Broward DUI Lawyer Blog

A Boca Raton man faces a charge of DUI manslaughter after allegedly crashing into a Boynton Beach motorcyclist in March, the Sun Sentinel reports.

This case could be difficult for the state to prove, however, because it is a drug-DUI case and not a typical alcohol-DUI case. This is the rare situation when police believe the driver was under the influence of drugs and not alcohol at the time of an accident that turned deadly.

And police departments are woefully unprepared for such investigations. Every beat police officer gets trained in how to detect a driver under the influence of alcohol, but very few -- less than 1 percent of officers worldwide -- know how to detect how drugs affect a driver and how to spot it.

Yet, this driver faces the ultimate DUI-related charge of DUI manslaughter in Boca Raton. In Florida, this charge can be punished by up to 15 years in prison, a hefty price. And these cases tend to be emotional because of the loss of life.

For that reason, it can be difficult for a Boca Raton DUI defense lawyer to convince a judge to lower the sentence if a person is convicted. Still, aggressively fighting the charges and seeking an acquittal or lower charge conviction is important.

In this case, the 26-year-old defendant is accused of pulling out in front of a Boynton Beach man who was riding a Harley Davidson motorcycle. The motorcyclist hit the side of the vehicle and was thrown from his bike, dying about an hour later at a hospital.

The Sun Sentinel reports that blood tests, which took seven months to complete, showed that the man had oxycodone and alprazolam in his system, as much as four times the prescribed amount. The tests also allegedly showed he had THC, the main ingredient in marijuana.

But the tough thing about these cases is that many drugs can stay in a person's system for days or weeks. Marijuana, for instance, can be in a person's system for as long as 45 days.

Other prescription drugs have various time limits to stay in a person's blood stream, depending on what else the person consumes in a certain time frame. The report states that the man had legally filled prescriptions for the two prescription drugs the day before.

Sometimes, a person has a bad reaction to a prescription drug, which can impair his or her driving ability. But it's not a situation of drug abuse, but rather not knowing how drugs will affect them. Especially when a person takes a heavy painkiller, they may not know how it will affect them or their ability to drive.

Yet, if they get into an accident or get pulled over, they could be facing DUI charges in Boca Raton or throughout South Florida. If a person dies, then all of a sudden they face DUI manslaughter charges.

Continue reading "Drug-DUI Manslaughter Accident in Boca Raton Has Challenges" »

With Halloween fast approaching -- signaled by orange and black decorations, candy prominently on sale at the front of stores and costume stores popping up like mad -- it's time to watch out not only for ghosts and creatures of the night, but also cops looking for DUI arrests in Fort Lauderdale.

Halloween is certainly a holiday for kids to try to score as much candy as possible, but adults get into the act, too, dressing up and going to parties, which likely will serve alcohol. Fort Lauderdale DUI defense lawyers encourage drivers to drink responsibly and don't give the police any reason to suspect you of driving under the influence.

The police may resort to DUI checkpoints in Fort Lauderdale during the holiday weekend in order to try to snag drivers who they believe have broken the law.

These tactics, which many DUI defense lawyers and scholars argue are unconstitutional, occur when police set up shop on a busy street or in an area where they suspect people may be spending the night drinking, like an entertainment district.

They then screen a certain number or percentage of vehicles, without probable cause and without proof that anyone has committed a crime. Then, through some formula, determine which drivers they want to look at for possibly committing a DUI.

A recent article from Beverly Hills shed some light on these operations. A police lieutenant told the city council that the main point of conducting DUI checkpoints isn't to make DUI arrests, but to make the public more aware of drinking and driving.

On top of that nugget, the lieutenant also said that the checkpoints typically cost $10,000 to operate, which is usually paid for through state grant money. It takes 25 to 30 officers for each of the seven or so checkpoints that the department sets up each year.

Of the 2,200 vehicles on average that officers see, only about 500 are stopped and screened. All told, only about one driver out of the 2,200 is arrested for DUI. Another three faces driving without a license charge, 2.5 are charged with driving with a suspended license, and less than one is charged with a drug offense.

For all that effort, money and time, there are poor results. But there is still the option that drivers could face a DUI charge if mixed up with the wrong officer in a DUI checkpoint this Halloween.

Florida State University police recently held DUI checkpoints near campus, the Tallahassee Democrat reported, and Lee County sheriff's deputies ran a checkpoint in the Fort Myers area this month, the Cape Coral Daily Breeze reported.

This shows that police still value DUI checkpoints even though they statistically do little good. The sad thing is holding these operations means there are fewer officers on the streets where the real bad guys may be committing a crime. Maybe police should re-think this tactic as we get closer to the holiday season.

Continue reading "Beware of Ghouls, Goblins and DUI Checkpoints This Halloween in West Palm Beach" »

As the Broward DUI Lawyer Blog reported in September, a Coral Gables police officer was arrested and charged with DUI manslaughter and vehicular homicide after an accident in July. The Miami Herald recently reported that the officer has now entered a not-guilty plea after his attorney appeared on his behalf in court.

In Florida, it has become increasingly popular for prosecutors to charge suspects involved in fatal accidents not only with vehicular homicide, but also DUI manslaughter. While some people would consider this inappropriate when one person dies in an accident, courts have allowed state prosecutors to do this.

What this allows the state to do is have a big advantage over a Fort Lauderdale DUI defense attorney and his or her client. For one, while the charges are similar, they are still different. So, the defense must prepare for two different, major charges. Both vehicular homicide and DUI manslaughter in Fort Lauderdale are punishable by up to 15 years in prison.

While a defendant can't legally be convicted of both charges if there is one victim, they can still face both charges at trial, giving jurors equal opportunity to convict on a serious felony. The difference between the two charges is the alcohol influence on the driver and whether the state can prove it.

In DUI manslaughter, the state must prove that the driver not only was under the influence of alcohol, but that he or she was intoxicated as defined under the laws of the state, and it was that intoxication that caused the crash.

To prove vehicular homicide, the state must prove that the person's negligence caused an accident that killed a person, either another driver, a pedestrian or bicyclist. This can be caused simply by speeding or driving recklessly, without the influence of alcohol.

DUI manslaughter is considered a more serious charge because of the use of alcohol. Under the law, a driver must spend at least four years in prison if convicted. Vehicular homicide, however, has no minimum mandatory sentence, as it is considered more of an accidental death.

In the case of the Coral Gables officer, it took three months for blood tests to return from the lab to confirm that his blood-alcohol level was .229, or nearly three times the state's legal limit, at the time of the crash in July, The Miami Herald reports.

According to the newspaper, the 24-year-old officer, a member of the force for five months, was driving at approximately 4 a.m. on July 16 when his vehicle hit another vehicle driven by a 24-year-old student. Witnesses estimated the officer was driving about 60 mph in a 45-mph zone when he struck the other vehicle as it was turning left.

The family of the victim is upset about the way the case unfolded. They were first upset that the officer was allowed to go home and wasn't arrested on the spot, even though officers knew he "smelled of alcohol" and was hospitalized after the crash.

A police report wasn't immediately released after the arrest, as the department cited an "ongoing" investigation. Neither his personnel file nor a press release by the department stated that he was involved in the accident.

Family members said that police officers grilled family members at the hospital, asking questions about why the victim was out so late and whether she was on the phone. Blood tests before she died showed that she hadn't been drinking. The mother of a 4-year-old daughter had been studying that night for a test. The officer's father is a longtime Miami-Dade police officer.

Continue reading "Coral Gables Cop Pleads Not Guilty to DUI Manslaughter Charge" »

For the third time in recent months, a former or current athlete has been arrested and charged with domestic violence in Fort Lauderdale or the surrounding area.

NBC Miami reports that former Miami Dolphins wide receiver James McKnight was arrested after allegedly hitting his wife. He was charged with simple battery and released on $3,500 bond.

Domestic violence is a charge akin to DUI in that anyone can commit it. Arguments start slow then heat up, especially when alcohol is involved. That leads to heightened emotions and sometimes physical threats.

But the difficult thing about these cases is they typically come down to a he said/she said situation. As an experienced Fort Lauderdale domestic violence defense lawyer would tell you, those are the types of cases that are toughest to prove because without strong evidence, there is reasonable doubt.

When police get a call of domestic violence, they must keep an open and clear mind, but sometimes that isn't the case. Stereotypical or not, they might assume the man is the perpetrator and the woman is the victim. In a case where the man has a much larger stature than the woman, there may be little he can say to convince them otherwise. In the case of a professional athlete, it's probably unlikely.

In McKnight's case, he was charged with allegedly twisting his wife's wrists and pushing her into their car, causing her to strike her head on the vehicle. A police report states the action caused her to "see stars," which is likely an exaggeration, given that people seeing stars is typically reserved for cartoons. But McKnight's wife told police her lower back began hurting after the alleged Oct. 14 incident as well.

McKnight played for the Dolphins from 2001 to 2003 and also made stops with the Seattle Seahawks, Dallas Cowboys and New York Giants.

Over the summer, Dolphins wide receiver Brandon Marshall was implicated in a domestic violence situation, but charges were later dropped when his wife wouldn't cooperate with police. Marshall told investigators that he slipped and cut himself and that his wife had nothing to do with his injuries.

In September, former World Series MVP Manny Ramirez was charged with domestic violence in Weston after his wife alleged he pushed her against the headboard of their bed, causing injury to her head. He pleaded not guilty and is awaiting trial.

While celebrities will always get more coverage in the news media than everyday people, domestic violence is a common charge. Sometimes, it is filed irresponsibly, when police do little investigating and rely more on the alleged victims than they probably should. But like any other criminal case, there are defense strategies to help ensure a fair trial.

This isn't a charge to handle alone. The implications can be severe -- possible jail time or probation, fines and fees, injunctions from returning home, and the stigma of being arrested.

Continue reading "Third Miami-Area Athlete Charged Recently With Domestic Violence in Fort Lauderdale" »

A 45-year-old woman will spend the next two decades in prison after recently being convicted of DUI manslaughter in West Palm Beach when she drove into construction workers, killing two of them, The Palm Beach Post reports.

In Florida, DUI manslaughter is punishable by up to 15 years in prison, and judges are typically unlikely to scale back the penalties in order to make a statement to others.

Fighting these charges is the only way to go. That requires the skills of an experienced West Palm Beach DUI defense lawyer. Police can and sometimes do make mistakes in these types of cases. It's the job of a lawyer to analyze every aspect of the case and ensure that all evidence is scrutinized.

In this case, the woman was charged with plowing into three construction workers. Two of them -- a 34-year-old Palm Beach County man and a 53-year-old Stone Mountain, Georgia, man -- were killed.

In a video introduced into evidence, it shows the woman with slowed reflexes and slurred speech telling officers she wants to speak with a lawyer. But they then tell her at least one person was dead. She then tells the officers to take her to jail since she "killed somebody."

The judge told her that it was her ability to choose to drive and have that type of conversation with police that led him to sentence her to 20 years in prison.

"For someone to be that impaired, but still be able to put a key in the ignition and drive for at least a few miles before this crash, that shows that there was some cognitive ability there for you to know that you were drunk," Circuit Judge Jeffrey Colbath told her.

The emotional sentencing hearing included family of the Georgia man telling stories and playing a photo slide show of the man's life. The wife of the Palm Beach man told the judge she will now have to raise her four children alone.

The crash happened on Alternate A1A around 12:30 a.m. June 26, 2009, in Jupiter. A third man, a 39-year-old from Palm Beach County, was injured but not killed. The woman told investigators she was driving home from a party at the time. Police said her blood-alcohol level was .235, which is almost three times the state's legal limit of .08.

Hearings involving DUI manslaughter are always emotional. The victim's family is always enraged that such a preventable death happened, while the defendant's family tries passionately to convince a judge that such a one-time mistake shouldn't ruin their life.

In some cases, taking a pro-active approach, such as entering into alcohol treatment and volunteering to talk to people about the dangers of drinking and driving before trial, can help mitigate the sentence.
The strategy of a defendant and their attorney depends on the facts of the case. And every case is different. Investigators sometimes have very little to work with or a lot of evidence and whether it is credible or not makes a big difference.

Continue reading "West Palm Beach Woman Imprisoned For 20 Years After DUI Manslaughter Convictions" »

A recent report by the Centers For Disease Control and Prevention suggests that 81 percent of drunk driving accidents in 2010 involved men and 32 percent of all drunk driving episodes were committed by men between the ages of 21 and 34, though they make up only 11 percent of the population.

While the comprehensive study provided many statistics good for news articles, it doesn't mean that every man charged with DUI in Fort Lauderdale is guilty. To the contrary, many defendants represented by Fort Lauderdale DUI defense lawyers have bad evidence used against them or inaccurate police observations that lead to lower charges or not-guilty verdicts.

According to The Car Connection, the CDC study provided a lot of information, including that about 11,000 people are killed each year by drunk driving, down from 25,000 in 1980. Drunk-driving deaths make up about 33 percent of all traffic fatalities.

In 85 percent of drunk-driving incidents, the drivers were involved with binge drinking, defined as having a large number of drinks over a short period of time. This means about five for men and four for women.

Women 21 to 24 accounted for 25 percent of the total number of drunk-driving incidents in 2010.

The report comes on the heels of a study out of the University of Miami that looked at binge drinking compared to the economy.

While the CDC numbers also found that drunk-driving incidents are down since 2006, the University of Miami study found that binge drinking has increased with unemployment. Despite other studies that tend to show that a lack of money means a lack of alcohol, this study found that in poor economic times, more people are drinking more heavily, the Miami New Times reports.

African-Americans and those 18 to 24 tend to drink more as unemployment rises, the study found. The more children in the household also translated to more binge drinking. And those with a higher income were labeled as heavy drinkers in an economic downturn. The research was based on data from 2001 to 2005.

In Florida, those who are convicted of operating a vehicle and having a blood alcohol content level of .15 or higher can be forced to install an ignition interlock device on their vehicle, which requires a breath sample for the vehicle to start.

That not only infringes on a person's freedom, but it is expensive. Drivers must pay not only an installation fee, but also a monthly service fee for as long as the judge sentences that person to use the device. That is in addition to possible driver's license suspension, jail or prison time, probation, and other court fines and fees.

That's why these charges must be defended aggressively. A conviction not only can cause emotional and stress-related problems, but ruin careers and drain a person financially.

But there are many defenses to the charges, including looking at the breath testing device that was used, the field sobriety tests given by the officer, as well as the officer's observations compared to witnesses or video surveillance.

Continue reading "Binge Drinking, Unemployment, Men Contribute to DUI in Fort Lauderdale" »

In a turnaround from "tough on crime" legislation out of Tallahassee, lawmakers smartened up by decreasing the penalties against teens who are caught "sexting," a law that went into effect October 1.

Most lawmakers take an approach that increasing penalties is always the best move. They don't take into consideration the cost of incarceration, overcrowded prisons or even the people themselves who may have been caught up in a one-time bad situation. They think that it will impress voters if they introduce bills that make penalties steeper.

But for once they did the right thing. Rather than teenagers -- essentially older children who make bad mistakes with poor judgment calls -- being tried as adults and labeled sex offenders if they get caught "sexting" they will now be punished with much lower penalties.

Sexting in Fort Lauderdale has become a larger problem in recent years with the advent of phones that can do just about anything. With the ability to take pictures and instantly send them to others, it didn't take long for "sexting" to become popular. It is the action of taking and sending photos of nudity or sex acts and sending them via phone to others.

Under the previous law, the Sun Sentinel reports, teens could be charged with child pornography, a much more heightened charge that has long-term consequences. Fort Lauderdale criminal defense lawyers have seen many lives ruined because the state's antiquated laws punish teens as they would hardened criminals who have raped and committed heinous acts.

Under the old law, a teen who sent pictures of themselves nude to anyone else would be charged with creating and distributing child pornography. According to the law, this was treated the same as a person who has 200 videos of child pornography found on his or her computer. They would have to register as a sex offender, which stays in state and national databases forever.

Under the new law, the penalties are softer for teens:

• For a first offense, a violation is treated like a traffic ticket and is punishable by eight hours of community service or a $60 fine.


• Second offenses are considered misdemeanors, which can be punishable by probation, possible jail time, fines and fees.


• Third offenses are considered third-degree felonies, which can lead to five years of prison time.

While the law is still strict, it at least affords teens an opportunity to learn their lesson. The state has deemed it illegal and therefore there is punishment, but it's not punishment that results in a person's life being changed forever.

Like any crime, there are defenses to sexting cases. And while each case is different, an experienced Fort Lauderdale criminal defense lawyer should be consulted to look at what facts the state has against the accused.

Continue reading "Penalties for Teen Sexting in Fort Lauderdale Minimized" »

A man didn't help his case recently when he attempted to use a taco he had purchased at a Taco Bell drive-thru as identification when asked by officers for one, the Miami New Times reports.

Drinking and driving can do some strange things to people and it's often those observations that go a long way toward an officer determining whether they will file charges against a person or not. Most cases of DUI in West Palm Beach start off this way.

When a police officer pulls over a vehicle on suspicion of DUI, it's because he or she committed some type of traffic violation -- speeding, improper lane change, swerving or something else. They then will strike up a conversation with the driver, hoping to be able to note in their report that the speech was "slurred" and their eyes looked "bloodshot," which are all common indicators officers are trained to spot.

West Palm Beach DUI defense lawyers have seen many cases in which an officer's observations have been discredited by eye witnesses or vehicle passengers who have testified that the driver didn't commit the initial traffic violation, which creates the basis for the DUI investigation. Also, an officer's dash-cam video, which is activated when the overhead lights are turned on, can be used against the police if their report differs from the video, which police rarely review.

All of this information are factors in defense of DUI charges that must be explored in any case. While every situation is different, a defendant shouldn't be arrested without some proof, and they certainly shouldn't be convicted unless the state can prove the case beyond all reasonable doubt.

In this situation, a 30-year-old man drove to a Taco Bell drive-thru late at night in Jensen Beach, north of West Palm Beach. He placed his order but once he got to the pick-up window he fell asleep.

A manager called police since the man was now holding up the line of cars behind him. When deputies arrived, they found the man slumped over the wheel of his truck. A deputy woke him up and the man reached into his bag of food and handed the officer a taco.

The officer clarified that he was asking for identification, not a taco. The man chuckled and began eating the taco. Deputies noticed that the man had fallen asleep with his wheel on the accelerator, with the truck in park. The friction sparked a fire, which deputies put out with fire extinguishers.

After taking a breath test, the man registered a blood alcohol level of .227 and .225, both more than two times higher than the state's legal limit of .08.

If convicted, the man will likely not only face possible jail time or probation, but could be subjected to fines and fees as well as having to install an ignition interlock device on his vehicle. For drivers convicted of DUI in Florida who have a blood alcohol level over .15, an ignition interlock device could be part of sentencing.

These machines ensure a vehicle isn't started without the driver blowing into them and registering a low blood-alcohol level. These are costly machines and the driver not only has to pay for installation, but monthly maintenance.

Continue reading "Man Attempts to Use Taco as ID When Police Question Him for DUI in West Palm Beach " »

Attorneys throughout Southwest Florida have been hammering the state's breath testing machines, with one state attorney's office tossing out breath test results in 100 DUI cases.

It's about time prosecutors started taking note since the Florida Department of Law Enforcement continues to stand by what is likely a faulty machine.

As Fort Lauderdale DUI defense lawyers have argued for years, breath tests not only produce faulty results based on manufacturing defects, but also based on police officer error. These machines are made to be calibrated over a certain period of time, and often they aren't. And as several newspapers have reported, DUI defendants in West Palm Beach and statewide have had cases dismissed because of it.

In Sarasota, as the Herald-Tribune reports, prosecutors have already tossed out breath testing results from 100 DUI cases and are reviewing others. These actions come after concerns were brought up about the validity of the Intoxilyzer 8000, the only breath-testing machine certified for law enforcement use in Florida.

According to the newspaper, analysis done on the device showed that some drivers, who have a maximum lung capacity of five liters, blew as much as 10, 11 or 12 liters of air into the machine. These are impossible results, yet they were being used in court as if the defendant were guilty.

And the newspaper reports that many of these machines were producing incorrect results without any oversight. Machines were used unquestioned by police or prosecutors for years without proper calibration checks. In July, FDLE fixed the machines, but didn't indicate how long the machines were faulty or how far off the calculations were. So it's unclear how many cases were affected.

In Naples, attorneys are taking it a step further. They are prepared to argue before a judge that the state's DUI law is unconstitutional because clients aren't allowed to have access to information about breath machines that are a major component of DUI investigations and convictions.

Attorneys have argued for years that without the source code -- the blueprint for how breath machines work -- defendants' rights are being violated. Without access to information in their cases, Florida's defendants are at a huge disadvantage against the state.

Defendants are required to have all information being used against them in their case. That means police reports, lab work, DNA testing, fingerprinting, witness statements and anything else that the state intends to use against them.

In DUI cases, a breath test result is easily the biggest piece of evidence that supports the charges. It is clear that the legal blood alcohol content level limit in Florida is .08. When a breath test shows .09, it is easy for a jury to convict.

But what defendants haven't had is the proof that these machines -- which are used by every agency in the state -- are actually working. And without better standards, their rights are being shredded.

Let's hope South Florida prosecutors take note of the proactive work that Sarasota prosecutors are doing in reviewing these cases to ensure that defendants' rights are being upheld.

Continue reading "Fort Lauderdale Breath Testing Under Fire By DUI Defense Lawyers" »

A 39-year-old Boca Raton man faces up to 15 years in prison after being convicted recently of DUI manslaughter stemming from a crash in 2006, the Sun Sentinel reports.

Fort Lauderdale DUI defense lawyers have seen many times how one drink too many leads to a crash that claims a life and changes another forever.

While the charge of DUI manslaughter in West Palm Beach is a terrifying one to face, there are defenses and the charge can be beaten. An experienced lawyer will guide a defendant through the complex and intimidating criminal justice system in an effort to reduce or outright beat the charges they face. No one should experience it alone. In fact, everyone has a right to an adequate criminal defense attorney to stand by their side.

In this case, according to the newspaper report, the man had been drinking at a local sports grill one October night in 2006. He admitted to drinking four Crown Royal and Cokes over several hours at the establishment.

After leaving the bar, he decided to drive home. Prosecutors say it was on the ride home that he was involved in an accident. He was driving above the 45 mph speed limit on Yamato Road when he struck a vehicle driven by a woman. She was making a U-turn in the 2200 block when her vehicle was struck by the defendant's. The article doesn't provide additional details, but goes on to state the woman died from her injuries sustained in the accident.

According to investigators, the man's blood alcohol level was 0.12, above the 0.08 legal limit. He is scheduled to be sentenced later this month. The defendant now faces up to 15 years in prison.

In any DUI manslaughter case, the state must prove beyond all reasonable doubt that the accident was the fault of the defendant. This means that jurors can't have any doubt that the driver was not only driving while intoxicated, but also their driving caused the accident and the fatal injuries.

While this may seem somewhat simple to those without experience in the criminal justice system, it is far from it. As many may have experienced, proving who caused an accident, even when alcohol is not a factor, is difficult.

If one driver was speeding, but another pulled out in front, who's at fault? If someone makes a turn in a place he or she is not supposed to turn and gets into an accident, police must be diligent in determining who is at fault.

The same goes for accidents where alcohol or drugs are alleged to be a factor. And this is where we get DUI manslaughter charges. If someone dies as a result of an intoxicated driver who causes an accident, that driver can face up to 15 years in prison.

It is a life-changing charge and requires the skills of an aggressive DUI defense lawyer. This can't be taken lightly. As with any felony, the charges can not only result in loss of liberty, but loss of career and reputation as well.

Continue reading "Boca Man Faces 15 Years in Prison After DUI Manslaughter Conviction" »

Schools in Louisiana have adopted policies that allow school administrators -- after being trained by local law enforcement -- to give breath tests to students before school functions, including dances and proms, in an effort to curb DUI.

Every American, including children, has the Fourth Amendment right not to be subjected to illegal search and seizure. There is absolutely no reason for anyone to be treated like a criminal when there is no probable cause that he or she has committed a crime.

This also doesn't take into consideration that breath testing such as those in Fort Lauderdale DUI cases has been proven time and time again to be faulty. The breath testing machines have manufacturing defects just like any other piece of complex equipment, and have been known to put out false readings for a variety of reasons and factors.

West Palm Beach DUI defense attorneys assume that most teens going to a dance will be using mouthwash or another product in the chance they end up stealing a kiss that night. Nothing wrong with that, right? But in Louisiana, officials could end up sending the youngsters home to a parent, or worse yet possibly attempting to charge them for a crime they didn't commit.

Calcasieu Parish school officials passed a policy in 2008 that allows administrators to administer breathalyzer tests to students. Under the policy, sheriff's officials -- with a grant from the state -- provide the breathalyzer equipment and necessary training.

Students are required to have a signed consent form from a parent. In most cases, the form must be signed before the student is allowed to purchase a ticket to a school dance or other event. When students arrive at the dance, they are required to undergo a breathalyzer test, which must read 0.00. If a student's test comes in at anything above 0.00, his or her parent is called to pick them up.

As is common knowledge, however, alcohol-based mouthwash, gum, mints, cough syrup and medication can send out incorrect readings. Even the machine itself could be faulty. A person who isn't legally drunk can end up getting carted away to jail if an officer relies on this faulty equipment.

Sadly, it happens with regularity, even here after West Palm Beach DUI investigations. That's why Broward DUI lawyers and others are fighting to obtain the code that makes up the Intoxilyzer, the breath machine used by all Florida law enforcement officers. While a judge has already ruled in defense attorneys' favor, the Kentucky company that produces the machines has fought the ruling.

Attorneys believe that by having the code, they can explain why so many DUI defendants throughout Florida have suffered because of poorly manufactured devices that show incorrect readings. It's a situation Louisiana school officials should be monitoring before they take away peoples' rights.

Continue reading "Students Forced Into Breath Tests At School Dances Seems Like Civil Rights Violation in Florida" »

NBA player Ben Wallace, a member of the Detroit Pistons, may end up avoiding going to jail because he was charged with a gun violation at the time he was arrested for DUI, the Detroit Free Press reports.

It seems a little backwards, but in Detroit, there is a specific judge who typically handles DUI cases. She has a reputation for sentencing first-time DUI offenders to jail time as a way of proving a point that driving under the influence is dangerous. This happened earlier this year when Jalen Rose, a former NBA player and ESPN analyst, was sentenced to jail time for a first offense.

Because there is a felony charge in the arrest report, Wallace won't go before the same judge and may end up facing probation for the felony and DUI charges, if convicted.

This isn't a situation specific to Detroit, however. There are many Miami judges who use their power to send a high-profile defendant to jail, and sometimes even everyday people, in order to try to prove the point that the penalties can be severe and inconvenient.

Every defendant already knows that DUI in West Palm Beach is a serious charge. An experienced Fort Lauderdale DUI attorney must be hired to challenge the state's evidence and seek the best for the client, whether that means going to trial or attempting to secure a favorable plea agreement.

In Wallace's case, he was arrested recently after driving "erratically" down a suburban Detroit street in a 2007 Cadillac Escalade. When officers began a DUI investigation, they found that his blood alcohol level was 0.14, nearly twice the state's legal limit.

Upon investigation, officers found an unloaded handgun and ammunition in a backpack in the rear of the vehicle. The gun was registered to his wife.

After arresting him, Wallace was charged with DUI and carrying a concealed weapon. Legal experts believe he may end up avoiding incarceration as a penalty because he will be transferred to circuit court rather than a lower court, where the hard-nosed DUI judge presides. Also, Wallace has no criminal history record.

Recently, the Detroit newspaper reports, Wallace waived his right to have a preliminary exam before the district court judge and instead moved his case to circuit court, where a judge will hear the felony case and DUI case.

The court system is similar in Florida. County judges are allowed to preside over misdemeanor cases only, and don't have authority to make decisions regarding felony cases. However, circuit judges are able to preside over felony and misdemeanor cases when defendants face multiple charges.

In Florida, it's likely that a circuit judge would handle a similar case if a defendant faces both felony and misdemeanor charges. And circuit judges are used to seeing murder cases, sexual assault cases and other hardcore crimes. A person facing a minor felony and a misdemeanor could end up avoiding jail or prison time in the right circumstances and the right criminal history record.

Continue reading "Gun Charge May Help Hoopster Avoid Jail in West Palm Beach DUI Arrest" »