Broward DUI Lawyer Blog

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" »

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" »

Authorities in California are reviewing hundreds of DUI arrests made by San Jose police because of a defect in the manufacturing of the devices, the San Jose Mercury News reports.

Fort Lauderdale DUI defense attorneys have been fighting breathalyzer and other DUI-related issues for decades. Breathalyzers and other drunken driving testing and devices used by law enforcement are often faulty or officers themselves aren't trained in using them, leading to the possibility of a Beating a DUI charge in Fort Lauderdale.

The Santa Clara County District Attorney's Office said recently it would review the cases of 865 DUI suspects because San Jose police officers use the Alco-Sensor V breathalyzer as part of their field sobriety testing of drivers they believe to be intoxicated. Although the devices aren't usually used as evidence in court, the problems could lead to hundreds of acquittals.

According to the article, the devices may have shown incorrect readings because of a manufacturer's error that can cause condensation to build up in the tube. This means that many people who weren't intoxicated were arrested based on faulty test results. It could also mean there are hundreds of people who have already entered guilty pleas and served punishment for a crime they may not be guilty of committing.

This story shows the importance of consulting with an aggressive Broward DUI attorney before agreeing to a guilty plea or a resolution that may be unnecessary, depending on the facts of the case. The DUI penalties in Florida can be steep and a strong defense, including aggressive cross examination of witnesses, pre-trial motions and other avenues within the law can be beneficial to your defense.

DUI in Broward County is a serious crime that not only can carry with it an embarrassing stigma, but also can affect your future if your rights aren't properly conserved. A DUI arrest can cause you to have to pay fees and fines as well as possibly incarceration. Don't try to defend yourself.

Continue reading "Faulty Breathalyzers Affect Miami DUI Cases" »

Unless the police officer asks you to do so, don't get out of your vehicle when stopped for suspicion of drunk driving in Fort Lauderdale.

If you need to speak to a veteran Fort Lauderdale drunk driving defense lawyer, contact Carlos Canet in Fort Lauderdale or Miami.

If the police do ask you to exit your vehicle, it is probably for them to give you a field sobriety test. In Florida, it includes the following tests:

- Horizontal gaze nystagmus - the officer will ask you to follow their finger or the tip of a pen with your eyes. If you are unable to follow the pen or finger or if your eyes are jerking you fail the test.

-Walk and Turn - the officer will ask you to take 9 heel-to-toe steps, then turn, and take 9 heel-to-toe steps in the other direction. If you can't follow these directions and/or lose your balance you fail.

-One-Leg Stand - the officer will ask you to stand on one leg while the other is 6 inches off the ground and begin counting out loud. You must remain balanced and not put your foot down or you will fail.

It is important for you to know that these are voluntary tests. You are not obligated to perform any of them. Once again, don't incriminate yourself if you don't have to. The reality of it is these tests are designed to fail. The above is an over-simplification. There are more than a dozen criteria upon which an officer can fail you. And, since he is attempting to gather evidence of your guilt, you have little or no chance of passing.

Unfortunately, motorists often think a good performance will allow them to dodge an arrest and go on their way. This is rarely, if ever, the case. The reality of it is the officer has likely decided to arrest you for drunk driving before even asking you to perform the tests, and is simply gathering evidence of your guilt.

A veteran DUI defense lawyer can defend against such testing. In many cases, the tests are not properly performed or the officer has not received the proper training or certification. Often, a motorist will be asked to recite the ABCs or to perform other tests that are not recognized standards. The above three tests are the only nationally recognized and sanctioned field sobriety tests.

Continue reading "Field sobriety testing in Fort Lauderdale: Just say "No Thanks"" »

With the holiday season just around the corner, Fort Lauderdale drunk driving defense lawyers remind motorists it is the time of year when officers are out in force looking for drunk drivers. The added emphasis frequently involves so-called "sobriety checkpoints" and other questionable or marginal arrests on the part of law enforcement.

The Herald Tribune reported recently that a judge dismissed a DUI case in Sarasota County after the sheriff's office was found to have improperly conducted the law enforcement roadblock.

It is the second time in a year that DUI checkpoint arrests have been dismissed in Sarasota because of the sheriff's department's apparent inability to follow the law. The latest ruling could open the door for additional defendants to challenge their arrests at three checkpoints where the sheriff's office used the same plan.

DUI checkpoints are a violation of your basic right to privacy, and to be free from unlawful search and seizure. In a nod toward the Constitution, courts have placed strict guidelines on how they must be operated. Each checkpoint must have an operations plan. Specific training is required and numerous rules must be followed. Those arrested for drunk driving at a sobriety checkpoint in Fort Lauderdale, Miami or West Palm Beach, should consult an experienced DUI defense lawyer.

In this case, Sarasota's plan required drivers who were selected to perform field sobriety tests to also submit to a breathalyzer, even if the field sobriety tests revealed no evidence of intoxication. This is another indication, as we frequently report, of the worthlessness of field sobriety testing. Too often, motorists think successful completion will permit them to go on their way. In reality, an officer has typically already decided to arrest them for drunk driving and is simply gathering evidence of their guilt.

The judge ruled officers had no right to detain motorists at that point and that the plan failed to meet "constitutional muster."

Under the plan, motorists who tested between .05 and .08 were also not permitted to leave, even though Florida law considers .08 to be the legal threshold at which a driver is intoxicated.

The judge also took exception to officers asking drivers where they had come from and where they were heading.

The checkpoint guidelines were also reworked in January 2009 after 13 drunk driving cases were thrown out. Two judges ruled the 2008 guidelines gave law enforcement too much power.

Continue reading "Dismissal of sobriety checkpoint arrests illustrate motorists' rights when stopped by law enforcement roadblocks in Fort Lauderdale and Miami" »

The maker of a popular breathalyzer machine is apparently defying a court ruling that permits defendants to examine the evidence against them, the Sarasota Herald Tribune reports.

The 2nd District Court of Appeals ruled last week that the company must honor subpoenas by defendants seeking the computer code inside the Intoxilyzer 8000. Judges in Sarasota and Manatee counties had ruled that defendants have a right to examine evidence against them.

Fort Lauderdale DUI Defense Lawyer Carlos Canet has been at the forefront of challenging the validity of breath test results as well as the training of officers involved in conducting field sobriety and breathalyzer examinations. Thousands of defendants are convicted of Florida DUI each year based on the results of breath tests -- or worse yet, the results of field sobriety tests, which amount to nothing more than an opinion that you are intoxicated by an officer whose job it is to collect evidence of your guilt.

However, the manufacturer of the machines, CMI Inc., of Kentucky, claims the code is a trade secret and has thus far refused to comply with the subpoenas. Meanwhile, the paper reports that prosecutors have had to dismiss or reduce charges in cases where the breath test results were the most compelling evidence against a defendant.

The court ruling means the company must disclose the code or continue the fight. Meanwhile, experienced DUI lawyers will continue to seek to have the results excluded from trials. The company has said it has not decided how to proceed but will not disclose valuable secrets that are central to its business.

The machine is the only breath test approved for use in Florida. Appealing to the Florida Supreme Court is one option. The company may also seek to disclose the code to the courts under an agreement that will protect it from disclosure. It's hard to see how that would work -- every DUI defense lawyer in the state would have the right to receive the information in building defenses for clients.

Continue reading "Appeals court rules breathalyzer manufacturer must disclose code to courts at request of DUI defense lawyers" »

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.

Continue reading "Man Charged with Florida DUI After Passing out Behind the Wheel" »

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.

Continue reading "Off-Duty Firefighter Arrested for Florida DUI" »

The extent of DUI covers more than just drivers of vehicles. Two bicyclists were cited in Florida DUI charges, after an officer noticed some cars ahead of him driving very slowly. Apparently a bicyclist was in the middle of the lane with no reflective equipment or lights. The bike's operator, Oswaldo Davila, was swerving along the road, and was pulled over and arrested on suspicion of DUI after failing field sobriety exercises.

After a background check was performed, it was found that Davila was on inmate work release status from his most recent of five previous convictions of DUI. Because he refused to submit to a breath test or sign the citation, he was charged accordingly.

Continue reading "Bicyclists Not Immune to DUI Charges" »

The oldest law enforcement on-scene investigative tool is the administration of field sobriety exercises. There was a time before 1995 that they were referred to as "tests." However, that changed as a result of some work I did attempting to exclude their use by police altogether. I am Carlos A. Canet, South Florida DUI defense attorney.

As a Fort Lauderdale DUI attorney, in 1994 I became aware that there was a research psychologist at the Clemson University that had been doing work with local counsel attempting to mythbust FSE's. The gentleman's name was Spurgeon Cole. Dr. Cole has taken a detailed look at the research that had been done around FSE's and had written a paper discrediting their use in DUI investigations. The research he looked at had been done by the Southern California Research Institute located at the U.C. Berkley. This group was headed by a couple of research psychologists, Drs. Marceline Burns and Benjamin Tharp, who would later become legends in the field of DUI investigations. The SCRI had managed to get a grant from the federal government though the National Highway Traffic Safety Administration (NHTSA) to study the use of field sobriety exercises by cops investigating DUIs.

Continue reading "What are FSE's?" »