Broward DUI Lawyer Blog

Former U.S. Rep. Tim Mahoney was in court recently to defend himself on charges after he was arrested last summer for DUI in Palm Beach Gardens.

According to The Palm Beach Post, Mahoney was arrested in August after police allegedly found him asleep at the wheel of a car around 3 a.m. one morning. Our West Palm Beach DUI defense lawyers have been following this case since it happened.

While the former politician will no doubt get attention because of his name, what's unclear is whether he will get a fair trial. Pervasive media attention can often be disruptive for a criminal defendant, even in a case of DUI.

The more news reports, the more potential jurors in the public will see what the media is reporting -- which is rarely the full truth -- and that can lead to biased jurors. While not every case goes to trial, this coverage can influence judges as well. Though they are sworn to be objective and not let bias creep in, they pay attention to what's being said in the community as well. And they are elected officials, remember.

According to NBC News, Mahoney's DUI defense lawyers revealed in court that they have motions they plan to file before the trial date, which is scheduled to be determined in March.The case is an interesting one based on some unique circumstances.

According to The Palm Beach Post, Mahoney was arrested after a North Palm Beach police officer saw Mahoney's car stopped on an access road. The stop was made near the corner of PGA Boulevard and U.S. 1. Because the former congressman was actually outside of the officer's jurisdiction, he called Palm Beach Gardens Police.

An officer arrived and conducted an investigation, which led to Mahoney being charged with DUI. In November, his lawyers got permission to take depositions of up to seven police officers that Mahoney talked with that night.

Several points are interesting in this situation. First off, Mahoney wasn't actually driving the vehicle when police pulled over to check the vehicle. Mahoney told the media that he made a decision not to drive. Second, the officer that initiated the investigation had no jurisdiction because of where Mahoney's vehicle was, so that should be looked at as well.

The main lesson here is don't speak with police without your lawyer. Time and time again, we see suspects making admissions to the police and it doesn't get them out of the charge. In fact, it simply strengthens the ability of the police to file charges and for the prosecution to get a conviction.

At the time of arrest, a suspect can't know what evidence the police have against them. But making a statement is almost never going to help. In fact, it usually strengthens the state's case. Don't say anything, invoke your right to silence and call a West Palm Beach DUI defense lawyer.

Continue reading "Former Congressman Mahoney In Court on Palm Beach Gardens DUI Charge" »

The battle rages forward on Florida's west coast, where defense lawyers continue poking holes into the usefulness of the state's breathalyzer machine used in Fort Lauderdale DUI cases.

Now news coming out of Sarasota shows that the Florida Department of Law Enforcement is so desperate to prove their breathalyzer machine works that they spent $8,000 to get their employees drunk to test the machines. But the unscientific study has yet to sway judges that the machine actually works.

Our Fort Lauderdale DUI defense lawyers believe this shows how desperate the state's law enforcement agency is to get these poorly working breath machines to be accepted by courts statewide. The battle has been especially intense in Sarasota, where judges and prosecutors have tossed out breath test results after studies have shown they were unreliable.

Real testing by experts showed that the machines, when properly examined, showed that drivers could blow 12 liters of breath in the machine, though the human lung capacity maxes out at around 5 liters. That shows the test results are impossible, which brings into question the blood-alcohol level results for thousands of drivers who have been charged with DUI there.

And that means that drivers throughout South Florida should be skeptical of these machines. They are designed to reflect the blood-alcohol level of the driver who is stopped by police. But, as some have pointed out, these machines can't measure the blood-alcohol level, but only can estimate what it is. Without a sample of blood, a person's breath can't be accurate anyway.

In Florida, FDLE regulates the use of breath machines for officers and has only certified one -- the Intoxilyzer 8000 -- as useable by police. And because of the questionable results, attorneys statewide have been fighting their accuracy on behalf of DUI defendants. The company that makes the device has been fighting judge's orders that allow DUI defense lawyers to see how they work, claiming it would leak their trade secrets to the public.

According to the Herald-Tribune, FDLE spent $330 on whiskey, other booze, mixers and snacks in order to have their employees get blitzed and blow into the machines. There blood was also drawn to compare to the breath test results. The study, overall, cost $8,000.

In October, the newspaper reported that flawed machines were staying in operation for years without checkups or maintenance -- dishing out impossible results all the while. In about 100 cases, DUI defendants had those breath test results tossed out, leading to dropped or reduced charges. But for hundreds or even thousands more, they can't know whether the tests in their previous case would have changed if this information was known ahead of time.

Judges seemed skeptical of using the information, in part because the lab work wasn't done. Some DUI defense lawyers, the newspaper reported, argued that there was nothing scientific about the study and it doesn't address the problems.

Continue reading "Report: FDLE Employees Paid to Get Drunk to Test Fort Lauderdale DUI Breathalyzer" »

Two men now face charges of DUI in Boca Raton, as well as drug possession after allegedly being involved in a chase with police, ABC News reports.

DUI in Boca Raton and elsewhere can lead to serious penalties. But it doesn't have to. An experienced Boca Raton DUI defense lawyer recognizes that for many people, this is their first time in the criminal justice system.

It can be terrifying and many defendants have a lot of questions and wonder what could happen to them. Answers depend on what evidence the police were able to get against the defendant, but that's not the whole story.

A skilled DUI defense lawyer looks beyond the police reports because sometimes the personnel issues of the officers involved can be a factor. Eye witness accounts, which may differ from what law enforcement officers say happened can often benefit the defendant as well.

There are many aspects to these cases that must be explored because the defendant requires a fair trial and a competent defense lawyer who can look at all the evidence and see where the prosecution's holes are.

In this case, ABC News reports that two men were on a dune buggy in a restricted construction zone that was unlit one recent late night. An officer pulled up to the work site and shined a spotlight on the dune buggy, which caused the two men to turn around and drive off.

The officer caught up with the men and pulled them over. Once the officer was able to talk with the suspects, neither had a weapon, but one of the men admitted to having marijuana in his possession.

The driver, who allegedly failed a field sobriety test, was charged with DUI. His friend faces a charge of drug possession.

What will be interesting to see in this case is whether the friend's observations of the field sobriety test being failed were the same as the officer's observations. Field sobriety tests and whether a driver passes or fails can be very subjective.

A police officer is trained on how to administer them, but most people in public can see whether a person is failing or passing a test. Most sober people can walk, heel-to-toe in a straight line and stand on one leg. It's obvious when someone fails or passes.

And, in this case, the reason for the initial stop should be looked at as well. Are police saying they had probable cause for the stop because the dune buggy was in a restricted construction zone? There are many four-wheeler riders who enjoy their machines on restricted land and in rural areas that are off-limits. Police know they're out there, but they don't bother them.

It will be interesting to see why police were called out there in the first place and all the events that transpired from the start to the arrest. Sometimes, what police say happened isn't the whole story and it takes a trial to uncover all the facts.

Continue reading "Dune Buggy Police Chase Leads to Boca Raton DUI Charges" »

Baseball player Miguel Cabrera avoided jail time after entering a no contest plea in connection with a February DUI charge in Fort Pierce, TCPalm.com reports.

With his trial set for January and jury selection around the corner, he decided to enter a plea rather than risk going to trial. Our Fort Lauderdale DUI defense lawyers have chronicled this case and have wondered whether Cabrera would go to trial or settle on a sound plea agreement.

Being charged with DUI in Fort Lauderdale can be a stressful experience. There's an initial amount of fear and embarrassment for the driver, who now must figure out what to do next. Having to attend many hearings and appearing in public doesn't help.

But as in Cabrera's case, there is hope. He was even able to get his driver's license back after requesting a Florida DMV administrative hearing. Anyone charged with DUI must request a hearing within 10 days of their arrest.

The hearing is largely technical and is separate from the criminal case. Whatever happens in that hearing won't affect the DUI charge itself.

And as Cabrera's case shows, a first-time offender can sometimes end up with a somewhat positive outcome. According to police, Cabrera was on the side of the road in his broken down Land Rover on February 16 last year.

Officers stated that Cabrera's speech was slurred and his eyes were bloodshot and watery -- all signs to officers that the person has been drinking -- and they handcuffed him for not following orders. Before being arrested, officers said Cabrera grabbed a bottle of Scotch and drank from it in front of police.

He was initially charged with two counts of resisting officers without violence as well as DUI. Prosecutors dropped one count of resisting officers without violence early on in the case and as part of the plea agreement, the second resisting charged was dropped.

In entering a no contest plea, Cabrera was ordered to pay $1,436 in court costs, attend DUI school and a victim impact panel, perform 50 hours of community service and endure a driver's license suspension for six months. He was also placed on probation for six months and had to pay a $500 fine.

As you can see from the penalties, even a misdemeanor DUI charge is a major crime in the justice system. For a multi-millionaire, the price tag isn't bad. Cabrera can also opt to pay $500 to cover his community service time. But, he can't buy his way out of attending DUI school and a victim impact panel or dealing with six months of probation and without a driver's license. And the real cost of a DUI conviction can approach $20,000, counting skyrocketing insurance premiums, missed work and other costs.

Those are major inconveniences that can be tough to live with. And while someone with a lot of money may be able to afford a driver, what about the rest of us? Imagine being in the position of not being able to afford cab rides or not having someone who can drive you around? It's a major inconvenience.

In this case, it was better than the alternative of going to trial and possibly being sent to jail or facing other sanctions if convicted. That's the gamble of taking a plea instead of going to trial. Every DUI defendant must take an aggressive approach to these charges and that means scrutinizing every piece of evidence and looking for holes in the state's case.

Continue reading "Baseball All-Star Miguel Cabrera Avoids Jail Time in Fort Lauderdale First Offense DUI" »

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" »

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 " »

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" »

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" »