Broward DUI Lawyer Blog

A Fort Lauderdale man was arrested in connection with a brutal beating of a man that was caught on tape, local news media is reporting.

Being charged with robbery and battery in Fort Lauderdale is a major crime. Almost certainly, it is charged as a major felony, which can lead to serious prison time. As our Fort Lauderdale criminal defense lawyers well know, these charges must be fought aggressively.

Often, these cases involve people who know each other, and sometimes a self-defense strategy can pay off, but it depends on the case. Battery, depending on how badly a person is injured, can be charged either as a misdemeanor or felony.

According to Florida Statutes 784.03, a person who intentionally strikes someone can be charged with a misdemeanor. But if they have a prior battery conviction and is accused of a subsequent battery, they can face a third-degree felony, punishable by up to five years in prison.

The law also states that if someone attacks another person either with a deadly weapon or severely injures another person in an attack, the suspect can be charged with aggravated battery. That is a second-degree felony punishable by up to 15 years behind bars. As you can see, the charges can escalate rather quickly.

According to NBC Miami, a 27-year-old man was arrested and charged with robbery and battery in connection with a Nov. 4 attack in the parking lot of the Villas of Lakeview apartment complex in Fort Lauderdale.

The Lakeview homeowners' association president was the victim. He supposedly was trying to break up a noise disturbance at the units when he was attacked. Surveillance video showed the man standing next to his bicycle and talking on his cell phone before a person runs up and sucker punches him in the side of his head.

When the man tried to get up, he was punched twice and then kicked in the head, the video shows. The man's iPhone was stolen.

Police told the Sun Sentinel that officers used tips from the public as well as officers working leads to find the suspect. The 27-year-old now faces charges of battery and strong-arm robbery, both felonies.

At a court hearing, the man was initially held without bond because his arrest came as he was out on bond for marijuana possession charges. NBC reported that he later was ordered held on bond of $26,500.

The 61-year-old victim refused medical treatment once authorities arrived. The man has been the homeowners' association president for three years and has lived in Florida for six years.

Neither news source lays out why police believe they have evidence linking this man to the attack. It's unclear how detailed or clear the video is and whether or not the stolen phone was recovered in the man's possession or ever connected to him after the attack. Because the man was attacked without notice and then hit several other times, it's unclear if he would be able to identify the suspect. The police seem to have their work cut out for them in this case.

Continue reading "Man Charged in Connection with Beating Fort Lauderdale HOA President" »

A recent case out of Georgia shows that overzealous police work can sometimes lead to a bad arrest. It's a situation that can happen anywhere, including Fort Lauderdale and other South Florida locations.

Our Fort Lauderdale criminal defense lawyers understand that police officers have a lot of pressure on them to solve crimes and catch the bad guys. This pressure comes from superiors, the victims, the news media and the public. Not only that, but they want their community to be safe like anyone else.

But, sometimes they go too far. They break rules, bend laws and violate people's rights. And that cannot be tolerated in a free society. In Boykins v. State, an officer had no right to search a person's car, but did so anyway and the Georgia Supreme Court called him on it.

According to court records, the man went to trial before a judge and without a jury and was found guilty of possession of cocaine. He was sentenced to four years in prison. On appeal, he argued that the evidence of cocaine in his vehicle should have been suppressed by the judge, though it wasn't. The man argued his Fourth Amendment rights were violated.

Court documents reveal that a police officer was patrolling a high-crime area and saw a man pull up to a woman walking down the street. Suspecting the man was attempting to pay for sex, the officer pulled around and the man drove off. The officer asked the woman if she knew the man, which she didn't.

The officer followed the man to a nearby apartment complex and pulled him over after he parked his car. The officer asked for identification, which the man said was in his apartment. He gave him his name and date of birth, which revealed an active warrant for his arrest.

After the officer asked the man to step out of his car, he handcuffed him and handed him over to a second police officer who had responded as backup. The first officer then searched the man's car and found cocaine in the center console.

During a hearing to suppress the cocaine evidence, the state only offered the officer, who recounted the story that way. An appeals court ruled that the officer had no reason to search the car. There are exceptions when an officer can search a vehicle without a warrant, but those are typically when a suspect is within reach of possibly being able to get his or her hands on something in a vehicle, such as a weapon.

In this case, the court ruled, the officer had no reason to search the vehicle. What was in the car had nothing to do with the alleged prostitution, which wasn't charged, nor with the man's outstanding warrant for a probation violation. The conviction was reversed.

Skilled and experienced Fort Lauderdale criminal defense lawyers are able to spot problems like these when officers overstep their bounds. This can lead to all evidence against a defendant being held out of trial, no matter what it is.

Continue reading "Overzealous Police Work Could Happen in Any Case, Including Fort Lauderdale Drug Cases" »

A Maryland case highlights the need for an experienced attorney to be at the defendant's side, especially when the case is a serious one. If something like this happens to someone in South Florida, the person should probably consider consulting with a Fort Lauderdale criminal defense lawyer.

In this situation the charge is murder, but what happened applies to a defendant facing any charge, including battery in Fort Lauderdale or drug charges in West Palm Beach. The criminal justice system is based on checks and balances. The defense lawyer is there to represent the suspect and keep the state accountable and ensure a fair trial. The judge is supposed to keep both sides in check and ensure they follow the rules.

But the system doesn't stop there. There are appeals courts and both state and federal supreme courts, all of which can look at the facts and make sure the defendant received a fair trial. If not, a new trial can be ordered, the defendant can get the charges dropped if the errors were egregious, and judges and prosecutors can be ordered removed.

In State v. Allen, a man was charged with murder in Maryland and had his rights violated not only in one trial, but also in a second.

According to court documents, Jeffrey Allen was at his friend John Butler's house one night in October 2001. Allen asked Butler to drive him home, but Butler refused. Allen then grabbed his friend's car keys, dangled them in front of the man and told him he'd just drive himself home.

That caused a fight and during the fight, Allen stabbed Butler with a kitchen knife, took the car and drove off. He later crashed the car and was arrested by police. A grand jury indicted him on charges of first-degree premeditated murder, first-degree felony murder, second-degree murder, armed robbery and a list of other less serious crimes.

During his first trial, a judge caused an irreparable problem when he told jurors that to convict him of first-degree murder, they could find that he intended to commit an armed robbery either before, during or after the murder. On appeal, a court ruled that an "afterthought" of robbery can't be used to convict someone of felony murder and they awarded a new trial on that charge only, upholding the convictions on the second-degree murder, armed robbery and other charges.

During the second trial, the jury was told the only charge they had to determine was whether the man was guilty of first-degree murder. During jury selection and again once the jury was set to deliberate, the judge -- despite objections from both sides -- told them the man had previously been convicted of the robbery.

In Florida, to prove felony murder, the state must show a person killed another while they were committing another felony, such as robbery, burglary or a sex crime. By telling jurors the man had been found guilty of the robbery, the judge did their job for them, finding one half of the allegation already true. They quickly convicted.

On a second appeal, a court struck down that conviction and ordered a third trial. It's unclear if the state has decided whether to continue down this path again. And while this is a murder case, judges make major mistakes in all types of cases. And while sometimes those mistakes can't be reconciled immediately, an appeal can sometimes help.

Continue reading "State v. Allen Shows Every Defendant Requires Skilled Defense Attorney" »

A recent case out of Georgia shows that people charged with even basic crimes, including a Broward County drug case, can face major consequences.

Such was the case in Moncrieffe v. Holder Jr., where a man who was a legal citizen for nearly three decades was ordered deported because of an arrest and conviction.

Our experienced Fort Lauderdale criminal defense lawyers understand that not only is freedom on the line for a person charged with a crime, but tangential factors could be on a person's mind and factor into their decision about whether to go to trial or consider accepting a plea from the state.

A drug charge in Fort Lauderdale can increase in severity depending on several factors. In these cases, the type of drug is perhaps the first thing a prosecutor will consider when determining what charges to file. In Florida, charges are broken down by schedule, or type of drug. Depending on how the drug is classified, a person could be charged with a misdemeanor or varying degrees of a felony.

The amount or weight of the drugs in question also comes into play. Florida Statutes allow for increased penalties and differing charges if a person is considered to possess or possess with intent to distribute an illegal substance and that hinges on the weight or amount of the drug. Trafficking occurs when major hauls of drugs are seized.

Also, the location of the person when he or she is arrested is important. If near a school or church -- typically within 1,000 feet -- an additional charge can be filed. If there is equipment police consider paraphernalia, that can lead to even more charges.

In most cases, a person facing drug charges is looking at possible prison time and, by some estimates, about 30 percent of people in Florida's prisons are there because of drug-related crimes. This shows that the government's "War on Drugs" is still alive and well, even some decades after it began.

In the Moncrieffe case, the man had entered the United States in 1984 at age 3 from Jamaica. He was a legal permanent resident. But in 2008, in Georgia, he entered a guilty plea to a charge of possession of marijuana with intent to distribute. He was placed on probation for five years.

That alerted immigration officials. who said that he was removable under federal immigration law because they deemed him "an aggravated felon" for being convicted of a "drug trafficking crime."

Officials argued that the charge he entered a plea to was essentially a federal felony under federal law and therefore he was removable. He appealed, arguing that the Georgia crime shouldn't be considered an aggravated felony, stating that the charge he pleaded to is equivalent to a misdemeanor under federal law. His charging document in Georgia didn't state how much marijuana he possessed at the time of his arrest.

The Board of Immigration Appeal wasn't swayed, but the man appealed to the U.S. Court of Appeals for the Fifth Circuit. The appeals court conceded that appellate courts throughout different regions of the country view similar situations differently. In some circuits, minor drug convictions can be considered felonies, while in other circuits, judges presume that only a small amount of marijuana is involved and therefore the person shouldn't be considered a felon under federal immigration laws.

This court ruled against the man, however and agreed that he should be deported. It's unclear if he has taken his case to a higher court on appeal, but it's obvious that even a minor drug case can have long-lasting effects. These are all factors a Fort Lauderdale criminal defense lawyer should consider when defending a person charged with a drug case.

Continue reading "Moncrieffe v. Holder Jr. Shows Impact of Deportation; Could Happen in Broward Country Drug Cases" »

Former professional basketball player Kenny Anderson was charged recently by Broward County authorities with causing an accident, driving under the influence and leaving the scene of an accident, United Press International reports.

Regardless of the person's stature, they can end up facing a DUI charge in Fort Lauderdale. That's because any person can have one too many drinks that affect his or her ability to operate a vehicle, even if they don't realize it.

And even a person with no prior criminal history record and no past of drinking and driving can face major penalties:

• Up to six months in jail


• Up to one year on probation, combined with jail time


• Fine of up to $1,000


• Court costs


• 180-day driver's license suspension


• 50 hours community service


• DUI school enrollment and completion


• Possible ignition interlock device plus monthly costs

When a person is arrested for DUI, they automatically lose their driver's license. But a person has 10 days to request a hearing to review whether their license can be legally taken away. A skilled lawyer can present evidence in a hearing completely separate from the criminal case to convince a hearing officer to reinstate a person's driver's license.

These cases are unique and mainly deal with the procedures used by the officer who made the arrest. It is possible to have your driver's license reinstated while you await trial on the criminal charges. If that fails, a judge may be swayed to give you a hardship license so that you can continue to work or go to school.

According to the news article, Kenny Anderson, a former point guard who played for the New Jersey Nets and eight other teams in a 10-year career, was arrested. He is currently a high school basketball coach in Florida.

Officers say he walked away after hitting two trees with his Cadillac Escalade. Police have yet to charge him with DUI, the article states, though they said he had "clearly" been drinking when he was tracked down at his house. He allegedly admitted to being at a bar before the crash.

Anderson told officers a tire blew out on his car, which caused the accident. Officers noted that all four tires on the vehicle were blown out and the rims were bent. This may be a tough case to prove without witnesses. Simply going to a bar and having a few drinks is legal and although the news article implies he was drunk, police may have little proof.

Vehicle malfunctions happen every day, especially in sport utility vehicles. He may be able to avoid a DUI charge based on a lack of evidence.

Continue reading "Former NBA Guard Charged With Fort Lauderdale DUI, Leaving Scene" »

Our West Palm Beach DUI defense lawyers have been following the case of a former West Palm Beach fire captain for months.

As we previously reported on our Broward DUI Lawyer Blog in June and before that in May, he was charged with DUI in January 2010. He alleged in defense of the case that he was arrested solely because he was in the midst of suing the department for racial discrimination.

This case shows that being charged with a West Palm Beach DUI -- even a first offense -- can be devastating to a person's career. There's a reason this man is going to such great lengths to fight the charge.

The man was convicted of DUI, but the speeding charge was later dropped. He was sentenced to 12 months on probation, 50 hours of community service, $951 in court costs and he was ordered to attend DUI school and not consume drugs or alcohol while on probation.

He then requested a new trial, alleging that the judge who presided over the case was engaged in an "intimate relationship" with the fire lieutenant who is his adversary. The defendant said that he was in a "contentious relationship" with the co-worker before he was fired following his conviction.

The latest news, according to The Palm Beach Post, is that the fire captain got a re-trial and was acquitted, nearly two years after his arrest. He is now seeking reinstatement with the fire department, whose officials fired him after he was convicted.

The retrial was ordered in June. It was granted and after a new trial, the man has filed an injunction to have him put back to work. Fire officials sent him a letter a week after his DUI conviction, telling him that he was terminated.

City officials are now saying that he was terminated based on a "number of factors" that included, but weren't limited to, the DUI conviction. In August 2010, the county Office of Equal Opportunity found that he was a victim of discrimination. Fire officials ignored the county's order to reinstate him as a battalion chief or assistant chief and pay him $56,506 in lost wages and $24,000 in attorneys fees.

Instead, they have decided to fight the case, which prompted a visit from the U.S. Department of Justice. It's good to see that justice has been done in this situation. The man was convicted, wrongly because of a conflict of interest with the judge and now must fight the city to go back to work.

Fighting a conviction or fighting the arrest and seeking an acquittal is designed not only to help a person avoid the sanctions from the criminal justice system, but to try to repair a damaged reputation. If a person is fired for being arrested, an acquittal or a plea to a less serious charge can be an avenue to getting their job back.

While DUI is typically charged as a misdemeanor, it has a stigma unlike other charges classified the same way. That's why it is critical to hire a West Palm Beach DUI attorney who has the skills and experience to help a client through this difficult time.

Continue reading "Ex-West Palm Beach Firefighter Continues Fighting DUI Charge" »

Rapper Flo Rida, who was charged with DUI in June on Miami Beach while driving his 2008 Bugatti sports car, recently entered into a deal with prosecutors to avoid jail time, The Sun Sentinel reports.

As our Broward DUI Lawyer Blog reported at the time, his Bugatti Veyron sports car is valued at over $1.7 million. The rapper's real name is Tramar Dillard.

Whether you're a celebrity or just an everyday person, being charged with DUI in Fort Lauderdale is a major issue. And while some people believe that DUI is a minor crime and one that's "no big deal," it can lead to years of troubles.

Our Fort Lauderdale DUI defense lawyers would point to the situation of actress Lindsay Lohan. She has been in and out of courtrooms, jail and on house arrest for much of the last four years. A t the root of the matter was a 2007 DUI charge. She was placed on probation and has been re-arrested several times and violated the terms of her probation as a result.

And while being charged with DUI can open up a person to a possible jail term even for a first offense, being placed on probation is no easy task. Violating the terms of probation, even if the person has served several months or years without problems, can still lead to jail time. It's a serious sanction.

In Flo Rida's situation, police reported at the time that after they pulled over the expensive sports car and found him to have bloodshot eyes and slurred speech once they began talking with him. It's unclear what caused police to pull him over in the first place, however.

News reports at the time stated that he told police he had a "few drinks" that night. Police reported that he couldn't walk a straight line after being asked to perform field sobriety tests. Police reported that he failed a breath test after the machine spit out a reading of a .185 blood alcohol level, which is more than twice the legal limit of .08.

He was charged with DUI and driving with a suspended license. According to the Sun Sentinel, he was able to enroll in the "Back On Track" program, which is designed to aid first-time offenders. He will have to perform community service and enroll in classes, pay fines and fees and court costs.

Once the program is completed, the DUI charge will be amended to the less serious reckless driving and adjudication will be withheld, meaning it won't show up on a criminal history report. No points will be added to his driver's license and he will be eligible for the arrest and criminal records to be sealed.

Certainly, any way to keep a DUI charge off a person's criminal history record is a victory. An aggressive Fort Lauderdale DUI defense lawyer will look to find programs or opportunities where the charges can be decreased and the defendant can walk away with a clean criminal history record.

Continue reading "Rapper Flo Rida Avoids Jail Time for June Fort Lauderdale DUI Arrest" »

A few days after the Thanksgiving weekend, the Sun Sentinel reports a 22-year-old woman, the daughter of two Broward County judges, was charged with DUI in Fort Lauderdale.

This story shows that DUI is a charge that does not discriminate and can happen to anyone. Even in cases where a person has no intention to commit the crime, they can be charged, arrested and booked into jail.

While statistics have shown a sharp decrease in the number of Americans charged with DUI in the last few decades, our Fort Lauderdale DUI defense lawyers also understand that police continue to step up their patrols.

On our blog, we have reported about police officers, celebrities and firefighters who have been charged with this crime. Even people who are paid to uphold the law and understand the ins and outs of Florida Statutes have been charged and convicted.

It is the most commonly filed charge in the United States because it is so easy to commit. And lawmakers have attempted to garner favor with voters by increasing penalties, even for first-time offenders.

In Florida, a person charged with DUI for the first time can face up to six months in jail, a fine of up to $1,000, probation of up to a year, combined with jail time, 50 hours community service, 180 days without a driver's license or up to a year, as well as having to complete DUI school and possibly having to install an ignition interlock device on the vehicle.

These are serious sanctions for a person who has made a mistake and if a person faces a DUI charge solely, it's likely he or she did no harm to anyone else. While there are programs designed for first-time offenders, they typically require an endorsement from a prosecutor and the mercy of a judge, which sometimes can be challenging.

These cases are never easy and given the penalties, a person can end up facing more sanctions than if they planned out a theft. But those are the laws on the books, so we must abide by them.

In this case, according to the newspaper report, the 22-year-old was found passed out behind the wheel of a vehicle in a parking lot, Plantation police reported. She allegedly told the arresting officer, "I'm drunk."

Witnesses told police she had been driving the wrong way in the parking lot and was lying in the grass when a woman picked her up and put her in the passenger seat. Police report she then slid into the vehicle's driver's seat and backed into a parked truck.

Officers reported she had slurred speech and bloodshot eyes. Authorities transported her to a local hospital and she was later released on bond. She faces three misdemeanor DUI counts and a traffic infraction, the newspaper reports.

Continue reading "Broward Judges' Daughter Faces DUI Charge After Arrest" »

Parents often tell their children "Do as I say, not as I do," but we all know from experience that rarely works.

A recent article on TBD.com reports that a parent who is charged with DUI in Fort Lauderdale has a profound effect on how the child will drive once they get behind the wheel of a vehicle.

Our Fort Lauderdale DUI defense lawyers have said many times that being arrested for DUI can lead to major problems even before the case gets to trial. A person could lose his or her job, take a hit to their reputation, become embarrassed if the jail mug shot makes it to the news media and certainly family stress is part of the equation.

An arrest brings great uncertainty, so the one thing a driver should be certain about is fighting a DUI charge. While a person's child might not understand the complexities of the criminal justice system, showing them that you may not have been treated fairly, or maybe there were some mistakes by law enforcement, can go a long way toward repairing your image.

Most adults understand that an acquittal or dropped charges vindicates the accused. This can help repair the suspect's image and help him or her work toward improving their future.

The TBD article cites a study from the Substance Abuse and Mental Health Services Administration, which suggests a link between the habits of parents who drink and drive and their teenage children.

The study looked at data from 2000 to 2009 and was based on a survey of 67,000 people. The research found that 11.5 percent of all 16 to 17-year-olds have driven under the influence in the last year. Measured out, that's more than 900,000 teens. The Centers for Disease Control and Prevention found that 11,000 people died in DUI crashes last year.

Researchers found, however, a distinct connection between adults who drink and drive and their teenage children. Of those 16 or 17, 18.3 percent with a mother who drove under the influence of drugs or alcohol also did so. That's compared to 10.9 percent who lived with a mother who hadn't.

For fathers, 21.4 percent of those who live with a dad who drinks and drives repeated those actions, compared to 8.4 percent of those who live with a father who didn't drive under the influence of drugs or alcohol.

It appears fathers are the biggest influence on children, as they are also the biggest culprit of the crime, statistics suggest. The CDC reported earlier this year that nearly 80 percent of drunk-driving incidents involve men.

Obviously, not drinking and driving is the best course of action. But if you are arrested, it is important to instill in your children that our justice system presumes everyone innocent until proven guilty. So, be prepared to fight the charges to clear your name.

Continue reading "DUI in Fort Lauderdale Can Influence a Teenager's Driving Habits" »

The Washington Post recently reported that females arrested for drinking and driving is up 36 percent during the last decade.

Studies have shown that drunken driving is down from the last several decades, yet police find statistics that show DUI in Fort Lauderdale is a major issue, giving them further fuel to continue holding DUI checkpoints and other operations throughout the year.

Our Fort Lauderdale DUI defense lawyers believe that DUI is one of the most-charged crimes in the nation. But there are many instances where breath test machines don't work, overzealous rookie police officers who make DUI arrests without enough proof, and other procedural errors that lead to dropped charges.

And while an arrest is not a conviction, sometimes the damage is done simply becasue of the arrest itself. Having a jail mug shot posted online, in newspaper website photo galleries, and friends and neighbors knowing you have been arrested can lead to job loss, family issues and a big hit in reputation.

The only way to repair this damage is by fighting the charge. The state must have proof beyond all reasonable doubt to secure a conviction, though police officers only must have what's called probable cause. That's essentially a reasonable suspicion that the suspect is guilty.

In DUI cases, that can mean the person was swerving and after a traffic stop "appeared intoxicated." In most cases, the officer will take further steps to prove the crime, including asking the driver to take field sobriety tests or blow into a breath machine. Those both have defenses, too.

Many breath test machines aren't properly manufactured or calibrated, which can lead to poor results. And sometimes, physical conditions, the weather and other circumstances can cause a person to fail a field sobriety test despite an officer's observations.

But according to The Washington Post, research has shown that women are drinking and driving in increased numbers in recent years. The report is based on a study by the Traffic Injury Research Foundation.

The story goes on to talk about a supposed increase in moms drinking while caring for their children. The study was put together after a 2009 crash in New York that made national headlines that involved a mother who was high and drunk. She crossed a highway and struck a car, killing her, her daughter, three nieces and three men in the other vehicle.

The Post article surmises that moms should be more cautious about taking the kids over to a friend's house and having a few glasses of wine. The study found that female drivers who drink are more educated and older than their male counterparts.

Whatever the statistics or studies say, keep in mind that DUI in Fort Lauderdale is a serious crime and should be treated that way by the driver. Fight for your rights.

Continue reading "Female Drunken Driving Up 36 Percent; Broward, Palm Beach Police Stay Vigilant" »

The Florida Supreme Court recently heard arguments about why the state's drug law should be struck down, but lawmakers have vowed to continue making changes to the law, The Associated Press reports.

A decision by the state's high court could end up freeing hundreds or even thousands of prison inmates convicted of drug charges in West Palm Beach and elsewhere throughout the state. The 2002 drug law eliminated the requirement that people charged with a crime must know that a substance they possessed, created or sold was an illegal drug. A Manatee County judge struck down the law as a violation of due process rights and appeals courts have been grappling with the issue.

Our West Palm Beach criminal defense attorneys recognize this issue is important. Drug crimes in Florida are the reason many people are locked up in our overcrowded prisons today. Being charged with a drug crime can subject a person to major prison time, if they are convicted. Probation, fines, fees and other sanctions are also a possibility.

Two South Florida Republican lawmakers are seeking passage of two bills that would restore the element of proof at least in drug trafficking cases. Both say they will push their legislation forward, even as Florida Supreme Court justices take up the issue.

The Manatee County judge's decision resulting in charges being dropped against more than 40 defendants was akin to an earlier ruling by a federal judge, and that decision is also being appealed. The Associated Press speculates that if Florida's high court and a federal appeals court in Atlanta disagree, the issue could make its way to the U.S. Supreme Court.

In a recent hearing on the issue, justices did most of the talking, allowing lawyers little time to make their points. One justice questioned a public defender on whether people who are charged with these crimes actually know that the drugs they have are illicit.

The lawyer argued that the law still has the ability to turn an innocent person into a criminal. If a person steps on white powder and doesn't know if its cocaine or just a normal substance, they could end up facing a drug charge. A person could obtain a pill made mostly of legal drugs, but it could include a controlled substance.

And forcing people to prove they didn't know the drug they are charged with handling was illegal turns "upside down the presumption of innocence" and forces people to testify and not remain silent. Every defendant has a right not to speak and that can't be used against them, according to their constitutional rights.

This is a critical issue for Floridians and it is one that our West Palm Beach criminal defense lawyers will be following closely. The rights of the accused are critically important and should be upheld at every juncture. Forcing a person to prove their innocence goes against the state's burden to prove the crime beyond all reasonable doubt.

Continue reading "Lawmakers Vow to Push For West Palm Beach Drug Law Change" »

Attorneys in Naples recently went to court over Florida's DUI law, with lawyers arguing that the law is unconstitutional and state prosecutors arguing in opposition, The News-Press reports.

A judge ruled the law is constitutional, despite argument that the law should be disregarded because DUI defendants and their lawyers don't have access to how breath-test machines work. This issue has been debated for years now and DUI defense lawyers in Fort Lauderdale and elsewhere have been gaining ground.

In Florida, law enforcement officers use only one type of breath testing machine -- the Intoxilyzer 8000. And as our lawyers have pointed out many times, these machines have flaws, either in manufacturing or in whether police officers keep them in good working condition. Therefore, some people charged with DUI in Fort Lauderdale may have been at a disadvantage in their court cases, which is a violation of rights.

In several of Florida's west coast communities, prosecutors have dropped more than 100 DUI charges because the machines simply weren't working correctly. In measuring lung capacity, the machines reported drivers blew more air into the machines than humanly possible. Yet, Florida law enforcement has stood behind the machines.

But DUI defense lawyers throughout the state have made some progress in recent years. In arguing the machines make for unconstitutional cases against drivers, judges have begun granted them access to the code and inner workings of the breathalyzers.

This is important because in all criminal cases, a defendant has a right to have access to all information that the state intends to use against him or her. In a murder case, a defendant can see what steps were taken to test ballistics of a gun or DNA found at the scene, for instance. He or she can question the examiners, see reports and discover how the testing was done.

Each defendant has the right to this access. But that hasn't been so in DUI cases in Fort Lauderdale and throughout the state. Defendants for years haven't known what goes into making these breath testing machines that are so popular and that are used in virtually every DUI case.

If the state statute requires the prosecutor to prove beyond all reasonable doubt that a person was driving a vehicle under the influence and his or her blood-alcohol level was 0.08 or higher, it can be tough to prove without a breath test result.

That's why this has become such a heated topic. The Kentucky-based manufacturer of the Intoxilyzer has been slow to comply with judges' orders to turn over how the machines work for fear that they will end up in competitors' hands and their trade secrets could hit the public view.

In the case out of Naples, the judge ordered that this defendant's attorney alone could gain access to the inner-workings of the machines, but he is banned from sharing it with others. The judge ordered the company to turn over the information.

This, eventually, will lead to every attorney in the state who represents DUI defendants asking for this order and the information about how this machine works will be common knowledge before long. Other judges have created similar orders.

And while the law hasn't been ruled unconstitutional, the rights of DUI defendants in Florida are slowly being restored. This is good news.

Continue reading "Constitutionality of DUI Law in Fort Lauderdale Upheld After Court Challenge " »