Broward DUI Lawyer Blog

A West Palm Beach man on probation was arrested recently after authorities discovered guns and drugs inside his apartment, The Palm Beach Post reports.

Probation is much more difficult than most people believe. Some think that going to prison is difficult, and it is, and that probation is a cakewalk, which it isn't. For people who are convicted or enter into a plea agreement, probation can sometimes be a condition for crimes such as drug offenses in West Palm Beach, burglary or assault.

It requires meetings with a probation officer, monthly payments, notifying the officer when you move or changes in employment and sometimes comes with a curfew. An experienced Fort Lauderdale criminal defense lawyer knows that probation doesn't work for everyone.

And a Fort Lauderdale violation of probation can lead to a re-arrest and conviction, putting the defendant right back where they were before they took on the challenge of adhering to the strict guidelines of probation.

One West Palm Beach man found out the hard way recently, according to the newspaper. the 28-year-old is now charged with violating probation, 10 counts of possession of a firearm or ammunition by a convicted felon and possession of marijuana.

Probation officers and police officers searched his apartment one recent morning during a routine status check. People who agree to serve time on probation agree to many different conditions, which can include random drug testing or random searches of their property. This is to ensure they haven't committed any new crimes while on probation, another condition of probation.

After finding rifles in the man's bedroom closet, officials left his apartment and sought a search warrant. After getting a warrant, officers found six rifles, including an AK-47, two other pellet rifles, another AK-47 and then magazines for handguns and a rifle. Police also allegedly discovered marijuana baggies and other drug paraphernalia.

The 28-year-old was on probation at the time after being convicted in 2000 of manslaughter with a firearm. Police say they will test the weapons to determine if they may have been used in any unsolved crimes.

People who are convicted of a crime -- gun-related or not -- are prohibited from having a weapon. That is a separate crime. This particular defendant now faces perhaps dozens of years in prison, if he is convicted.

Consulting with an experienced criminal defense lawyer is important because while a plea deal with the state may keep a defendant out of prison, setting them up for failure as a probationer is even worse. It means a person could end up facing prison time for the maximum penalty of the original crime they faced.

Their time on probation could be nullified with a new conviction. It's possible that time on probation isn't going to work and a shorter prison term may actually be beneficial. Prosecutors tend to prefer prison time over probation anyway, so that may be an option.

But if a defendant wants to avoid prison time at all costs and is charged with violating probation, a defense lawyer must be called in to look at the case and determine possible defenses.

Continue reading "Probationer in West Palm Beach Arrested After Drugs, Guns Found" »

Mlive is reporting that Detroit Tigers star Miguel Cabrera will go to trial on a charge of DUI in Fort Pierce after a prosecutor asked for a continuance.

As our Broward DUI Lawyer Blog reported on earlier this year, Cabrera was arrested and charged with DUI in Fort Pierce last February after police responded to his Land Rover that was pulled off to the side of the road.

Officers reported that he was drinking Scotch inside the vehicle when officers arrived. Officers didn't see him driving the vehicle when they saw him drinking, so after a driver's license administrative hearing, his license was returned.

Many people will question how a person charged with DUI in West Palm Beach could get a victory in a related court hearing. Simple -- it's a different type of hearing altogether. A driver's license administrative hearing must be requested within 10 days of a DUI arrest, otherwise, you can kiss your license goodbye.

Administrative hearings are designed to look at the actions of police and whether they followed specific procedures and protocols when conducting the stop and how they interacted with the driver. An experienced West Palm Beach DUI defense lawyer is able to handle both the administrative hearing and the DUI defense case.

How these differ is a magistrate judge will determine if police followed the rules and if there is enough evidence to take away a person's license. In a DUI case, the state has the burden of proving beyond a reasonable double that the person was under the influence of alcohol or drugs and drove a vehicle while in that intoxicated state. There are many more factors in play in that scenario.

In Cabrera's case, he was arrested in February after police saw his vehicle disabled on the side of the road. He was more than 100 miles from Cabrera's house in South Florida and from the team's spring training home in Lakeland, between Tampa and Orlando.

Cabrera allegedly refused a breath test that could have determined his blood-alcohol level. He was charged with DUI, resisting an officer without violence, a misdemeanor, and a citation for possession of an open container. Another charge of resisting was dropped a month after the arrest.

Cabrera was previously scheduled to go to trial at the end of November, but attorneys are now anticipating a week-long trial, rather than the previously scheduled two-day trial. Cabrera's attorneys were prepared to start, but prosecutors requested, and were granted, a continuance.

Jury selection is scheduled for one day and the trial is expected to last the four following days in mid-January, Mlive reports.

As stated earlier, a driver's license administrative hearing is designed to determine whether the police should have investigated for DUI and take away a person's license. As the report states, a judge reinstated Cabrera's license after ruling law enforcement didn't have probable cause to arrest him.

While these hearings are separate and the result of one has no bearing on the other, an experienced lawyer who wins an administrative license hearing could use some of those facts in defense of the DUI charge. Proving police didn't have reason to investigate could convince a jury the defendant should be found not guilty of the criminal charges.

Continue reading "Detroit Tigers' Slugger Miguel Cabrera Faces January DUI Trial" »

Local and state law enforcement will be on the prowl this Thanksgiving holiday weekend as they attempt to arrest as many people as possible for DUI in Fort Lauderdale.

The Thanksgiving holiday for most people in America is about spending time with family, relaxing, watching some football and enjoying some downtime. But for police officers, it is an opportunity to step up their patrols, conduct DUI sobriety checkpoints and look for people they believe may be driving under the influence.

If you are pulled over and charged with DUI, you should call an experienced Fort Lauderdale DUI defense lawyer immediately. As a suspect in a criminal, you have a right to remain silent as well as the right to a lawyer. You should exercise both those rights as soon as possible.

There are some things that defendants of driving under the influence do that can ruin any chance of getting a victory in court. That's likely because we all, as children, tried to convince an authority figure we weren't guilty of committing the offense at hand. We may have tried to talk our way out of things or blamed someone else.

But as adults, this doesn't work. Police officers are trained to know when a person is lying. They use deceptive tactics to get people to talk, and confess, to crimes. If you are slightly intoxicated, your verbal skills are no match.

It is best to remain silent and ask for a lawyer. An officer may ask for you to attempt field sobriety tests by the side of the road or take a breath test. It is your choice whether or not you wish to take those tests. Failure to take them could result in a driver's license suspension or revocation. A failed test, however, could be damaging evidence in your future criminal case.

Whatever you do, don't do it alone. Consulting with an experienced lawyer is a good first step.

The driver group AAA estimates that more than 42 million people will be traveling during the holiday week, an increase from years past. This will lead to an increase in traffic, especially up and down I-95 in South Florida. That could mean a jump in accidents, which could be investigated as DUI-related.

The Florida Highway Patrol has already announced it will have more troopers on the road than they normally do. They will have "saturation patrols" statewide. Last year, troopers arrested 121 people for DUI in a four-day period statewide around Thanksgiving, the agency announced in a press release.

They also made nearly 13,000 citations for other traffic infractions in Fort Lauderdale and throughout Florida.

Any action taken by a driver, whether an accident or bad driving, will be looked at suspiciously. You may get caught in a sobriety checkpoint or you may just get pulled over if an officer suspects you have been drinking. It can lead to a very bad night.

The only way to respond is by fighting the charge through the help of an experienced Fort Lauderdale criminal defense lawyer.

Continue reading "Police Will Step Up Patrols and Seek DUI Arrests in Fort Lauderdale This Thanksgiving Holiday" »

According to The Associated Press, a Broward County sheriff's deputy was recently arrested on charges of domestic violence after allegedly getting into a fight with his girlfriend. NBC Miami reports that he allegedly beat and choked the woman as well.

Charges of domestic battery in Fort Lauderdale have come into focus lately after several South Florida athletes have been arrested on similar charges. In the last several months, Miami Dolphins wide receiver Brandon Marshall and former World Series MVP Manny Ramirez were arrested on charges of domestic violence.

In Marshall's case, he was accused of striking his wife, who them was accused of stabbing him with a piece of glass. Without cooperation from either, charges were dropped by authorities, who were unable to prove the allegations.

In Ramirez's case, he was accused of causing his wife to hit her head against their bed's headboard after pushing her. He claims it was an accident.

These charges require the experience of a skilled Fort Lauderdale criminal defense lawyer, who can seek to get charges dismissed or lessened either through a plea agreement or a trial. These charges can have serious consequences on a person's reputation, career and standing in the community.

And they can lead to jail or probation on top of fines and fees and the aforementioned personal problems. But these charges oftentimes are based on allegations that are unproven. In many domestic violence situations, police are called to a house or apartment with little information.

When they get there they are forced to make a decision of whom to trust -- typically the man or the woman -- without much physical evidence that can tie either one to being guilty.

In this case, according to NBC, the 56-year-old Broward County Sheriff's deputy was arrested and charged with domestic battery by strangulation and domestic battery. A report states that deputies responded to the home after midnight after the officer called police to tell them he'd been headbutted by his girlfriend.

The girlfriend countered that he had spit in her face, took her to the ground, headbutted her and punched her in the eye "with a closed fist" several times. She also claimed that the deputy choked her.

Both were hospitalized -- the deputy with a laceration on his forehead and scratches on his arms and his girlfriend with pain in her head, bruising and cuts. Apparently, only the deputy was charged.

This is another situation where law enforcement officers must make a tough decision in a relatively short time. They received a call from the deputy, a man, claiming he had been attacked. Yet it was his girlfriend who apparently made the more compelling case to be the victim. And, so, officers charged the man.

This happens every day in every city. Domestic violence is common, but what's debatable is how common it is for officers to arrest the right person. They rarely get called to a situation where they don't make an arrest because if they leave and the violence escalates, there could be consequences for everyone involved.

Continue reading "Broward Deputy Charged With Domestic Violence in Fort Lauderdale" »

The charge of DUI in Fort Lauderdale or anywhere else is an equal opportunity charge.

That means that anyone who has been drinking alcoholic beverages, including beer, then drives can be arrested, without planning or any kind of sinister scheme to commit the crime. Unlike crimes such as burglary or assault, DUI can be committed accidentally and yet they have long-term consequences.

The public usually becomes outraged when public servants or people in a position of trust are charged with DUI. It certainly makes the case more difficult for a Fort Lauderdale DUI defense lawyer because the media and public outcry can certainly affect the decision-making process of a prosecutor and judge.

Such is the case of a teacher in Fort Myers, as reported by CBS News in Fort Myers.

The news station reports that a 62-year-old teacher, who has 30 years of experience working with young people, was recently arrested and charged with DUI after crashing her car in a middle-school parking lot recently. She is accused of driving drunk to school.

The news station reports that the middle school teacher slammed her Kia SUV into a stopped car in the parking lot of her school. The teacher told authorities she swung into the parking spot too wide, but a school resource officer told police he saw the teacher stumbling and that her speech was "thick tongued."

Sheriff's deputies conducted four field sobriety tests and the news station reports that she failed all the tests. When deputies searched her vehicle, they found a lunchbox with two opened and empty beer cans.

The news station reports that she was released on pre-trial supervision by a judge a day after her arrest. This was reportedly her third DUI in the time she has taught for the school district. Currently, she was an exceptional education teacher at two middle schools in the Fort Myers area. She was placed on paid administrative leave while the school district conducts an investigation.

Like drug court, which helps people who are addicted to drugs get treatment in lieu of hard jail or prison time for minor drug crimes, sometimes a skilled Fort Lauderdale DUI defense lawyer can help get a defendant into a treatment program or into a court program that allows for help instead of punishment.

The criminal justice system usually isn't high on mercy, but rather is designed to punish and teach adults a lesson. Juvenile court is known for helping to rehabilitate defendants, but adults typically don't get such treatment. But there are times where prosecutors and judges can be convinced that alcohol treatment would serve a better purpose than incarceration or probation.

But it depends on the case and the personnel involved. That is just one possibility. Otherwise, aggressively defending the charges may be the best bet if prosecutors take a hard-line stance against helping a defendant who wants to be helped.

Continue reading "Teacher Arrested For DUI After Crash in School Parking Lot" »

As our West Palm Beach DUI defense lawyers reported this summer, former Congressman Tim Mahoney was arrested in August on a charge of DUI.

Our Broward DUI Lawyer Blog looked at Mahoney's arrest and the possible fines he could be facing as a first-time DUI suspect. They include:

• Fines of $500 to $2,000
• Mandatory 50 hours of community service
• Up to 1 year of probation and jail time, combined
• Possible six-month jail sentence
• Vehicle impound for 10 days
• 180-day driver's license revocation

These are serious penalties for anyone, not to mention the embarrassment and ongoing media coverage that will likely ensue. In Mahoney's case, according to news reports, the 54-year-old was found slumped over sleeping in his car around 3 a.m. one day in Palm Beach Gardens.

Mahoney told the media that he pulled over and chose not to drive. Police may have a tough time proving that he was "operating" a vehicle at the time he was arrested. Authorities have revealed few details of the arrest and little else has been released since the incident.

The Palm Beach Post reported that Mahoney had a court date in November for a disposition and motion hearing. The newspaper reports that he was pulled over initially when police saw his vehicle on an access road near PGA Boulevard and U.S. 1.

A key element of a DUI prosecution is for the state to prove that the driver was actually driving the vehicle while intoxicated. This may seem simple to some, but being spotted already pulled over on the side of the road could be seen as not driving by a reasonable juror.

It will be interesting to see what happens in Mahoney's case given the circumstances of the arrest. He may be able to show that he wasn't actually operating the vehicle. Although what hasn't been reported is whether the police have substantial evidence to support the charge.

Many aspects of a DUI case in West Palm Beach can be disputed, whether field sobriety tests, a breath test or blood testing. Officers' observations during field sobriety testing can be disproved by witnesses or video surveillance. Breath testing has been shown to be unreliable, especially in Florida, where the Intoxilyzer 8000 is being challenged by DUI defense attorneys statewide. And officers must have a reason for blood testing -- they can't simply have a medical professional stick a needle in your arm without cause.

Every DUI case must be fought not only because of the criminal penalties, but also because of the problems a conviction can cause professionally and personally. People can lose their jobs and hinder their careers. A conviction can cause many problems with their families as well as hindering future opportunities.

An attorney must bring out all the stops when defending his client from a DUI in West Palm Beach. And a defendant should be ensured a fair trial with a strong theory of defense.

Continue reading "Former Congressman Set to Appear in Court After August DUI Charge in Palm Beach Gardens" »

A Miami man was arrested and charged with DUI after being stopped on Interstate 75 after crossing Alligator Alley, The News-Press reports.

Fort Lauderdale DUI charges can stem from either an accident where police are called or if an officer makes observations about a person's driving. Luckily, drivers can't simply be pulled over without a reason.

But, sometimes it happens. A police officer must be able to explain to a Fort Lauderdale DUI defense lawyer why the initial traffic stop was made and what caused them to consider the driver a suspect of driving under the influence.

Like any situation, a person can be pulled over for a variety of reasons:

• Speeding


• Swerving/improper lane change


• Starting and stopping suddenly


• Broken tail light


• Following too closely


• Running a stop sign or red light

In most cases, an officer will use his or her observations to determine if the person has been drinking. For instance, if a person has bloodshot eyes or they appear "glassy," the person may have been drinking. If their speech is slurred or they don't appear to be with it, this can also lead to police investigating them.

But the initial stop is critical. If police didn't have probable cause to make the traffic stop, all evidence they collect can be thrown out after an attorney files what's called a motion to suppress the evidence. After a hearing before trial, a judge can determine police didn't have a right to make the stop and toss all evidence against the suspect.

In the Naples case, a 35-year-old man was allegedly involved in a crash in Broward County near mile marker 31 on I-75. He allegedly stole a black BMW and drove it westbound. Law enforcement issued a "be on the lookout" for a man fitting his description and Florida state troopers discovered that Collier County Sheriff's deputies had stopped the man there.

Deputies had determined the man was under the influence of alcohol, though the article doesn't state how they determined that. He now faces charges of DUI, grand theft auto and driving with a revoked driver's license.

While police make most DUI arrests after routine traffic stops, they do have the opportunity to investigate a driver for drinking and driving after an accident has occurred. When they get to a scene, police likely will inquire about whether either driver has been drinking to determine the cause.

Being charged with DUI in Fort Lauderdale isn't the end of the world. These charges can be fought aggressively and police must ensure a driver's rights are upheld during their investigation. Any improper behavior can lead to charges being dropped or downgraded.

Continue reading "Man Charged With DUI in Naples After Crossing from East Coast" »

Two young men were arrested by Boca Raton police recently and charged with holding up a Pizza Hut restaurant at gunpoint, The Sun Sentinel reports.

Charges of armed robbery in Boca Raton and throughout Florida can be punished with long prison terms that are enhanced when police and prosecutors can prove that a weapon was used. The state's 10-20-Life law allows for strict penalties for weapon use.

The 1999 law passed by Florida legislators allows for a person who possesses a firearm while committing certain felonies to be sentenced to at least 10 years in prison. If the gun is fired, the penalty jumps to 20 years and if someone is injured or killed, the sentence is 25 years to life in prison.

If a previously convicted felon is charged with possessing a firearm, they must be sent to prison for at least three years and any gun-related prison sentence must be served consecutively -- meaning one after the other -- to any other term of imprisonment.

These are serious sanctions for crimes when a gun is used. But as an experienced Fort Lauderdale criminal defense attorney well knows, any charge can be beaten, depending on the facts and with an aggressive defense strategy.

In this case, around 1 p.m., the restaurant's cashier said a man armed with a gun and wearing a gray bandana over his mouth demanded money. After the cash register drawer was put on the counter, the man calmly walked out of the restaurant at 21342 St. Andrews Boulevard.

Police said that they later stopped a 22-year-old and a 19-year-old who were driving a green Chrysler with a tan convertible top that witnesses said was the getaway car.

The 22-year-old quickly gave up his friend, telling police that he drove him to the Pizza Hut, but didn't know he was going to commit an armed robbery. After the robbery, the man drove the 19-year-old to his home, where police later found a handgun outside. The same gun was reported stolen a week earlier.

Witnesses and the cashier at the restaurant identified the 19-year-old as the person who walked in with a gun. Both men have been charged with armed robbery.

In Florida, it is fairly easy for police to charge two people with an armed robbery. This is how many people end up getting charged with murder in Florida. If one person commits a crime, but the other person aids in any way, they can face the same charge.

Likewise, if two people conspire to commit a robbery and one of the suspects gets shot and killed, a co-conspirator can face a murder charge because they were aiding in the crime at the time the person was killed.

In this case, the co-defendant appears to be claiming that he knew nothing about the heist, though he also didn't report it to police. One might also consider that the other person in the vehicle was armed and to say he was going to report the other to police could cost him his life. Yet, police have doubted his word and arrested both on charges of armed robbery.

They now both face serious felony charges and lengthy prison sentences if convicted.

Continue reading "Boca Raton Pizza Hut Armed Robbery Leads to Two Arrests" »

West Palm Beach sheriff's deputies recently arrested a man who they believe was driving drunk while his 12-year-old son was in the car with him, The Palm Beach Post reports.

Now the man faces not only a charge of driving under the influence, but also a charge of child neglect.

This case is odd because the traffic stop wasn't initiated by police, but by a fellow motorist who called police to alert them about the driver. Florida, like many other states, has begun encouraging drivers to call 911 if they suspect another motorist could be breaking the law -- sort of a citizen police initiative.

But the scary thing is that motorists aren't trained to detect drunk driving, yet police are counting on them to spot drunk drivers. Spotting a West Palm Beach DUI is more difficult than the average person might suspect.

For one, a person swerving could simply be distracted. Most drivers have cell phones ring when they're in the car and may fumble to reach it. Women may apply makeup while driving and men may fumble with the radio dial. While none of these things are good, they can explain poor driving habits that can be mistaken for driving under the influence.

Secondly, police must have proof of a driving violation in order to make a stop. So, if a motorists calls 911 to report a vehicle was speeding and switching lanes without their turn signals, which are violations, but police don't witness it, they shouldn't making the initial traffic stop. Probable cause can become an issue.

In this case, the 50-year-old West Palm Beach man was arrested after being pulled over near Okeechobee Boulevard and Haverhill Road. The driver spotted him at Belvedere and Drexel roads.

When police pulled the man over, he initially claimed that his son needed medical attention due to illness. But the boy denied that with a head shake and a "look of embarrassment on his face," a police report states.

The man then allegedly told deputies that he and his son were on their way to install a raccoon trap. Police noted that he didn't smell of alcohol, but appeared "sluggish" and "dazed." The newspaper reports that he told deputies he takes Xanax, Roxycodone and Methadone.

Drug DUIs are much more complex than alcohol-based DUIs and police are far less prepared to handle them. Police get extensive training on how to detect when a person has been drinking and driving, but less than 1 percent of officers worldwide have been trained to detect when a person is under the influence of drugs and driving. We question whether such training is legitimate anyway.

Drugs, even prescriptions, can have various effects on a person and how they operate a vehicle. That's why you see many commercials that tell people not to operate heavy machinery after taking the medication. People use painkillers, allergy medications and psychiatric drugs every day to help them with various conditions. And they must drive, so it's a natural combination.

Continue reading "West Palm Beach DUI Suspect Had 12-Year-Old in Car" »

Plea deals in Fort Lauderdale criminal cases can be extremely advantageous to defendants for many reasons. For one, they typically allow for reduced prison sentences or no prison time at all.

They also allow for a quicker resolution of the case and less risk than going to trial and hoping a jury doesn't convict. There are also other benefits, such as possibly reducing a felony to a misdemeanor, a withhold -- meaning the case doesn't show up as a conviction on a person's record -- and getting other charges dropped after agreeing to plead to one specific charge.

But there are also risks involved. If there is some evidence, but not overwhelming evidence, a Fort Lauderdale criminal defense lawyer may suggest that the defendant go to trial rather than take a plea agreement if the case appears like it could lead to victory.

While criminal defense attorneys are trained and skilled in handling cases, there is no way to predict with 100 percent certainty how a case will turn out. Judges and prosecutors can make mistakes that harm a defendant. Even criminal defense lawyers can.

This is why it is important for defendants to understand that while the lawyer can give advice and should be counted on for that, it is ultimately their decision what to do. If they want to plead guilty or no contest, go to trial, testify or not testify, it is their decision.

And soon, the United States Supreme Court will hear arguments on two different cases that involve bad plea deal advice. The cases are Cooper v. Lafler and Missouri v. Frye.

In the Cooper case, according to The New York Times, the man's attorney told him that because the four bullets that he fired into a woman in Detroit in 2003 were below her waist, he couldn't be convicted of assault with intent to murder. Based on advice from his lawyer, he rejected a plea bargain that called for a prison sentence of 4 to 7 years. Instead, he was convicted and sentenced to 15 to 30 years.

In the Frye case, the man claims his lawyer never told him that prosecutors were willing to offer a 90-day prison sentence if he plead guilty to a misdemeanor driving without a license charge. When the offer expired, he plead guilty and was sentenced to three years.

Justices will hear arguments in the cases, which ask how bad legal work should apply to plea bargains. More than 95 percent of cases, by most estimates, are resolved by plea agreement. The Times reports that in the federal court system, the number is 97 percent, while state numbers rest around 94 percent.

Depending on how the court rules, it's possible defendants who got bad advice could get new trials. It's also possible that this could result in a benefit to defendants in the long run. Trial judges may get more discretion to review cases, hold hearings or ask more questions of defendants who are entering pleas in lieu of trial.

Some believe that a solution may be allowing defendants to withdraw plea agreements, which is rarely done right now. Prosecutors argue that defendants are only afforded a fair trial, not a plea agreement or a light sentence.

It will be interesting to see how the court rules on this one, but is sure to affect all Fort Lauderdale criminal defendants once it's all said and done.

Continue reading "Bad Criminal Advice in Fort Lauderdale To Be Considered By Supreme Court" »

The Miami Herald reports that a 19-year-old University of Miami student was recently charged with DUI manslaughter after allegedly causing an accident in Coral Gables while under the influence of alcohol.

The accident happened recently at the intersection of LeJeune Road and Majorca Avenue, only a mile away from an accident in July that involved a Coral Springs police officer that happened at LeJeune Road and Aledo Avenue.

Fort Lauderdale DUI defense lawyers have represented many defendants charged with DUI manslaughter and many of the principles involved in DUI cases. This includes examining the results of breath or blood testing, and scrutinizing not only police witnesses and their report but also other eyewitnesses as well.

But because DUI manslaughter cases have such high penalties -- possibly up to 15 years in prison and a minimum of four years behind bars if convicted -- more must be done. In most DUI manslaughter cases in Fort Lauderdale, experts, including scene reconstructionists, will be hired to re-create the scene to show jurors that police calculations and assumptions may be wrong.

When so much is on the line, more must be done in order to ensure the defendant gets a fair trial.

In this case, the student was driving her vehicle at the intersection of LeJeune Road and Majorca Avenue at approximately 4:30 a.m. Police say he slammed into a vehicle driven by a 68-year-old woman, who was killed instantly.

At first, the teen was charged with vehicular homicide while police awaited blood test results to come back from the lab. They since added a DUI manslaughter charge, as well as a third-degree felony charge of possessing a false driver's license.

Police allege she used fake IDs to get into Miami Beach's LIV nightclub that night. Toxicology reports showed that her blood-alcohol level was .231, nearly three times the state's .08 limit. The defendant is on house arrest pending trial. She has pleaded not guilty.

As with the Coral Springs officer who was recently arrested after being involved in an accident on LeJeune Road, this defendant faces both DUI manslaughter and vehicular homicide charges. This is possible because prosecutors can rely on the theory that she was negligent or that she was under the influence of alcohol in causing the crash.

While she can't be sentenced for both, if convicted of both, she will likely face the DUI manslaughter charge at sentencing because it is considered more serious. DUI manslaughter requires a mandatory four-year sentence, while there is no minimum mandatory term for vehicular homicide.

These charges are extremely serious and perhaps even more so when a young person's freedom is on the line. DUI-related cases are highly emotional and it's likely the family of the victim will attend hearings and could play a big role in how the prosecution handles the case and how the judge proceeds.

It is critical that all the facts come out and that facts, not emotion, are the decision-making reasons in a case like this. With freedom on the line and a future in the balance, a fair trial is essential.

Continue reading "University of Miami Student, 19, Charged With DUI Manslaughter" »

Miami-Dade officials are moving closer and closer to implementing a red-light camera program despite concerns that not only could it add more cases to an already overcrowded judicial system, but also cause more accidents.

The Miami Herald reports that the city is considering a red light camera system even though the son of Mayor Carlos Gimenez is a lobbyist for American Traffic Solutions, the company that handles most red light camera programs in South Florida.

Red light traffic cameras have come under fire in recent years as there has been a large-scale debate about whether they are effective. Supporters, like police departments, say they are beneficial because they cause drivers to think twice before plowing through an intersection for fear they will have their license plate photo taken and receive a ticket in the mail.

Opponents say that very scenario could cause more accidents because people who would normally go through a yellow light might slam on their brakes, causing more accidents and possible injuries. There is also a growing concern that these big-brother tactics are solely a means for cash-strapped cities to make a buck under the guise that it will keep streets safer.

Traffic tickets in Fort Lauderdale seem like no big deal. A few tickets are issued, people pay the fines and don't think twice. But if these tickets linger, they can be turned into a warrant for an arrest. The more tickets a person receives, the closer he or she can come to losing their driver's license. This can lead to a misdemeanor or a felony charge of becoming a habitual traffic offender.

Fort Lauderdale traffic ticket lawyers have seen many otherwise law-abiding citizens get wrapped up in traffic ticket problems, which can just be frustrating as they hike insurance rates and cause problems with a person's license.

Yet Miami-Dade officials are continuing to look at bringing these cameras to intersections countywide. The Herald reports that the mayor's son will not work on any county programs, and the mayor said he will delegate the issue to others as to avoid any appearance of a conflict of interest.

Florida cities and counties have begun using red light cameras more and more in recent years, despite lawsuits challenging the constitutionality of the programs. Nearly 30 cities in Broward and Miami-Dade counties use red light cameras.

The fines can run as high as $158 for a red-light runner. If the person doesn't pay, it can spike to $273, plus points that go against a person's license, the newspaper reports.

That can lead to serious cash for cities, but also major headaches and bills for drivers. But some cities, such as Hialeah and North Miami Beach, implemented the programs only to quash them after deciding the headache of running the cameras wasn't worth the hassle.

Let's hope more South Florida cities take note of the potential problems and don't just look at these programs as an instant money-maker. If people are being put at risk for injury as well as financial hits, it could hurt the cities in the long run just to make a few quick bucks.

Continue reading "Red Light Cameras in Fort Lauderdale Could Cause Traffic Ticket Nightmares" »