Broward DUI Lawyer Blog

While most prosecutors respect what defense attorneys do and vice versa, it's odd for them to switch to the other side of the aisle, so to speak.

Yet, that is what's happening in Orlando. Jeff Ashton, the now famous prosecutor who handled the Casey Anthony homicide case, has decided to represent his son, who is facing a charge of DUI in Seminole County, the Orlando Sentinel is reporting.

This is an odd situation, but an admirable one for the prosecutor, who told the news media that he wasn't embarrassed to represent his son, saying that everyone deserves a fair trial and sound legal representation. Fort Lauderdale DUI defense attorneys couldn't agree more.

Anyone who faces a charge of DUI in Fort Lauderdale should be well represented. While this charge is most commonly filed as a misdemeanor, it can be upgraded to a felony, depending on the circumstances.

But even as a misdemeanor, it is a serious charge. Florida politicians have written the law in a way that imposes strict penalties, including jail time, probation, educational courses, driver's license revocation, DUI school, possible ignition interlock device and other sanctions. While DUI is typically a misdemeanor, the country's most commonly filed charge is punished more heavily than other charges.

And this is why the prosecutor here is willing to use his experience to help his son. The 21-year-old was charged by deputies in October with DUI. According to the newspaper report, the defendant blew into a breath machine and recorded a 0.174 blood alcohol level.

But his father successfully argued that the machine used to record that blood-alcohol level was unreliable. Prosecutors recently agreed not to introduce that evidence.

DUI defense lawyers have been fighting breathalyzer machines for years in Florida courts. These machines have been shown to output bad results and in some cases impossible results. Many judges have tossed out breathalyzer machine results and some prosecutors have decided not to use them. Meanwhile, the Florida Department of Law Enforcement still insists on arguing such results are reliable.

In this case, the state will only rely on one witness -- the arresting officer -- who will likely testify about field sobriety tests administered on the date in question. The defendant allegedly lost his balance during a roadside test, couldn't touch his nose and couldn't recite a specific version of the alphabet.

The driver allegedly was on his way home after having had two beers following work at a pizza restaurant. He allegedly told the officer that he hadn't "had that much to drink."

In a case like this, jurors must be warned not to give more credibility to the police officer than to other witnesses. All witnesses should be examined and scrutinized by jurors and simply wearing a badge shouldn't automatically give them more credibility. Remember, every defendant is innocent until proven guilty. This is the way our criminal justice system is designed and every suspect should have that benefit.

And reciting the alphabet is not a nationally recognized and acceptable field sobriety test.

Continue reading "Casey Anthony Prosecutor Defending Son Against DUI Charge" »

A 29-year-old man who is a registered sex offender was recently arrested and charged in connection with a Fort Lauderdale robbery, the Sun Sentinel is reporting.

Robbery in Florida, according to Florida Statutes 812.13, is taking money or property from another person. The law allows for the penalties to increase if weapons are used or a person is injured.

Fort Lauderdale criminal defense attorneys defend many of these cases and recognize that the charges can lead to major prison terms. At the same time, the prosecution often doesn't have the right amount of evidence to prove these charges beyond all reasonable doubt.

In this case, a 29-year-old was arrested and charged with strong-arm robbery. Deputies say that the man attacked a woman one recent weekday night a few blocks from her house. The man allegedly tried to start a conversation with the victim, but she told him she didn't know him very well.

The woman began walking away, but the suspect allegedly put her into a chokehold and then bit her cheek. The woman then dropped $150 in cash and the man allegedly picked it up and ran away.

She called police to report the incident. When authorities arrived, they found that the woman was fine and that the bite mark wasn't visible. The suspect was later arrested and charged with strong-arm robbery as well as a charge of failure to comply with sex offender registry requirements.

According to the Florida Department of Law Enforcement, the defendant was convicted in 2002 of lewd and lascivious assault on a child under 16. He was sentenced to six years in prison and served about two.

In any robbery case, a defendant must be able to challenge eye-witness testimony. Often, that is the key to the state's case. But, many times, the witness doesn't get a good look at the suspect because they are frightened.

And while the victim and police desperately want there to be an arrest, it doesn't always happen. Filing charges of robbery against a person is a big step. If a defendant is convicted, they can face either a second-degree or first-degree felony. That means that at a minimum, they could be looking at 15 years in prison or up to 30 years behind bars.

If a person uses a weapon or injures a victim in the commission of the robbery, they can face more severe penalties as well. But prosecutors must be able to prove that the person committed the crime, making the recovery of property that much more important.

If a witness can't conclusively identify a robber by sight and police aren't able to recover or prove the suspect had the stolen property at one point, they may have an uphill battle. But sometimes the state's argument can work on jurors, which is why an experienced Fort Lauderdale criminal defense lawyer should be hired.

These are serious charges and when a person's liberty is at stake, every effort must be made to ensure they get a fair trial. The state has many resources and will use those to try to get a conviction. A defendant is entitled to equally sound legal representation.

Continue reading "Sex Offender Charged in Fort Lauderdale Robbery Case" »

A Venice man now faces a third offense DUI after being charged in connection with a crash in which a motorcyclist was injured and hospitalized, My Fox Tampa Bay is reporting.

Facing a multiple DUI charge in Fort Lauderdale can be a daunting situation for a defendant. Even if the charges are years or decades apart, prosecutors may attempt to use these past convictions to try to increase the possible penalties a person can face.

Fort Lauderdale DUI defense lawyers recognize that this can be tough for prosecutors, but at the same time, the penalties make this proposition challenging. In Florida, the more DUI convictions a person has, the more severe the possible penalties:

• First conviction: Up to 6 months in jail, 50 hours community service, up to $1,000 in fines, DUI school, 180 days to one year driver's license revocation.


• Second conviction: Up to 9 months in jail, up to $2,000 in fines, no hardship license without exemption, five year driver's license revocation, ignition interlock device installed.


• Third conviction: If within 10 years, minimum mandatory 30 days and up to 12 months in jail, hardship license application only after two years, 10 year driver's license revocation, DUI supervision program, ignition interlock installed.

These are just some of the penalties that can be imposed, as judges may have discretion to add certain penalties in if they feel they are warranted. A hard-nosed judge may impose the maximum possible penalties against a defendant who has been convicted several times before.

But proving this isn't easy. Prosecutors may be able to use past convictions in different states, but getting that information could be challenging. Some states don't keep good records of old convictions and prosecutors must have certified copies that show a conviction in order to charge a person with multiple DUIs in Florida.

In the case out of Venice, on the state's west coast, a 54-year-old man was recently arrested and charged with DUI after a motorcyclist was sent to the hospital in critical condition. Florida Highway Patrol troopers report that the 38-year-old motorcyclist was heading southbound when he was hit by a pickup truck.

The driver of the truck told officers he turned because he had a green arrow to turn. The bike hit the right rear side of the truck.

The man has been arrested on charges of DUI in 1996 and 1998, but the article doesn't state whether he was convicted after those arrests. In Florida's justice system, an arrest isn't the same as a conviction. In order to charge someone with a multiple DUI offense, they must have proven previous convictions, not just arrests.

If a driver is facing a multiple-DUI charge in Fort Lauderdale or the surrounding area, they must have sound legal representation. In these cases not only must the current charge be fought, but so much prior convictions. It's a two-pronged effort in order to ensure the defendant has their legal rights upheld.

Continue reading "Facing a Third Offense DUI in Fort Lauderdale Can Be a Challenge" »

A Greenacres woman now faces felony charges after she was accused of stealing a $70,000 watch and other jewelry from the home of an auto dealer, The Palm Beach Post is reporting.

Charges of theft in West Palm Beach can range from minor allegations of shoplifting to more major crimes associated with burglary and robbery. The charges can range from misdemeanors to felonies, depending on the circumstances, what is stolen and whether any weapons may have been used.

West Palm Beach criminal defense attorneys have seen cases where defendants are mistaken by witnesses, or where there is no physical evidence found at the scene that links them. Yet, police will try to track down people based on sketchy evidence.

A with any type of criminal charge, it can lead to consequences beyond just what the criminal justice system can impose. A conviction can lead to a person losing their job or not being able to advance in their career field. It can cause embarrassment as well as conflict and stress inside a family.

An arrest can be difficult, but a conviction is worse, which is why fighting the charges is important. If a person is arrested but the charges are beaten, a person may be able to petition the court to expunge and seal their record at the courthouse. Certain charges can be held out of public view and removed from a person's record by the court.

In this case, a 26-year-old woman now faces charges of grand theft of $20,000 or more, dealing in stolen goods and false verification of ownership. Jail records stated that she was being held in a local jail on $1,300 bond.

Dealing in stolen property, according to Florida Statutes 812.019, is a second-degree felony, punishable by up to 15 years in prison. Grand theft, in Florida Statutes 812.014, can be filed as any type of felony, meaning the penalties range from five years to 30 years in prison or more.

According to the news report, the auto dealer said that he returned from an out-of-town trip to find the cleaning woman at his apartment. He said it was odd because she normally came by on Mondays, but it was a Tuesday. She told the man that she came that day because she was sick the previous day.

Two days later, the man said he noticed that several pieces of jewelry were missing. There was a black backpack in his master bedroom closet that contained the pieces. He told police that he and the woman are the only two who have a key to the apartment.

Police say video surveillance showed that the woman had gone to the apartment complex on both that Monday and Tuesday. The woman allegedly confessed to police. The woman said she sold three bracelets for $1,000. But she denied taking any watches.

If officers aren't able to prove the woman stole any watches, they may not be able to prove the grand theft charges. Grand theft is broken down by the value of the items stolen. Since the watch was the most expensive, if police can't find it, it could make the state's case difficult.

Continue reading "West Palm Beach Theft Charges Filed Against Cleaning Woman" »

The recent arrest of San Francisco 49ers' star rookie defensive end Aldon Smith on a charge of DUI shows that anyone can end up facing a charge of drunken driving.

DUI in Fort Lauderdale is a charge that can be filed most commonly as a misdemeanor and also sometimes as a felony, depending on the circumstances. Even as a misdemeanor, a DUI conviction carries major penalties, as well as a stigma in society. It can lead to problems at home and at work.

Therefore, an experienced Fort Lauderdale DUI defense lawyer should be hired to ensure that all pieces of evidence, witness statements, field sobriety testing and breathalyzer testing undergoes proper scrutiny.

Whether a football player, teacher, police officer or construction worker, any person can pick up this charge. Unlike other types of charges, such as burglary, drug dealing and battery, DUI is a type of charge that any person can be charged with. It is not a crime that requires premeditation or any type of sneaking, conspiring or planning.

DUI in Fort Lauderdale requires people having a good time, socializing and then driving away. In many cases, a person can be legally drunk but be a better driver than someone who is sober or who has had fewer drinks. Body type, resistance to the effects of alcohol and other factors play a part.

In this case, Smith was arrested in Miami, being booked into jail around 9:30 a.m. one recent morning. News reports didn't have additional information from Miami police about the arrest.

Smith was arrested in Miami Beach about a week after his rookie season in the NFL, where he had 14 regular season sacks, the second most for a rookie in the league's history, The San Francisco Chronicle reports. He is now subjected to a fine or suspension from the league if he is found to have violated the NFL's personal conduct policy.

While DUI arrests for football players is usually going to get more attention than an every day person, that doesn't mean they won't be subjected to media website mug shot photo galleries or other unwanted attention. This can be embarrassing and can lead to a person losing their job.

While some companies have sympathetic policies toward people who face an arrest, others do not. Each business is operated differently, but hopefully they will adhere to the innocent until proven guilty motto that our forefathers subscribed to. If this is the case, beating a conviction is going to help the defendant.

The article doesn't specify what evidence police believe they had to make a DUI arrest, but in most cases police use either a breath test or field sobriety tests to make this determination. However, breath testing in Florida has come under fire as unreliable in many cases. In the Sarasota area, prosecutors have been dropping cases because testing showed that the breath test machines authorized for Florida law enforcement to use are faulty.

Field sobriety testing can sometimes be challenged if the officer hasn't been properly trained or if outside factors, such as a person's imbalance issues or other physical attributes led to a failure in the officer's eyes. These cases aren't open and shut upon arrest. That doesn't happen until all the facts come out.

Continue reading "49ers' Star Rookie Charged With DUI in Miami, Shows Anyone Can Face Prosecution" »

A recent case out of Miami shows that the controversial "Stand Your Ground" law in Florida isn't applied to every case of murder. The Miami Herald reports that a Florida International University student recently attempted to use the law to dismiss a stabbing charge to no avail.

Self-defense is a common charge in many types of cases, including charges of assault or battery. When a person faces a charge of battery in West Palm Beach, it often is related to some type of fight. In many cases, the defendant is a juvenile. West Palm Beach criminal defense attorneys know that these kinds of cases can carry tough penalties and can lead to an unwanted criminal record.

When law enforcement officers arrive at a scene where there has been a fight, sometimes it can be difficult for them to determine who was the aggressor and who was the victim. In many situations, officers won't even try to make that distinction and will end up arresting both suspects.

Self-defense isn't always an applicable defense, but it should be something to take into consideration when dealing with violent crimes. The Stand Your Ground law was put into place five years ago as a way to protect people who were being attacked from being prosecuted.

Before this law was in place, Florida only had the Castle Doctrine, which held that people could defend themselves in their homes -- their castle. This meant that if intruders broke in, a person could use deadly force to protect their families.

What Stand Your Ground did was expand that protection to outside the home. This means that if a person has a reasonable fear that their life is in danger or they feel they need to protect themselves from imminent threat, they can use deadly force.

What this doesn't mean is that someone can shoot or stab another person simply for getting a dirty look. They must have a better idea than that -- such as another person making threats or showing a weapon.

In the Florida International University case, the defendant is charged with a stabbing from March 2010. He was attempting to have the charges dropped based on the law. He and the 22-year-old victim were involved in a brawl on campus. In making the ruling, the judge found that the defendant didn't show he reasonably believed his life was in danger when he stabbed the man.

But while the judge ruled against the man's pre-trial request to have the charges dropped, he will still be able to present this defense to a jury. They may be able to decide whether he acted in self-defense or not. The news article suggests that after being ganged up on by a group of football players, the man ran and got a pair of scissors and came back to fight, stabbing the victim in the heart.

Continue reading "Judge: 'Stand Your Ground' Law Not Applicable to FIU Stabbing Case" »

NBC Miami is reporting that authorities are looking for a man they say stole a watch from a security checkpoint at Fort Lauderdale-Hollywood International Airport.

Making the story a big headline is that the watch was a Rolex valued at nearly $6,500. These types of Fort Lauderdale theft cases can lead to serious charges if the person is apprehended.

A suspect facing these charges must seek an experienced Fort Lauderdale criminal defense attorney, who can ensure they get a fair trial, despite any pre-trial publicity.

In many of these theft cases, authorities rely on spotty video surveillance to bolster their case. Sometimes this video is grainy or taken from far away and not suitable for proper identification.

In other cases, the person simply made a mistake but realized that if they tried to correct the situation, they could end up facing serious criminal charges. Citizens know that the police aren't interested in hearing stories or excuses for crimes. Because authorities are likely to bring serious charges whenever they can, people are reluctant to approach them in situations like this.

According to the news report, a woman had placed her items in a bin in a security checkpoint January 18. She walked off to her gate and didn't realize her expensive watch was missing until she tried to check the time about 30 minutes later. When she told authorities, the watch was gone.

Video surveillance at the airport shows a man walking through a security checkpoint and putting his shoes and belt back on. In the bin in front of his is a watch by itself in the corner. After loading up his gatherings from several bins, including a laptop, the man grabs the watch.

Video taken just after he leaves the conveyor belt shows the man putting the rest of his belongings inside his backpack and walking off. No security guards at the checkpoint said anything to the man or attempted to stop him.

The news report states that police were able to follow him via video for a while, but don't know which flight he may have gotten on or who he is. Police began searching the terminal, but by the time they did, the man had left. Authorities are asking for the public's help in finding the alleged thief.

In a case like this, it's difficult to determine if the man simply took the watch by accident or if he intentionally attempted to commit a crime. Also, when property is found in public, it may be tough for the state to prove that the person has stolen it.

All of these issues must be brought up in defense of a client. Theft charges can range from shoplifting to burglary and robbery and can result in the potential of years behind bars. Therefore, a suspect should get a strong defense attorney who can analyze these issues from all sides.

Continue reading "Police Look For Man Who Allegedly Committed Fort Lauderdale Theft At Airport" »

A 51-year-old man was recently arrested and charged with running over his ex-girlfriend's head with the back tire of his truck in West Palm Beach, The Palm Beach Post is reporting.

This incident has led authorities to charge the man with attempted murder in West Palm Beach after witnesses allegedly identified him as the man who committed the crime. This is a felony charge that could be punishable by decades in prison or even up to life behind bars in certain situations.

West Palm Beach criminal defense lawyers recognize that this is a serious charge, but it's one that has specific elements that prosecutors must meet. There have been numerous news stories where a person faces this charge, only to have it later dropped or reduced by prosecutors because the facts simply don't support it.

According to Florida Statutes 782.051, a person who is convicted of attempted felony murder has committed a felony that doesn't kill another person, but either seriously injures or put them at risk of death.

There is a fine line between a charge like attempted murder and charges such as aggravated battery or aggravated assault. These are other violent crimes, but proving a person committed a felony that could result in a person's death is sometimes a tough sell for prosecutors.

In this case, according to the newspaper, the man is being charged with striking his ex-girlfriend with a vehicle. Police said the woman was found with a portion of her ear nearly torn off as a result of the assault.

The woman was rushed to the hospital, and was treated for bumps and bruises. Authorities are saying the incident started when the couple go into an argument outside the home.

Witnesses said the man allegedly beat and choked Baran after he accused her of stealing money from him. The man then allegedly emptied the woman's purse into his pickup truck.

At one point, the newspaper reports, the woman was clinging to a window as the man backed up the truck. Police report that the man then pushed the woman out of the truck and she fell to the ground into the path of one of the truck's back tires. Witnesses said the man purposely backed over the woman, as the truck bounced into the air after striking her.

What must be considered here is that no witness can get into a person's head and know what their intent is. Witnesses can't know what a person's motive was or what they intended to do or not.

Witnesses with too much to say and not enough facts to back them up can be ordered by the court to tone down their testimony or not talk about certain things before a jury.

Often, it's important for an experienced Fort Lauderdale criminal defense attorney to look closely into these witness statements and determine whether a witness' words need to be censored in court or if they're even relevant to the case. Sometimes, these people can do more damage than good and the goal of everyone should be a fair trial. When the charges are so severe, it's critical these steps are taken.

Continue reading "Lake Worth Man Charged with Attempted Murder For Allegedly Trying to Run Down Ex" »

A woman in Port St. Lucie recently told officers she couldn't perform field sobriety tests due to the size of her breasts, the Miami New Times is reporting.

Certainly an excuse like this is going to make headlines and bring some unwanted attention to a DUI case. But what must be remembered in a strange case like this is that there are legitimate reasons why people can't perform field sobriety tests after they are pulled over for DUI in Fort Lauderdale.

Whether reasons based on the person's physical attributes or problems with the road conditions or weather, Fort Lauderdale DUI defense lawyers have represented clients who were unable to perform these tests that sometimes are crudely slapped together by officers.

According to the news report, the 49-year-old woman was pulled over by police after she allegedly was speeding and swerving over a double yellow line. When an officer approached her car, she said that she wouldn't perform a field sobriety test because she said her large breasts would get in the way.

The woman was pulled over around 9:30 p.m. one recent weekend night in Port St. Lucie. Officers had responded to calls from drivers stating that a woman was driving recklessly. A police officer reported smelling the odor of alcohol as he approached the car.

The man asked the woman to perform field sobriety tests, causing the woman to respond, "Hell no, not with these...not with (my) big boobies."

When a second officer requested the tests be done, the woman told that officer that being large-chested made walking difficult. The woman said she had whiplash, in addition to a big chest. Although, she did agree to perform the tests if an officer held her hand. When the woman allegedly tried to lift up her shirt to prove that her breasts were large, she was arrested and charged with DUI.

Only three field sobriety tests are sponsored by the National Highway Traffic Safety Administration: the Horizontal Gaze Nystagmus, Walk and Turn and One Leg Stand. Most people recognize these from television police shows.

The Horizontal Gaze Nystagmus is a jerking of the eye consistent with a person looking side to side. Police will look for signs of impairment when asking a driver to look side-to-side while a bright light is flashed in their eyes. The walk and turn is most commonly recognized by the public as it's where a person is asked to walk, heel-to-toe in a straight line. Balance issues can cause a failure in this test as well as in the one-leg stand, which is self-explanatory.

Law enforcement officers who work traffic patrols end up hearing just about every excuse possible about why the driver can't perform the requested tests. However, there are sometimes legitimate reasons why a failure will happen.

If a person has balance or dizziness issues it could relate to larger medical or medical issues that go beyond any drinking and driving. And if drivers have knee or back problems, they may be unable to complete these tests as well. Police must take these things into consideration.

Rain, heavy winds and other weather conditions can also lead to a person "failing" the tests, but not because of their drinking. Often, these tests are done on the side of the road near slick grass or gravel, and people may slip -- not because they are legally drunk, but because of those conditions.

All of these issues must be explored when officers investigate someone for DUI in Fort Lauderdale. While a common charge, it is serious and can lead to major consequences. That's why an experienced DUI defense lawyer should be hired to look at all aspects of the case.

Continue reading "Woman Blames Large Breasts For Inability to Perform Field Sobriety Tests in DUI Case" »

Two teens now face juvenile charges in Fort Lauderdale after investigators believe they were responsible for committing a burglary in which police are relying on video surveillance, CBS News reports.

Sometimes teens make mistakes. We've all been there. But as time has gone by, police, judges and prosecutors have taken a more hardline approach to these situations. Instead of warnings, having the teen talk with the store manager and other non-criminal proceedings, officers today are trained to make arrests.

This can be damaging to a juvenile's future. But the officer is trained not to take those things into consideration. Fort Lauderdale criminal defense lawyers have seen how an arrest of a teenager can cause them future problems. For one, it can make finding a job more difficult. And, with criminal charges on their record, they may find it tough to get into college.

If teens are charged in the juvenile court system it may be easier for them to keep these records hidden. If they are charged as an adult, it's much more difficult. But in either situation, a conviction can be damaging.

As in any criminal case, the facts that are presented and the witnesses who are used by the state are critically important. And similar to other types of criminal cases, the consequences can lead to major problems in the future. That's why an aggressive defense is necessary.

In this case, CBS News reports, two teens have been charged with burglarizing an electronics store in Fort Lauderdale. Surveillance video allegedly shows a 15-year-old boy dropping from the ceiling after traveling through an air duct system.

The teen found a loaded gun that was found inside the store and fired it. He then realized he was stuck inside the business. The alarm was triggered and video shows an officer looking around the front of the store and then leaving.

The news report states the teen then crawled out through the front door then returned with a friend. The two then allegedly rifled through the store, loading up on iPhones and iPods and other electronics equipment.

Both suspects -- 14 and 15 -- were charged with burglary. One of the boy's mothers said she found a stolen laptop and returned it to authorities. She told the news station she hopes that her cooperation will help a judge show mercy.

But what parents sometimes don't understand is that admitting to fault can actually hurt their child's case. The best chance they have is to fight the charges. Making admissions will only give the state and judge a better chance to come up with harsh penalties.

Many parents believe that not cooperating with police will make a judge be more harsh in sentencing. But judges understand that the criminal justice system is adversarial and they shouldn't use this against the defendant. While the juvenile justice system is geared toward helping rehabilitate the teen defendants, the criminal justice system is about punishment.

If a parent hurts their child's case by providing police and prosecutors with key facts and evidence, it could very well result in a criminal conviction.

Continue reading "Fort Lauderdale Burglary Leads to Arrest of Teens Caught on Tape" »

Our Broward DUI Lawyer Blog has continued to follow the saga of the DUI manslaughter charge revolving around the Wellington polo magnate.

The Palm Beach Post recently reported that the man attempted to have his upcoming March trial date moved because of the pretrial publicity involved in the case. Attorneys for the man argued that newspaper and online news coverage of the case has corrupted potential jurors.

DUI manslaughter in West Palm Beach is a major charge and when a celebrity or well-known person in the community is involved, it can make it a big media case. As West Palm Beach DUI defense attorneys know, when the news media is involved, it can cause big problems.

For one, as this defendant's attorneys have pointed out, pervasive news media coverage from the time the accident happened, through every court hearing and up until the trial can cause prospective jurors to be influenced. This influence may not be at the top of a juror's mind, but once they start hearing facts, it can jog their memory and cause them to have biases against or for the defendant.

Media coverage has featured drug use, wild accusations and other reporting that will never make it into a court of law and should not be part of the jury's decision-making process.

In situations like this, an experienced lawyer may believe that local jurors simply can't be fair and impartial to sit on the jury. The attorney can argue before a judge that the case needs to be moved. And while judges may be hesitant -- it costs money, creates hardships and is a hassle -- it may be necessary.

If the judge doesn't agree to a new venue, the attorney must prepare for an extensive jury selection (and the issue can also be ripe for appeal). Attorneys on both sides are able to inquire of every prospective juror to weed out people who may have read or seen details about the case ahead of time.

If people have this knowledge, it can influence their decision. A juror is instructed by the judge to make their decisions based solely on the law and the facts and not outside influences.

In this case, the defendant is charged with driving drunk in February 2010 and crashing into another man's vehicle. The driver of the other vehicle eventually drowned after landing in a canal.

The case has received media attention based on the case and also because there is a companion civil case ongoing with the victim's family.

As the media attention grows, it will be critical for him to get a fair criminal trial. That means eliminating all biased jurors and those who have read about the case and formed opinions.

Continue reading "Polo Magnate's Efforts to Get DUI Manslaughter Trial Moved From Palm Beach Denied" »

A 37-year-old man was recently arrested and charged DUI manslaughter in Pompano Beach after allegedly causing a fatal accident, the Sun Sentinel is reporting.

The newspaper reports that the man was one day into probation on an unrelated crime, court records show. This fact could make the man's life much more difficult as he now could face a probation violation charge as well as the new DUI-related charges. He will require the skills of an experienced Fort Lauderdale DUI defense lawyer, who can look at all the facts and defend his rights.

When a person dies as the result of an accident, law enforcement officers are often quick to blame the surviving driver. But that's not always a sound decision. There have been examples of a surviving driver actually being the victim even if the other driver dies. And even if the survivor had been drinking, they may not be at fault.

This shows that police detectives have a lot of things to take into consideration when they are investigating a fatal car crash. Every day, sober drivers cause crashes that do damage and kill other people, so it's certainly feasible that even a drunk driver could be the victim.

in this case, the man was charged with DUI manslaughter, driving with a suspended license and two counts of DUI causing serious bodily injury. In the crash, a 22-year-old woman died.

According to the newspaper report, the man's 35-year-old passenger was sent to the hospital in critical condition after the SUV they were in T-boned the woman's car in Pompano Beach. The woman had been driving north on I-95 and took the exit ramp at Atlantic Boulevard. She was pronounced dead at the scene. The passenger in her vehicle was rushed to the hospital.

The man is being held without bond because he was arrested while on probation. Court records show he was put on probation for an unrelated charge of battery on a person 65 or older. The judge also ordered no contact with either the victim in his car -- his fiance -- or the victim in the other vehicle.

The judge put that condition in place because both victims could be called as witnesses against the man if the case goes to trial. At first appearance, the judge pointed out that the man has a history of DUI-related crimes in his past, which led to a $235,000 bond on the crash charges.

A new arrest is going to open up the person to a possible prison sentence and now that the man faces major felony DUI manslaughter charges, he's looking at the potential to spend two decades behind bars. DUI-related charges are taken seriously by judges and prosecutors, so defendants must be well-represented.

There are defenses, as scene reconstructionists can look at whether police did their jobs the night of the crash. Also fighting the DUI aspect of the charge is important. If the state can't prove the person was legally drunk, they can't prove DUI manslaughter. There are defenses to every case and an aggressive DUI defense lawyer will know what to look for and how to find them.

Continue reading "Pompano Beach Man Charged With DUI Manslaughter a Day Into Probation" »