Broward DUI Lawyer

Man Charged with Florida DUI After Passing out Behind the Wheel

admin — Tue, 26 Jan 2010 15:49:17 +0000

After a vehicle sat at traffic light outside of Ocala, Florida while the light changed from red to green multiple times, a witness called police and it was discovered that a man had passed out while operating his vehicle. This man was arrested in the early evening on Friday, and faces DUI charges.

Deputy Micah Moore arrived at the scene around 7:30 p.m. on Friday, near where State Road 40 and State Road 41 intersect in Dunnellon. Another deputy was present on the scene, telling Moore a driver had called in a report about an erratically-driven vehicle that had almost struck cars driving in opposing traffic.

When the driver stopped in the turning lane at a red light at the intersection of SR 41 and SR 40, he remained stopped through the light changing from red to green a number of times. The first deputy arrived and watched the lights change three more times while the vehicle remained stopped.

56-year-old Antonin Kanka had passed out while operating his vehicle, and the first deputy at the scene arrived and woke him up. He failed the field sobriety tests and was arrested for DUI him and brought him to Marion County Jail, where once again he failed the sobriety test. Kanka admitted to having consumed Roxicodone as well as sleeping pills before deciding to drive.

Carlos Canet, P.A., a Fort Lauderdale DUI lawyer, specializes in Florida DUI defense. If you have been charged with DUI in south Florida, call 866-7ASKDUI to speak to a professional DUI lawyer who has offices locataed in Miami-Dade, Broward, and Palm Beach Counties.

If you visit the Law Office of Carlos A. Canet to discuss your Florida DUI or other serious traffic offense case that occurred anywhere in South Florida, whether in Miami-Dade County, Broward County or Palm Beach County, you meet with Mr. Canet. He is the attorney who will answer all your questions and handle your case from beginning to end.

Man Charged with Florida DUI After Colliding with Emergency Vehicles on Scene of Earlier Accident

admin — Mon, 11 Jan 2010 22:44:54 +0000

While working on a fatal accident in Calhoun County the day before Christmas Eve, Florida authorities were struck by a drunk driver on the scene. The DUI offender struck two vehicles. One was a firetruck on site of the accident. The drunk driver also struck a firefighter who was directing traffic away from the accident.

The driver, 29-year-old Richard Bouch II, was arrested at the scene of the accident and charged with a DUI count and also charaged with leaving the scene of an accident. Workers were on the scene of the first accident, which occurred after 11:00 p.m. on Wednesday evening; then after midnight Christmas Eve, Bouch crashed into the scene of the accident.

When police arrived to the first accident, Dean Alan Barnes had struck two pine trees afte rlosing control of his vehicle. He was pronounced dead at the scene. Not quite an hour later, Bouch approached the scene above the speed limit and veered left to avoid rear-ending someone as he neared emergency vehicles that were stopped in the road.

It was at this time that Bouch struck firefighter William Truax and then collided with the side of a parked fire truck. After hitting the emergency vehicle, he then sped off towards the highway to flee the scene, only to strike a Toyota.

In so doing, Bouch struck William Truax, 45, of Altha, Fla., then hit the side of a parked fire truck. Bouch then veered back into the southbound lane and struck the Toyota.

Fort Lauderdale DUI lawyer Carlos Canet, P.A. is experienced in Florida DUI defense. If you have been charged with DUI in south Florida, call 866-7ASKDUI to speak to an experienced DUI lawyer with offices in Miami-Dade, Broward, and Palm Beach Counties.

Florida DUI Manslaughter Kills Two Nuns

admin — Tue, 05 Jan 2010 16:22:16 +0000

On September 27, 2009, 60-year-old Michael Hickman of North Fort Myers, Florida was driving and collided with a vehicle carrying two nuns who taught at St. Andrews Catholic School in Cape Coral. The two women, 80-year old Sister Karinne O’Malley and 84-year-old Sister Ann McFall were both killed at the scene of this Florida DUI accident. The only survivor was the women’s driver, Sister Elizabeth Meegan, who is the principal at St. Andrews. She was treated at Lee Memorial Hospital and released.

Florida Highway Patrol investigators reported that Hickman’s blood alcohol level was nearly three times the legal limit.

Because Hickman was not arrested at the scene, he still has a valid driver’s license. Only if charges are filed against Hickman for DUI in Florida will his license be pulled. Unless a driver is arrested for DUI at the scene of the accident, it is standard procedure for the state attorney’s office to review the traffic homicide case. This particular case was turned over to the Florida state attorney’s office late in December to be reviewed, and within several weeks a decision will be made regarding whether to file charges against Hickman.

DUI Manslaughter carries a maximum of 15 years of prison time for each count of DUI Manslaughter charged. Hickman’s blood samples were sent to a state lab, and showed his blood alcohol level was .228. The legal limit in the state of Florida is .08, and this number is almost three times the legal limit.

Fort Lauderdale DUI lawyer Carlos Canet, P.A. is experienced in Florida DUI defense. If you have been charged with DUI in south Florida and need DUI arrest advice, call 866-7ASKDUI to speak to an experienced DUI lawyer with offices in Miami-Dade, Broward, and Palm Beach Counties.

Woman Receives Reduced Sentence for Florida DUI Manslaughter Charges

admin — Wed, 23 Dec 2009 19:19:36 +0000

On June 16, 2007, Heather Dison was driving a 2006 GMC pickup truck against traffic when she caused a head-on collision with a Cadillac coupe in Dade City, Florida. Another vehicle swerved to avoid collision, but hit a pole and overturned. The driver of the Cadillac, Jason Hamilton, died at the scene, and his passenger as well as the driver and four passengers in the overturned vehicle were injured.

Dison had a previous DUI conviction in 1995 and did not have a deal with prosecutors. Though she faced up to 20 years in prison after a guilty plead to DUI Manslaughter charges and related DUI charges, Dison, 35, was sentenced to 12 years in prison after Circuit Judge Pat Siracusa took her previous DUI conviction into account, stating she should have learned back then, but didn’t.

Jason Hamilton’s fiancee was three months pregnant with his child when the accident occurred. His fiancee was in the car ahead of him when the collision occurred, and held his body in the road until help arrived. Hamilton’s mother attempted to speak at the hearing, but was too emotional and couldn’t.

Dison plead for leniency, as her 12-year-old daughter keeps threatening to run away. Dison just wants to get her daughter through high school. It’s reported that Dison was out drinking after being upset about the death of her other daughter who had passed away in 2005. The judge ruled that Dison’s living daughter’s needs were a compelling enough reason for a lighter sentence.

Dison was out drinking and asked an acquaintance to driver her home, but somehow, they ended up with Dison behind the wheel. Dison follows Jason Hamilton’s Myspace page and is remorseful for what happened.

“I miss Jason even though I didn’t know him,” she said in court Tuesday, tearfully reading a letter she wrote to Hamilton’s loved ones. “I think he was a wonderful person. I wish his family still had him.”

Florida DUI Manslaughter Case Underway

admin — Wed, 09 Dec 2009 17:06:29 +0000

In 2006, a driver crashed into a road construction site and injured one of the maintenance workers on site. A few months later, the worker died from of those injuries, which included broken legs and internal bleeding. The driver, Elias Soto, was reported to have been laughing when he got out of his car, and announced he had to urinate. Soto is facing DUI Manslaughter charges.

The Florida Highway Patrol trooper who reported to the scene stated that Soto failed field sobriety tests and smelled of alcohol.

But was the driver drunk? This is the question coming up in court. The breath test ran at the jail showed blood alcohol level was at 0.051 and 0.055, both numbers being far below the threshold of 0.08 that Florida law deems a driver to be impared.

Soto’s attorney argued at the trial Tuesday that Florida Highway Patrol failed to collect substantial evidence against Soto that would prove he was intoxicated when the crash occurred. Florida Highway Patrol failed to collect a blood sample from Soto to measure his blood alcohol levels.

Prosecution rebutted against Soto, arguing plenty of evidence proved Soto was impaired, including his failing the field sobriety test, as well as testimony that his breath smelled of alcohol and his behavior was odd.

Soto initially denied having alcohol, but then later admitted to having had candy with rum in it. However, a statistic-based formula was used to estimate his blood alcohol level at the moment of the crash to be around 0.11 and 0.14, and decreased as time passed before officers arrived to the scene of the crash.

No skid marks were noticed on the street, and witnesses heard no brakes screeching, indicating Soto didn’t apply brakes before the impact. The construction site was clearly marked by signs, lights and traffic cones.

Judge Gives Lower Sentence for Florida DUI Charges

admin — Mon, 30 Nov 2009 17:44:37 +0000

After three years of waiting, sentencing has come through on a Florida DUI manslaughter case in Orlando. 23-year-old Malcom Barnes, a former UCF student, was charged with DUI and plead no contest in a November 20th hearing on an incident that occurred in October of 2006.

Three years ago, Barnes killed Andrew Brannon, a 19-year-old UCF student, upon impact of an accident that occurred while he was driving under the influence. The victim was driving a motorcycle and wearing a helmet, but Barnes hit him head-on while driving on the wrong side of Alafaya Trail between State Road 50 and University Boulevard close to UCF campus.

Barnes pled no contest for the DUI manslaughter charges. According to the first deputy arriving at the scene, Barnes hadn’t been drinking; he was high from huffing the gas from inside an aerosol spray can. Two cans of spray duster and a can of cleaning spray were found in his vehicle.

Barnes suffered a seizure which caused him to black out while operating a motor vehicle, which is what caused the accident. It was Barnes’ first time suffering a seizure.

A drug test was administered and the lab results showed that Barnes was under the influence of the inhaled substance, which caused him to drive into the oncoming traffic lane.

Typically, the minimum sentence of a DU manslaughter charge is around 9 years, according to Judge Marc. L. Lubet. Lubet told Barnes he’s “a good kid with a bright future and have no other criminal record. But I cannot overlook the fact you killed another person.”

Because Barnes showed true remorse and admitted full responsibility for his actions, Lubet gave a lesser sentence than the average 9 years. Barnes was sentenced to 18 months in prison and two years of probation after prison release. His license is suspended indefinitely and he will be required to spend 150 volunteer community service hours speaking to the youth and a variety of programs on the damage and dangers of DUI.

Woman Sentenced to 25 years in Prison for Florida DUI Manslaughter and Other DUI Charges

admin — Wed, 11 Nov 2009 22:21:35 +0000

On Thursday, November 5 2009, a Florida woman lost her driver’s license for life and was sentenced to 25 years in prison after a traffic accident in April. Florida Highway Patrol investigated the accident, and assistant state attorney John Molchan prosecuted the case.

Pleading no contest to one count of DUI property damage, two counts of DUI with serious bodily injury, two counts of DUI manslaughter in September, June struck a vehicle head-on on April 4. The accident killed the other driver, James I. Dixon, 58, and his passenger Teresa Lunsford, 27, both of Milton, Florida.

James Dixon died at the scene of the accident from the injuries he sustained in the accident, and Lunsford died after arriving at the Sacred Heart Hospital.

Additional injuries resulting from the accident include those of seven-year-old Celina Capps, and eight-year-old Melissa Hopkins.

Florida Highway Patrol reports show that the impact caused Celina Capps to be ejected through the passenger side window.

Upon arriving at the scene, officers tested Coriell’s blood alcohol level, which was at .108. Florida state’s legal limit is .08. Coriell was arrested for DUI.

Judge Gary Bergosh could have given Coriell a sentence of up to 41 years for the charges Coriell plead no contest to.

Drunk Bicyclist Charged with Florida DUI

admin — Tue, 27 Oct 2009 14:53:14 +0000

On Monday night, deputies arrested and charged a man with DUI after he exited a taxi and rode his bicycle along Florida State Road 50.

According to arrest reports, 45-year-old Jeremy B. Bowen of Brooksville, Florida gave two breathalyzer samples, showing results of a blood alcohol level of .234 and .239, respectively. For Florida DUI, the legal minimum for a DUI arrest is .08.

Just before 10 p.m. on Monday evening, Mr. Bowen got in a taxi after having drinks at Legends Grill on Mariner Boulevard. According to the Hernando County Sheriff’s Office, the taxi cab dropped him off near the corner of Cortez and Deltona boulevards at a RaceTrac gas station, and upon exiting the cab, Bowen yelled profanities at the driver and rode off on a bicycle.

Deputies say the taxi driver called the sheriff’s office after observing Bowen riding the bike in the middle of the street on Cortez boulevard.

According to the report, Bowen admitted to being drunk, having consumed five beers at Legends Grill.

If you visit the Law Office of Carlos A. Canet to discuss your Florida DUIor other serious traffic offense case that occurred anywhere in South Florida, whether in Miami-Dade County, Broward County or Palm Beach County, you meet with Mr. Canet. He is the attorney who will answer all your questions and handle your case from beginning to end.

Driver Charged with Florida DUI, Leaving Scene of Accident, Injuring Others

admin — Tue, 13 Oct 2009 14:56:16 +0000

After hitting another vehicle and hospitalizing its driver, a drunk driver got away with minor injuries on Saturday. The other driver is hospitalized and in serious condition due to a DUI in Florida.

Florida Highway Patrol reports that Abel S. Mixtega, age 25, from Chiefland, Florida was charged with Florida DUI, as well as charges from leaving the scene of an accident with injuries, and not having a driver’s license. Mixtega and his passenger, Gorge Alonzo, received minor injuries and were not hospitalized.

There were three people inside the Chrysler van involved in the crash. They were residents of Summerfield, Florida. Florida Highway Patrol says Sally Herrington was taken to Shands hospital at the University of Florida, in serious condition. Her front passenger, Chris Franzen and his daughter Danielle Franzen received minor injuries and were not hospitalized.

The crash occurred at 3:10 pm. Florida Highway Patrol trooper J.T. Clark was dispatched to the accident, which occurred on Alternate U.S. 27 where it intersects with Northeast 145th Avenue, between Bronson and Williston.

It was determined that Mixtega was driving east and weaving in and out of lanes. Herrington was eastbound at the same time, in the outside travel lane. According to reports, Mixtega drove into the outside lane and hit the driver’s side of the other vehicle, which caused it to overturn as it crossed over Northeast 145th Avenue.
After attempting to flee the scene of the crash, Mixtega was arrested for DUI and booked into the Levy County Jail in Bronson.

Off-Duty Firefighter Arrested for Florida DUI

admin — Tue, 29 Sep 2009 16:32:18 +0000

An off-duty Bonita Springs firefighter who was on medical leave for a non-work-related hand injury was arrested last week after an automobile crash in the Fort Myers, Florida area. Charged with a first offense of Florida DUI for driving under the influence of alcohol or drugs, 27-year-old Christopher Michael McDaniel caused property damage and was found in possession of a controlled substance without a prescription.

After a $3,250 bond, McDaniel was released the following day from Lee County Jail. According to a Fort Myers Police Department report, officers arrived at the scene of a crash around 10 am. The incident occurred at Mathew Drive and Summerlin, and involved a Ford F-250 as well a Jeep Cherokee. The Ford hit the rear of the Jeep, which was stopped at the time of impact. There were no injuries reported by any passengers of the vehicles.

During investigations of the crash, officers noticed McDaniel, who drove the Ford, had slurred speech and a constant sway while standing. Though the breath test results came up negative, McDaniel did not pass the field sobriety exercises. After his arrest, officers found a clear, unmarked bottle in McDaniel’s pocket, which contained 15 blue pills.

McDaniel admitted the pills were not prescribed to him, and tests later confirmed the pills to be amphetamines, Benzo and Oxycodene. McDaniel has been employed by the Bonita Springs Fire/Rescue district for four years, working as an inspector. About a year and a half ago he became a firefighter. His employment status is unconfirmed currently, because he is currently on medical leave for an injury. When the accident occurred, he was en route to a pre-operation appointment to find out if surgery was a necessary route.