wants to see in their neighborhood. Yet law enforcement must take the proper steps to ensure arrests aren't tossed out once the defendant enters the court system. And many times they do not.

The Sun Sentinel reports that 204 people were recently taken into custody over a two-day period where local, state and federal authorities targeted drug dealing, prostitution and other crimes. Officers said they seized illegal weapons, drugs and thousands of dollars they believe were connected to crime.

The article doesn't specifically state what charges the majority of the people faced or how law enforcement "rounded up" these people. The article states that after making arrests, people were shipped to the Ron Cochran Public Safety Complex in Fort Lauderdale, where they sat in chairs to be asked about whether they knew about any past crimes.

After people were arrested, they presumably were read their rights, which includes the right not to talk with police without first speaking with an attorney. What should be noted here is that police officers arrested people and then asked them for information without any guarantees that providing information would get them out of the arrest.

Police can, and often do, lie to suspects. They are allowed to tell a defendant that by helping them catch other criminals they can reduce their sentence or "put in a good word" to the prosecutor. The reality is that few police officers who work the streets have much pull with state or federal prosecutors.

So, speaking with police rarely does a suspect any good. If a person is being questioned like they are suspected of committing a crime, they are likely soon to be arrested. And talking won't help. That's why the rights say "anything you say can and will be used against you," because it will. It won't help. It'll hurt your case.

First, before saying anything, talk to an experienced Broward County Criminal Defense Lawyer. An attorney can advise you about whether speaking to law enforcement is beneficial to your case. Once you're in the cross hairs of law enforcement, you must be very careful about what you say.

Continue reading "Fort Lauderdale Law Enforcement Round Up 200 in Sting Involving Drug Charges, Prostitution " »

A Fort Myers man was sentenced recently to 15 years in prison for a 2009 accident that killed two nuns who taught at a Catholic school in Cape Coral, the News-Press reports.

DUI manslaughter in Miami is the most serious charge on the books involving drunken driving. For one accident where a person is killed if the driver has had a little too much to drink, the punishment can be a 15-year prison term.

It's a very serious charge and both prosecutors and judges are quick to try to use a defendant as an example to others because they know these cases are followed in the news media. So, they are sometimes slow to offer reasonable plea deals and judges are less-likely to sentence drivers to short terms.

For these reasons, hiring an experienced Broward DUI Defense Attorney who can reconstruct the scene with experts, vigorously question witnesses and police investigators and get to the bottom of whether or not the driver was actually at fault -- even if they drank too much -- can make a big difference.

The 62-year-old defendant, two years after he was first arrested, recently pleaded guilty to two counts of DUI manslaughter for causing an accident that killed an 80-year-old and 84-year-old nun. Both were driving with their school's principal, who was seriously injured in the wreck.

Police reported that the man had a .228 blood alcohol level, which is just less than three times the state's legal limit of .08. After serving 15 years in prison, the man will have to spend 15 years on probation. He must serve a minimum of 4 years on each count. While on probation, he is prohibited from drinking alcohol, must take random alcohol screenings and must speak about the dangers of drunk driving. His driver's license is revoked for life.

The emotional hearing featured a statement from the surviving victim as well as supporters of the defendant. The defendant wiped tears from his eyes as people spoke to the sentencing judge.

Like any criminal case, there is always a defense. In DUI manslaughter cases, just like in a regular DUI case, the police officers' actions must be examined and scrutinized. So, too, must the eye witnesses' accounts. People often say they see things, but their memories fade over time and they can sometimes be confused about what actually happened. And when eye witnesses contradict each other, it can weaken the state's case.

Experts must be hired to reconstruct the scene and testify about how police and the prosecution believe an accident happened and whether or not the driver is actually at fault. A pedestrian can walk into the street or a vehicle can make a turn too quickly and get hit by a driver, meaning the victim is at fault and not the driver. All aspects of a case must be closely examined in order to ensure a suspect's rights are upheld.

Continue reading "Drunk Driver Gets 15 Years in DUI Manslaughter Case That Killed Nuns" »

A man appeared in a Broward courthouse recently, nearly a week after he was arrested for allegedly setting two fires to Fort Lauderdale houses.

The 34-year-old man had spent six days in a local hospital after being injured, allegedly during the time he committed the crimes, the Sun Sentinel reports.

Arson in Fort Lauderdale is a serious crime and can be punished either as a second-degree felony or first-degree felony. Either way, the charges mean someone can face years in prison, if convicted. Hiring an experienced Broward Criminal Defense Attorney to represent a person charged with this crime is of utmost importance. Attacking the case as quickly as possible is always advantageous.

According to the news report, the man suffered a large gash to his right arm, police said possibly when he was getting into the first of two homes he allegedly set ablaze. The injury required surgery and a hospital stay.

Police said that both homes have the same owner, but police didn't release details, telling the media the investigation is still ongoing. It's unclear what the relationship is, if any, between the suspect and the homeowner.

On the morning of Aug. 10, fire officials responded to two house fires -- one at 6351 NE 18th Ave. and one at 2001 NE 62nd St. In both cases, authorities say they found entry through a sliding glass door and a trail of blood leading away from the houses. Through search dogs, they were led to the defendant's house, police say, where they found blood at the entrance of the front door.

The report states that police forced their way into the apartment and found the man "semi-conscious" and bleeding profusely and he was taken to the hospital for emergency surgery. A judge set bail, but ordered him to wear an ankle bracelet and stay away from guns and accelerants.

In Florida, arson is punishable by up to 30 years in prison, if the place where a fire is intentionally set is a place that large groups of people typically inhabit, such as a nursing home, hospital, jail, shopping plaza or church. If the building set ablaze isn't one of those types of buildings, such as a house, empty warehouse or other type of structure, it is charged as a second-degree felony, which is punishable by up to 15 years in prison, according to Florida Statute 806.01.

In a case of this magnitude, every piece of evidence the state possesses must be scrutinized and reviewed thoroughly and key points must be challenged. That includes how fire investigators determine the fire was set intentionally and didn't happen naturally or by electrical problem or other reason.

Obviously, a police dog can't be put on the stand, but it must be clear how these dogs tracked the blood from the scene to the man's apartment and why they believed they had probable cause to force their way into the man's house. It would be wise in any criminal case not to speak with police until consulting with an attorney, but if any admissions were made, an experienced West Palm Beach Criminal Defense Attorney will seek to exclude them from trial.

Continue reading "Man Accused of Setting House Fires in Fort Lauderdale Arson Case" »

Four teens recently appeared in court to face charges of attempted murder of a police officer in Broward County after an alleged robbery attempt in Miramar, NBC News reports.

Attempted murder charges in Fort Lauderdale are among the most serious on the books and Florida law treats the charge as such. The punishments are severe, that's why aggressively defending the charges with an experienced Broward County Criminal Defense Attorney is important. Challenging all aspects of a case is critical when someone's liberty is on the line.

According to the news report, an 18-year-old, 16-year-old and two 15-year-olds are accused of following a woman as she drove through Miami Gardens back to her home in Broward County. Before the woman got out of her vehicle, one of the 15-year-olds allegedly placed a gun on her head and demanded her gold bracelet.

The teens allegedly then fled in a gray Nissan after Miramar Police arrived and they eventually ran away, but were pursued by police officers. The officers then allege that's when the 16-year-old turned and fired some rounds at the officers. No one was injured and the suspects were captured by police.

While only the 16-year-old allegedly fired at officers, all suspects face a charge of attempted murder. It's unclear from the article if they face robbery charges as well. They all face the attempted murder charge because prosecutors allege the group worked in accord, meaning they will all face the consequences of each others' actions.

In Florida, those who are considered co-conspirators can be charged with crimes committed by co-defendants. For instance, if a pair decides to rob a store and one of them pulls out a gun and the store owner dies of a heart attack, both can be charged with murder. That's because the allegation is that they were working together to commit the felony charge of robbery when the death occurred. It's the same situation here.

And for these juveniles, the stakes are even higher. Juvenile crimes in Fort Lauderdale and throughout Florida are important to diligently defend against because of the long-term consequences. Juveniles who are arrested are less likely to get scholarships, jobs and be admitted to college if they are convicted. For the sake of their future, the charges must be fought.

In this case, if the juveniles are tried as adults, they will face a possible punishment of up to 30 years in prison, as attempted murder is a first-degree felony. It's possible they could be charged as juveniles, in the juvenile system that attempts to rehabilitate, but given the seriousness of the charges, that may not happen.

An experienced Fort Lauderdale Criminal Defense Attorney may have the skills to convince prosecutors to treat the non-violent offenders as juveniles and seek less-serious charges if they can show their participation level was low and they don't have a criminal history.

Continue reading "Teens Face Charges of Attempted Murder on Broward Police Officer" »

A second man has been arrested by West Palm Beach Police on charges that he participated in a Clematis Street beating that left a man fighting for his life, The Palm Beach Post reports.

The 23-year-old now faces a charge of felony battery, which is a third-degree felony punishable by up to five years in prison. That's why hiring an experienced West Palm Beach Criminal Defense Attorney in order to fend off such serious charges is critical. Felony charges in West Palm Beach and Broward County are serious and can cause long-term consequences to those who are charged. Aggressively defending the charges is important.

Felony battery, under Florida Statutes 784.041, means a person intentionally strikes another person and causes either permanent disability, disfigurement or great bodily harm. The charge also applies to domestic violence incidents where a person is severely injured.

In this particular case, a 27-year-old Palm Beach Atlantic University pharmacy student was involved in a fight on Clematis Street one Sunday early morning. When police arrived, according to the newspaper, they found a man unconscious and bleeding from the head.

Surveillance video shows a man punching the man in the face, which caused him to fall to the ground. The man suffered a left orbital bone fracture, which caused bleeding to the brain. He is in a coma, according to the news report, and may not survive, police noted in a report.

A 21-year-old suspect was previously arrested and faces the same charge. That suspect allegedly admitted that he and a friend punched the man and the two fled to avoid capture. The most recent suspect arrested didn't speak to police without first getting a lawyer.

The news article doesn't say how the fight started or what led to the alleged battery. The story also doesn't say -- and police presumably haven't released -- what other details, possibly beneficial to the defendants, may have been found on the surveillance tape. They also haven't said how they identified these two people off of surveillance video and how clear the tape is.

Because of the severity of the charges, all of these areas must be explored and the holes in the investigation must be exploited before a jury. For two young people, facing charges that could mean a felony conviction on their record and possible prison time, an aggressive defense is the only acceptable defense.

Winning a fight in self defense is not a crime. Starting a fight and losing does not make someone a crime victim.

Additionally, mistaken identity is one of the main reasons innocent people are arrested by police, especially when police rely on shaky eyewitness testimony. Because the police standard is probable cause -- essentially a reasonable suspicion -- they can make arrests on evidence that has little shot of leading to a conviction.

The prosecution's burden -- proof beyond all reasonable doubt -- is much higher and that's why many charges aren't filed by the state, even after an arrest. Police consider their job done if they make an arrest, but an arrest means very little in the criminal justice system. That's why hiring an experienced West Palm Beach criminal defense attorney to hold the state accountable is important in any criminal case.

Continue reading "Man Faces Felony Battery Charge in West Palm Beach" »

A Riviera Beach man was arrested on charges of animal cruelty recently after fire-rescue workers found a dog they say was emaciated after responding to a medical call, The Palm Beach Post reports.

Animal cruelty charges in West Palm Beach and throughout Florida are serious offenses that can lead not only to public ridicule and an injured reputation in the community, but also serious penalties. They can lead to felony charges, which can send people to prison for years, if convicted. That's why fighting the charges with an aggressive Broward County Criminal Defense Attorney is critical. With years of experience handling all aspects of criminal law, a lawyer should be consulted immediately.

In this case, officials were called to the 43-year-old man's house for a medical call early in the day. Fire rescue personnel reportedly saw an emaciated dog with an open wound on its neck from a nylon and electrical cord that was around its neck.

When animal control officers arrived, they reported that the shepherd dog mix was malnourished and anemic and had parasites, hookworms, whipworms and heartworms, according to the report. A veterinarian reported the dog had fleas and an open wound on the back of the dog's neck.

Animal cruelty charges are among the types of crimes that really infuriate people and can cause much public outrage. It sometimes seems that dog lovers are more interested in what happens to dogs than people. Meanwhile, the poor economy has made it difficult for some families to afford proper care. And just because an owner does not meet someone's definition of adequate care, does not mean it rises to the level of abuse.

Florida lawmakers have created strict penalties for a person convicted of these crimes. In general, these types of charges are designed to punish those who hoard animals they can't take care of or those who breed animals and leave them in deplorable conditions.

But it's also possible that everyday pet owners can be charged with animal cruelty if a nosy neighbor or house guest spots a situation they believe isn't up-to-par. And there have been cases where elderly pet owners who have lost the ability to properly care for an animal face charges.

According to Florida Statute 828.12, cruelty to animals can be charged as a misdemeanor or a felony. The distinction is that for a misdemeanor, a person must "unnecessarily" overload an animal, deprive them of sustenance or treat in a cruel and unusual manner. For a felony, a person must "intentionally" commit an act that results in death or excessive or repeated infliction of pain and suffering.

The difference in penalties is staggering, however. A person convicted of the misdemeanor form is only subjected to up to a year in jail and a $5,000 fine, whereas the third-degree felony can be punishable by up to 5 years in prison plus a $10,000 fine.

That's why aggressively fighting these charges -- and possibly seeking a plea resolution to the misdemeanor charge from the felony charge -- is critical. Fighting the evidence and arguing against the "intentional" nature of abusing an animal can also lead to a not guilty verdict at trial.

Continue reading "Animal Cruelty Charges Stem From Riviera Beach Emergency Call" »

Police recently arrested a 41-year-old man and charged him with trafficking amphetamine over 14 grams, The Palm Beach Post reports.

According to Florida Statutes 893.135, someone who sells, purchases, manufactures, delivers or brings into the state more than 14 grams of amphetamine or methamphetamine is considered guilty of trafficking, which is a first-degree felony. That means the charge is punishable by up to 30 years in prison.

Depending on the weight, there are minimum mandatory prison sentences of 3, 7 or 15 years.

Drug trafficking in Fort Lauderdale is a big deal and can lead to years behind bars. Trafficking, like any drug crime must be fought aggressively. That's why hiring an experienced Fort Lauderdale Drug Defense Attorney is so critical in order to protect a defendant's rights.

In this case, the 41-year-old man from West Palm Beach allegedly bought 200 Roxicodone pills from a confidential informant. The man was arrested after a West Palm Beach Police informant told officers he had completed a transaction at a motel on Broadway.

According to the news report, officers set up surveillance across the street from the motel and saw the man arrive as the passenger of a Brown Lincoln Navigator. After going inside the motel, he left. After police found out the transaction had taken place, they pulled over the vehicle. Police say the man told police he bought 200 pills for $2,000.

In any case involving undercover police work, an experienced attorney will look at the circumstances of the set up and whether or not there is a case of entrapment. Entrapment means when a person is arrested for a crime they otherwise wouldn't have committed. When confidential informants are used by police, this is particularly important.

Confidential informants are a particularly sticky topic for law enforcement because they are usually former drug dealers who have been busted by police and have turned to help in an effort to cut down on their own jail or prison sentence. So, they are inherently untrustworthy. And there have been times informants have called up their drug partners to get them to make a taped or controlled buy.

What defendants in drug cases, and any criminal case for that matter, must consider is not talking to police. When they are investigating you, you are the enemy and they aren't your friend. Therefore, making a statement will only serve to hurt you in the future. Whatever you say or do will be noted by police and will be used against you in court.

It is rare that a defendant can talk his or her way out of a crime, so it's best to simply keep quiet, go to jail and call an experienced Miami Drug Defense Attorney. Consulting with an attorney will protect your rights. The police can lie and they will say things like, "I'll get you a deal if you tell me what happened" or "This is the only time I'm willing to help you," but they aren't interested in helping you. They are only interested in getting a confession.

Continue reading "West Palm Beach Man Arrested for Buying Roxicodone Pills" »

Former U.S. Congressman Tim Mahoney was arrested in Palm Beach Gardens recently after police allegedly found him sleeping in his parked car on the road, The Associated Press reports.

The former congressman now faces some serious penalties after being arrested for DUI in Palm Beach. Just like anyone who faces this charge, he will be up against the state as they try to prove he is guilty of the crime. In looking for legal representation, someone charged with DUI should hire an experienced and aggressive West Palm Beach DUI Attorney.

According to news reports, Mahoney, 54, was charged with DUI after an investigation and after talking with police. Police released few other details other than that they spotted him in his car around 3 a.m. on a recent Saturday parked on the road. He told media after leaving jail that he plans to plead innocent, saying he choose not to drive.

If Mahoney believes he pulled over to sleep off a night of drinking, he may have a case. At the very least, he will be able to get an administrative hearing to fight the suspension of his driver's license. These driver's license suspension hearings are designed to determine whether officers had probable cause to make the arrest, whether the driver was in actual control of the vehicle and under the influence and other factors. Getting an experienced attorney will be key; the law allows a driver to be charged with DUI whether or not he was actually operating the vehicle at the time of arrest.

The administrative hearing is completely separate from the criminal DUI case and have no bearing on the charges. And the hearings require a different amount of proof from the criminal case. But drivers arrested for DUI only have 10 days from the date of arrest to seek a hearing in writing. Then, a hearing will be scheduled within 30 days and the driver can present witnesses, evidence and have their case heard by a neutral hearing officer.

And as the criminal case progresses, an experienced attorney will scrupulously examine evidence as the state provides it, going through police reports and possibly hiring experts to aid in the defense of the case.

That's because the possible penalties are so high for someone arrested for DUI in Miami. According to the Florida Department of Highway Safety and Motor Vehicles, the penalties even for a first-time offender are steep:

• $500 to $2,000 in fines
• Mandatory 50 hours of community service
• Up to 1 year of probation, combined with jail time
• Up to 6 months in jail
• Vehicle impound for 10 days
• 180-day driver's license revocation

And that's just for a misdemeanor first-time offense. Lawmakers have made the penalties so severe to serve as a deterrent to those who might consider drinking and driving. As a consequence, people can very easily unintentionally commit this crime by having one drink too many. It is not as sophisticated as many other crimes, yet is punished more severely.

That's why hiring an aggressive DUI lawyer is so important. Fighting all evidence, seeking to exclude evidence from the case and challenging breath tests, blood tests, field sobriety tests and other evidence is important to ensuring a defendant's rights are upheld.

Continue reading "Former Congressman Charged With Palm Beach Gardens DUI" »

A North Palm Beach woman was arrested recently and charged with aggravated battery and false imprisonment after her husband refused to pay for her cats' medical bills, The Palm Beach Post reports.

Charges involving injuries to others are typically classified as assault or battery in Florida. These charges can be felonies and can result in long prison terms if not properly defended by an experienced and aggressive West Palm Beach Criminal Defense Attorney.

According to the newspaper report, the 55-year-old woman and her husband began arguing over the cat's medical treatment, leading the woman to become increasingly angry. At one point, an arrest report states, she lunged at her husband with scissors. As the fight allegedly escalated, the woman attacked her husband with a coat hanger and eventually two kitchen knives, which she reportedly used to cut his hands and arms.

When law enforcement arrived, the husband refused medical treatment and left the house, the newspaper reports. The woman was booked into jail and released the same day.

According to Florida Statute 784.045, aggravated battery is defined as "intentionally or knowingly" causing "great bodily harm, permanent disability or permanent disfigurement," uses a deadly weapon during a battery or does the same to a person who is pregnant. The charge is punishable as a second-degree felony and up to a 15-year prison sentence.

This is one of the more serious charges a person can face in Florida because a person is typically seriously injured in cases of aggravated battery. In this case, because the husband refused medical attention, it's likely the injuries weren't that serious. But, the wife may fit the aggravated battery charges if it is proven that she used a deadly weapon (knives) and struck the husband against his will, which is the definition of battery.

Because this appears to be a domestic situation, it is likely there were no eye witnesses, so this case, and others like it, may come down to a he said/she said sort of case for the state. It's possible that the story about the medical bills is made up and that the couple was approaching a break-up and that tempers flared for that reason.

It's also possible that the woman was under some type of duress not noted in the arrest report that could have caused the outburst. Or, maybe, self-defense is applicable in cases like this. There are always avenues that must be explored when freedom is on the line. And in cases of aggravated battery or other serious felonies, an aggressive approach by a seasoned West Palm Beach Criminal Defense Attorney is critical.

Continue reading "North Palm Beach Woman Arrested For Battery Over Cat Medical Bills" »

The Palm Beach Post recently reported that a man tried to assault deputies after being pulled over for a traffic violation.

Aggravated assault charges in West Palm Beach and throughout Florida are serious felonies and require the aggressive defense of an experienced West Palm Beach criminal defense lawyer.

According to the story, the 25-year-old defendant was allegedly speeding on Genessee Avenue and Wabasso Drive in West Palm Beach when deputies attempted to pull his dark-colored SUV over.

When a deputy pulled him over, he noticed the man allegedly reach toward something in the center console of the vehicle. The report states that after he was pulled out of the SUV, he allegedly resisted arrest.

The newspaper article cites the Palm Beach County Sheriff's deputy report, but doesn't explain how allegedly reaching toward the center console means he attempted to use a bat against them. The article states he was arrested and charged with aggravated assault, resisting arrest and fleeing police.

While resisting arrest and fleeing police are also charges that must be well-defended in court, aggravated assault is the most serious of the three that this defendant faces. According to Florida Statute 784.021, aggravated assault is defined as:

"An assault with a deadly weapon without intent to kill or with an intent to commit a felony." A person who commits an aggravated assault is guilty of a third-degree felony, which is punishable by up to five years in prison. An assault, as defined in the previous chapter of Florida law, is "an intentional, unlawful threat by word or act to do violence to the person of another, coupled with an apparent ability to do so, and doing some act which creates a well-founded fear in such other person that such violence is imminent."

In cases of aggravated assault or assault in Florida, the state must show that a person threatened another person and intended to do violence. Simply because there was a bat in the driver's front seat and he reached in that direction may not constitute proof that an assault was committed. The man may have been reaching for something else.

But most charges of assault or aggravated assault aren't committed against law enforcement officers during traffic stops. In most cases, this charge is brought when tempers flare between two people. Proving that an act created a "well-founded fear" in another person simply at their word may not be enough to prove the case. Self-defense is sometimes applicable as well as proving the alleged victim is the actual perpetrator.

Hiring an experienced and aggressive West Palm Beach Criminal Defense Attorney means properly defending all aspects of the charges, including working to exclude key evidence and disputing the words of witnesses and law enforcement. Putting together a sound defense strategy and exploring all options to best resolve the case are critical.

Continue reading "West Palm Beach Man Charged With Assaulting Deputy" »

The Sun Sentinel recently reported that a 33-year-old man was sentenced to 10 years in prison for driving drunk and killing a 43-year-old motorcyclist in 2009.

The man was 31 on Sept. 8, 2009. He was driving his fiancee's 9-year-old daughter to school one early morning when he crashed into the motorcycle, dragging the 43-year-old victim 180 feet before stopping, leaving the girl in the car and running away.

Charges of DUI Manslaughter in Fort Lauderdale are some of the most serious a person can face and can result in long prison sentences. An aggressive and experienced Fort Lauderdale DUI Defense Attorney will fight all aspects of the charges and seek to suppress key evidence the state intends to use.

According to the news report, the man had a blood-alcohol content level of .236 after he was arrested. It's unclear from the report whether that number was determined by blood testing or breath testing.

A Broward circuit judge sentenced the man to 10 years in prison on a charge of DUI manslaughter and five years on a charge of child neglect with both sentences running at the same time. He was also placed on 15 years probation after the prison term; a requirement of release will be that he not drink alcohol and will undergo random drug and alcohol testing.

The newspaper reports that at the time of the crash, the defendant was wanted in Maryland for violating probation on a case in which he was driving drunk and left the scene of an accident that involved bodily injury.

In Florida, DUI manslaughter is punishable by up to 15 years in prison. Because of the severe penalty attached to the charge, an aggressive defense should include challenging all evidence, reconstructing the scene of the accident and vigorously cross-examining witnesses the state intends to call at trial.

While the state in many of these cases retains expert witnesses in order to bolster its case against the defendant, an experienced Fort Lauderdale DUI Defense Attorney, too, has a list of experts at their disposal to counter the state's witnesses.

There are many aspects of a DUI Manslaughter case that can be challenged in Broward County. Some of them are -- how the arrest was made, how the blood-alcohol content level was determined and who was at fault in the accident.

How the arrest was made: In most DUI investigations, law enforcement officers make a traffic stop for a variety of reasons, from a brake light being out to sudden starts and stops to swerving in lanes. With cases involving a death, the investigation typically starts after an accident occurs. When multiple vehicles are involved, police must diligently investigate to determine how the accident occurred and not just take eye witness statements at their word. People can fudge details and misrepresent what happened.

How the blood-alcohol content was measured: As in any DUI investigation, officers will attempt to get a blood-alcohol level from a suspect. In Florida, the legal limit is .08. These levels can be determined by a blood test and through breath testing. Breath testing, however, simply produces an estimate, not a measurement and the devices have been known to be faulty. A breath test may be denied and officers can sometimes obtain warrants signed by a judge to obtain a blood test. Either of these pieces of evidence can be thrown out of court if procedures aren't followed.

Who was at fault in the accident: Even in pedestrian-related DUI manslaughter cases, the driver may not be at fault. Even if the driver's blood-alcohol content level was above the legal limit, someone else can cause an accident. All options should be explored to ensure justice is done in these serious cases.

Continue reading "Man Gets 10 Years in Prison For Miramar Fatal DUI Wreck" »