Jacksonville Criminal Attorney Blog

Jacksonville’s drivers sometimes drink and drive; most do at some point. However, one’s rights concerning DUI stops are changing quickly in not only Florida but other states around the nation. Therefore, as one’s DUI arrests rights are diminishing, one should contact an experienced attorney to ensure that one’s rights are known, used, and protected.

According to The Missoulian, Daniel Carrell, a Montana resident, was arrested for a DUI by way of a blood sample obtained via a telephoned warrant in the middle of the night. This arrest was Carrell’s second DUI offense, and according to Judge Reardon, the Judge who approved the warrant, a second offense is enough for probable cause.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink or someone calling the police, reporting a tag number of an erratic driver, and that driver being later arrested for a DUI. However, as Jacksonville Criminal Attorney Blog has reported, one can refuse the commonly performed breath test, be charged with a civil penalty for refusing the test, and survive a criminal penalty for a DUI charge. However, this may no longer be an option for Jacksonville drivers.

Florida, as well as Montana, Texas, and Illinois have joined together in a movement towards allowing police officers to call Judges and obtain warrants for blood alcohol samples on the highway rather than have them fail the field sobriety test and/or breath test and later take the sample. As Florida moves towards being tougher on DUI’s, it is important for one to know one’s rights concerning a police officer getting one of these telephone warrants.

In order for a warrant to be obtained, there must be probable cause. In other words, in a DUI stop, based on the conduct of the driver and the driver’s prior record, the police officer has a reason to believe that a blood alcohol level should be determined to show that the driver has broken the law and should be subsequently arrested.

Unfortunately, for many defendants in cases like this, police officers will be able to call a Judge, obtain a warrant for a blood sample, and arrest someone with a confirmed blood alcohol level. Many times however, the Judges that these officers call are unfairly antagonistic to those who are accused of a DUI. In many situations where officers call these particular judges, a prior record will rise to the level of probable cause where with other judges, it will not.

If one obtains an experienced Jacksonville DUI crimes attorney to fight for one’s case, one will be able to ensure that the police are going about proper procedure and that if the blood sample was taken improperly, it will be excluded in one’s case. In many cases like this, one’s charge could either be reduced or in many cases, dropped.

Continue reading "Jacksonville Police Tougher On DUIs With Telephoned Warrants" »

Jacksonville is one of those cities that likes to have fun, drink, and have a good time. However, those fun times end most of the time in criminal charges when children are thrown into the mix. When one is charged with a child related DUI, one should contact an experienced attorney to fight for one’s case and ensure one’s rights are protected.

According to the Naples Daily News, Eliza Sherwood, Valene Clay, and Enrique Martinez, were arrested for driving while intoxicated with a child in the car. They were arrested separately because Martinez, the actual driver of the car, parked the car at a bank, took the baby and fled the scene.

Florida DUI cases can be some complicated cases, the majority of which end in arrest. However, normally child neglect charges do not stem from the DUI arrests. When this happens, things can become very complicated for the accused and can make a lighter punishment turn heavy in a heartbeat.

It appears from the article that all three have been charged with DUI’s; unfortunately for each, however, is the charges each faces in addition to the DUI charges. For Clay and Martinez, each face separate charges of child neglect without great bodily harm for having their 8 month old child in the car with them while they were driving drunk.

Sherwood is being charged with a battery in addition to a DUI. The reason for her extra charge was that after the police went to speak to Martinez, Martinez told the police that Sherwood punched him in the face when he stopped the car.

One of the rules that governs attorneys in the legal system is that attorneys are not allowed to represent multiple defendants in the same case. However, this rule does not weaken any of the defendants’ cases. In the case of Martinez, for example, Martinez has been charged with child neglect without bodily harm, a charge which can lead up to 5 years in prison and massive fines, in addition to the DUI charge.

However, if Martinez were to obtain an experienced Jacksonville DUI and child abuse defense attorney, Martinez’s attorney could bring to light the mitigating factors in his case, including such factors as:

- Martinez parked the car after he realized the error of his ways
- Martinez refused to subject the child to an even worse situation possibly than the one the child was in before
- Martinez fled the scene and went to his Aunt’s where the child could be properly taken care of until Martinez sobered up

Factors like these can and will be brought up to help lower the penalty of the charges and possibly help to have them dropped in Martinez’s case as well as others in like situations.

Continue reading "Child Neglect Takes New Spin In Florida DUI Case" »

Cops are always on the look out for the DUI stop of the year. However, when they find it, they are normally quite shocked. However, when the one stopped is arrested for a DUI, one should obtain an experienced DUI attorney so that when the day comes for court, one will not be so shocked and will hopefully be pleased about the consequences.

According to the St. Aug. News, Ocala police pulled over Bradley Garrison, a 40 year old man driving a Hummer who police received reports about. When police pulled the man over, he said, like most, that he had only had a couple drinks. However, when the police searched Garrison, they found a $140 bar tab receipt in his shirt pocket.

Most Jacksonville DUI cases involve someone who has had a little too much to drink. However, the amount a person has had to drink is not always as bad as the police report it. Police will sometimes report that events happened that never happened at all, that someone admitted to something that was never said, and will occasionally plant something on someone that they never had.

In any case, a person accused of and arrested for a DUI should contact an experienced Jacksonville DUI attorney to fight for their case, because no matter what the evidence is against someone, they have rights.

In the case of Bradley Garrison, he has a tremendous amount of evidence against him. He was erratically driving his vehicle, he was on the way home from a bar, he smelled of alcohol, and he had a $140 bar tab. Most would see this as an easy conviction. However, most of this can be explained away:

- Garrison could have had a steering problem with his vehicle
- Garrison could have been tired and thus driving erratically
- Just because Garrison went to a bar, does not mean he drank
- The smell of alcohol could have been from someone spilling a beer on him
- The $140 dollar bar tab could have been paid by him rather than consumed by him

Police look for easy convictions. However, some DUI’s that seem easy can be explained away when there is not hard evidence that driver was intoxicated. When Garrison was taken to jail for the night, the police attempted to administer a breath test, which Garrison could not complete because he was vomiting. The police never obtained an actual reading of his blood alcohol level before or after.

At this point, all of the available evidence is pointing to a reasonable doubt that Garrison was in fact drunk.

Continue reading "Florida DUI Suspect Found With $140 Bar Tab Does Not Equal Guilt" »

As Jacksonville and it’s citizens are gearing up for the holiday season, a time of celebration, joy, and memories made, the Florida Highway Patrol is gearing up their officers for the other memories made: traffic tickets and DUI Arrests. According to the New Port Richey Patch, the Florida Highway Patrol has made 67 arrests during traffic checkpoint operations.

According to the Patch, the Florida Highway Patrol organized the checkpoint on U.S. 19 in New Port Richey, lasting for around 6 hours, from 8pm to 2am. The plan was taken on by not only the State authorities but local highway patrol and county Sheriff’s departments. This checkpoint program was targeted and assertive in cutting down drinking and driving according to the Patch.

Jacksonville DUI crimes are very common, unfortunately, around the holidays. For some, it’s dipping into too much of the wine the family put out for Christmas; for others, it’s ringing in the new year with no memory of the last year. No matter what the particular reason is for the excessive libations, there are consequences to driving while intoxicated.

As Florida DUI laws are becoming more and more tough, there are some penalties and consequences one should consider before drunkenly putting the keys into the ignition:

- expensive court fines and fees
- license suspension/revocation
- DUI school enrollment
- up to 6 months in jail
- vehicle tow and impoundment
- ignition interlock installation and monthly access fees
- Diminished employer/employee relationship
- Family tensions

States are becoming more and more strict on what the legal limit is for driving impaired. In Florida, the maximum legal blood alcohol level a person can have for driving is 0.08. In the event that one’s blood alcohol level is above 0.15, the Court, subsequent to Florida Statute 316.193, is required to install an ignition interlock device.

An ignition interlock device’s main purpose is to make sure that the person convicted of the DUI is deterred from driving drunk again. The device forces the driver of the vehicle to give a breath sample before starting the vehicle. This breath sample must be at maximum 0.05. The device is also designed to force randomized testing while the car is running. These tests can be a major pain and hassle to one’s daily life.

Ignition interlock devices are quite costly. If one is required to have an ignition interlock device installed, one must pay a $12 interlock fee, a $70 installation fee, a $100 refundable deposit, a $5 insurance charge, and a $67.50 fee for monthly monitoring and calibration of the device.

Continue reading "Jacksonville Residents Beware Of Drinking And Driving This Holiday Season" »

A Florida man was captured after a year-long hunt by U.S. Marshal Florida Regional task force personnel outside of Gainesville, the Sarasota Herald Tribune reports.

Florida is full of interesting and exhilarating cases, but Jacksonville DUI Crimes cases can be some of the most interesting. However, these cases are still very traumatic.

DUI-Manslaughter crimes can carry steep penalties, not only legally but also personally. One can lose their job, their freedom, their reputation, and sense of livelihood. This is just the start however. Legally, in Florida, the penalties are severe, including car impoundment, driver’s license suspension or revocation, DUI school improvement, court fines and fees, ignition interlock device installation and monthly access fees and other penalties. One must contact an experienced Jacksonville DUI defense lawyer to guarantee their rights and defenses are known and protected.

This case involved Daniel Garcia, a St. Petersburg man who was arrested at a motel after a year-long man-hunt by authorities throughout Florida. One year before his capture, Garcia, drove a van through a red light, striking the victim’s truck on the passenger side, killing the victim.

One of the rights of a person charged with a DUI is to refuse a breath test. When one is stopped for suspicion of a DUI and refuses a breath test, that person will be held in jail overnight and charged with a civil penalty rather than a criminal penalty for driving under the influence. Furthermore, one’s license will be suspended.

When a person is involved an accident and must be taken to the hospital under suspicion of a DUI one’s blood alcohol level is taken. Like unto refusing the breath test, one cannot be arrested for the crime until blood alcohol tests are received from the Florida Department of Law Enforcement. This process can take up to three months to complete. Until that time, one cannot be held in lock-up.

However, this right does not mean that one should run away. In many cases, people charged with DUI’s or other substance related offenses will try to flee the state or city in which they were charged. This is not the best course of action. The Prosecuting party in these cases will try to use this act of fleeing as a way to prove one’s guilt. By not fleeing, one only helps oneself and helps one’s experienced Jacksonville DUI attorney in providing the most affective defense against one’s charge.

Continue reading "Florida Man Captured After Year-Long Hunt In DUI-Manslaughter Case" »

When you think of Thanksgiving, you probably think of turkey, all the sides, perhaps football and time with family or just down time from work.

You should also think of an increase in law enforcement patrols. Jacksonville is in a unique geographical location because two major interstates run through it. People traveling north and south on Interstate 95, the major north-south corridor from New England to Florida, could pass through Jacksonville. Those traveling east to west along the Gulf coast use Interstate 10, which runs from Los Angeles to Jacksonville.

What this means for Jacksonville residents and those traveling from out of town is that police will be out on these highways as well as local roads in search of drunk drivers. Picking up a Jacksonville DUI charge will not only ruin your holidays, but possibly your career.

Few employers are forgiving when a worker picks up a criminal charge. While DUI is perhaps considered less serious than other charges, the stigma of such an arrest can lead to serious damage to one's reputation. That doesn't include the possible penalties.

An experienced Jacksonville DUI defense lawyer knows that lawmakers have done their best to curtail this behavior simply by adding to the penalties a person can face. If convicted of DUI in Jacksonville, a suspect can face jail time, probation, fines and fees, a mandatory DUI school class as well as possibly having to install and pay for an ignition interlock device.

The Wall Street Journal is reporting that motor vehicle group AAA estimates that about 42.5 million people will be traveling the week of Thanksgiving, a four percent hike from last year. Despite higher gas prices -- up 50 cents, on average, from last year, -- people are expected to travel more.

AAA officials say that the Thanksgiving holiday will show an increase in travel from 2010, while other holidays, such as Memorial Day and Labor Day showed a drop. The economy has been to blame for lower travel this year.

And with all the vehicles on the road, law enforcement will be stepping up patrols. The Florida Highway Patrol announced last year that they issued nearly 13,000 citations between November 24 and 28 as troopers statewide were on the hunt for erratic drivers.

In the same time period, troopers made 121 DUI arrests statewide. Another 4,921 drivers were cited for speeding and 1,407 for not wearing a seat belt.

Those numbers don't include local law enforcement, who stayed off the highways, but patrolled local streets and sought to pick up a little extra revenue for their cities and counties by ticketing drivers. This Thanksgiving holiday season, drive safely and if you're impaired, don't drive. If you are arrested, call our firm so we can help.

Continue reading "Thanksgiving DUI Enforcement in Jacksonville Increased, So Beware" »

Florida Highway Patrol troopers have arrested a 33-year-old man and charged him with vehicular homicide and DUI manslaughter in the death of a 73-year-old man, The Florida Times-Union reports.

DUI cases in Jacksonville can have obvious consequences, such as embarrassment, possible job loss and problems with family members.

But Jacksonville criminal defense lawyers have seen how the consequences can be severe in the criminal justice system as well. DUIs can include jail or prison time, DUI school enrollment and completion, alcohol treatment programs, fines and fees, probation, an ignition interlock device or other sanctions. When injuries or death occur, the penalties can be increased severely.

In this case, according to the news report, the 33-year-old was allegedly driving southbound in the northbound lanes of Interstate 95 in North Jacksonville in the early morning hours of Veteran's Day. According to police, the man's Volkswagen sedan struck a Mazda pick-up truck. The collision caused the truck to flip.

The 73-year-old driver of the truck, a man from Central Florida, was pronounced dead at the scene. The truck's driver wasn't wearing a seat belt, but the driver of the Volkswagen was.

The 33-year-old was charged by troopers with vehicular homicide and DUI manslaughter. The news story doesn't indicate what has led troopers to charge him with a drunken driving-related offense, however.

In many cases involving a crash that includes injury or death, law enforcement officers will charge someone with both types of vehicle-related deaths. Many people may look at that and be confused because there was only one death.

But prosecutors more and more are filing both types of charges and it's being allowed by judges. This lets prosecutors have the opportunity to prove either theory -- that the person used a vehicle recklessly to kill someone or that the person was driving a vehicle under the influence and killed a person.

Both charges allow a judge to sentence a person up to 15 years in prison, but DUI manslaughter charges have a four-year minimum mandatory sentence in Florida. That means a person must serve four years, while vehicular homicide is still a serious charge, but is considered more of an accident.

Unfortunately for drivers, this procedure allows the state to show either theory of prosecution, giving them the upper hand at trial. A jury can choose either charge and if they choose both, the state will likely then drop the vehicular homicide charge because of the minimum mandatory sentencing rule.

This is why taking an aggressive approach to defending against these charges is so important. The penalties are high and the consequences dire. When you're talking about a person dying and another person's liberty at stake, an aggressive defense lawyer must be hired to ensure justice is done.

Continue reading "I-95 Fatal Crash Ends in DUI Manslaughter, Vehicular Homicide Charges in Jacksonville" »

Florida-Georgia is the classic example of a good time at a football game. Unfortunately, Jacksonville DUI cases are sure to follow this packed game. One facing a DUI case should have an experienced Jacksonville Criminal defense lawyer to represent, defend, and ensure their rights are protected.

According to the Atlanta Journal-Constitution, the Georgia State Patrol and Florida Highway Patrol have teamed up this year in preparation for the big game. Their message can be seen on social media sites, as well on television during the game. The Georgia-Florida police have suggested that if one is going to drink, to use a designated sober driver. The police will not hesitate to pull over someone who appears to be impaired.

Drinking can seem to add fun to celebrations such as Florida-Georgia, but when put together with driving, drinking can lead to serious legal consequences. Being arrested for a DUI in Jacksonville can be very disadvantageous with the various legal penalties involved:

- license suspension/revocation
- DUI school enrollment
- up to 6 months in jail
- vehicle tow and impoundment
- ignition interlock installation and monthly access fees
- expensive court fines and fees

Not only are the legal penalties bad, but one’s reputation, career, and self-esteem can be severely affected by a DUI. Many people run the risk of losing their jobs simply by not getting a designated driver.

One has rights when stopped by the police. There are options. One of these is refusing a blood alcohol test.

The biggest tests that police will use are field sobriety tests and breath tests. If the breath test finds that one’s blood-alcohol level is above 0.8, the legal limit in Florida, that person can be charged with a DUI. If someone refuses the test, they will be taken to jail for the night just as if they had had a blood-alcohol level of 0.8 or higher; their license will also be suspended. However, the person will be charged with a civil penalty, rather than a criminal penalty like a DUI.

Another upside to refusing to submit to the breath test is that there will be less evidence that you were driving under the influence if you actually were driving under the influence. This refusal and lack of evidence will make it easier for an experienced Jacksonville DUI lawyer to fight the case and have it reduced or dismissed.

Florida has a 10-day rule, which says that if one obtains a lawyer within 10 days, the lawyer can try to re-obtain your license before it is officially suspended. If the lawyer is able to stop your license from being suspended, you may not lose your license at all.

If one’s blood alcohol level is above 0.15, in Florida, that person must have an ignition interlock installation installed in their car.

The way an ignition interlock works is basically the same way that a breathalyzer test works. The ignition interlock is attached to the vehicle itself. The person driving must have a low blood alcohol level to start the vehicle and may be required to give a sample of their blood-alcohol level while driving. These tests are expensive and a major hassle to everyone who has been charged with a DUI in Jacksonville.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight for their case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "Jacksonville Warned Of DUI Dangers During Florida-Georgia Festivities" »

Jacksonville police can be overzealous in their efforts to make arrests of drunk drivers. While citizens don't want to be victimized by a drunk driver, drivers don't want to be labeled drunk drivers without proof.

Those charged with DUI in Jacksonville must be prepared to take an aggressive approach when defending themselves against the charges. Jacksonville DUI defense lawyers and others have been fighting to cut down on the use of breathalyzers in DUI cases statewide and also scrutinize field sobriety tests and the initial traffic stop in many cases.

State v. McCave, a case out of Nebraska, shows why inexperienced police officers can go too far and take too many liberties.

In this case, McCave was in his car, parked in the driveway of his father's house. When he refuse to leave, his father called police. when officers arrived, they arrested him for DUI, even though he was sitting in the driveway, not driving the vehicle. He was charged with DUI, refusing to submit to a chemical test, trespass and possession of an open container.

At trial, he was convicted of all charges. But on appeal the Nebraska Supreme Court ruled that his arrest for DUI was unlawful because police didn't have probable cause to arrest him. Therefore, all evidence from the DUI investigation should be tossed out of court. The convictions were overturned and the court granted a new trial on the trespass charge.

In order for an officer to begin a DUI investigation, he or she must have probable cause -- or sufficient reasoning to believe a crime is being committed -- in order to proceed. In the case of McCave, police had no reason to suspect he was "driving" under the influence after simply responding to a call of a disturbance at a house.

If all the evidence presented to jurors is withheld -- a beer can, his statements, his refusal to take a chemical test -- his trial goes in a much different direction. He can no longer be painted as drunk and uncooperative.

"Here, we cannot conclude that the admission of this evidence did not materially influence the outcome of the case," the court wrote."Because the county court did not suppress this evidence, we reverse the judgment of conviction for the DUI charge."

Evidence at trial showed that he had actually given his car keys to a friend that night after several hours of drinking. He had walked or gotten rides to a bar and liquor store on the night in question, but hadn't driven. He and two others had gone outside and only put the keys in the ignition to turn the radio on. It was only after refusing to turn the music down that police were called and he was dragged away to police headquarters.

Despite no evidence he was driving, police took a trespassing case and turned it into a DUI case, without just cause.

Continue reading "State v. McCave Shows Over-Aggressive Nature of DUI Investigations in Jacksonville" »

The fight continues by Jacksonville DUI defense attorneys and those across the state who are fighting the breath testing equipment that has been shown to be faulty.

As two recent newspaper articles have recently commented on, Florida's breath machine, which is certified by the Florida Department of Law Enforcement, has come under fire for producing incorrect results for drivers charged with DUI in Jacksonville and throughout Florida.

With so much on the line -- from criminal penalties such as jail time, fines and fees and DUI School enrollment to personal penalties, including humiliation, job loss, problems with family and friends -- law enforcement ought to ensure these defendants get a fair trial. That includes using proper equipment.
When a person gets arrested, it should be based on sound information and evidence, not faulty machines that either have been manufactured incorrectly or not calibrated by police officers.

But as the Sarasota Herald-Tribune reports, breath machines have been producing impossible results that have been used to convict people. For instance, in some cases, a person would blow 10 to 12 liters of breath into the machine. That may not sound like much on the surface, but consider that the maximum lung capacity is 5 liters. That means the machines are inherently flawed.

Prosecutors in Sarasota and Manatee counties recently threw out breath testing evidence in more than 100 cases because of problems with the results that were being displayed.

In Naples, The News-Press reports, attorneys have been attacking the breathalyzers used exclusively by law enforcement -- the Intoxilyzer 88000 -- saying that the law is unconstitutional. Attorneys have fought for years to get the code used by the Intoxilyzer's Kentucky-based company. It's the only area of law where defendants don't have access to evidence.

By not allowing defendants to view what makes a breath machine tick, they are having a major piece of evidence withheld and the law allows for the defendant to be able to analyze any piece of evidence that is brought against them in a criminal trial.

A Naples judge is expected to soon hear the argument that the state's DUI law is unconstitutional based on the faulty breath test results and the defendant's right to have the source code for the machines that lead credence to police DUI arrests.

That prosecutors on the state's west coast have already begun throwing out the results of these faulty tests shows that change may be coming. That is a big step. That a judge will consider argument about the issue is another positive sign for defendants.

Hopefully, Jacksonville prosecutors will step up next and do the right thing. They work hard for convictions, but they must keep in mind that the trial should be fair and not tainted with inaccurate evidence.

Continue reading "Jacksonville DUI Breath Testing Being Challenged as Unconstitutional" »

A Florida man was recently arrested after attempting to use a taco as identification when confronted by police outside a South Florida Taco Bell, the Miami New Times reports.

Florida is known for its odd news, and cases of Jacksonville DUI are no exception. But these cases are no laughing matter.

Being arrested for DUI in Jacksonville can not only lead to a hit to one's reputation, but also job loss and other serious financial consequences. That doesn't include the penalties that are possible under Florida's DUI laws:

-driver's license suspension
-up to 6 months in jail
-up to 1 year on probation
-DUI School enrollment
-vehicle impoundment
-ignition interlock device installation and monthly access fees
-court fines and fees

Jacksonville DUI defense lawyers have seen many people who have lost colleagues, friends and reputations after being charged with this crime, which amounts often to a one-time mistake. There are many defenses to consider when facing this charge and they should be considered from the start.

In this case, a Jensen Beach man was arrested after his car caught fire outside a Taco Bell restaurant. He was there around 1 a.m. after having allegedly drank during the night. He pulled his truck through the drive-through and got his food before falling asleep at the pick-up window.

The store's manager called police and when deputies arrived, they asked the man for identification. He allegedly reached into his bag and offered a taco. When law enforcement clarified they were asking for his identification, he allegedly chuckled and began eating his taco.

When officers noticed the man had fallen asleep with the truck in park, but his foot on the accelerator, they saw that the engine had caught on fire from the friction. They used fire extinguishers to put out the flames.

After agreeing to take a breath test, the man's blood-alcohol content was between .225 and .227, which is more than two times the state's legal limit. He now faces a DUI charge.

This man must now move past the humiliation of the situation and focus on fighting the charges he faces. If the breath test results are let into trial and he is convicted, he may also have the added penalty of dealing with an ignition interlock device. In Florida, those who have a blood-alcohol content of .15 or higher must install the device for six months.

This device is like a breath test, except it is attached to a person's vehicle. They must not only pay for the service, which can be costly, but must have a low blood-alcohol content level for the vehicle to start. It also may ask for a sample as the person is driving.

This is an added hassle and expense brought on by a DUI charge in Jacksonville. Fighting the charge is the only choice for someone put in this position. Don't allow the state to run you over. Fight back.

Continue reading "Man Tries to Use Taco as ID in Jacksonville DUI Case" »

First Coast News is reporting that a pedestrian killed recently in a vehicle accident was only three miles from his home when he was struck by a car.

The news station is reporting that the 32-year-old was walking on Blanding Boulevard around 2 a.m. one weekend early morning when he was struck by a vehicle heading south. The news report doesn't suggest alcohol was a factor, though the Jacksonville Sheriff's Office says its investigation into the incident is ongoing.

DUI accidents in Jacksonville and throughout Florida carry steep penalties and can result not only in prison time, but also fines and fees, an ignition interlock device being installed, probation costs and other conditions. Because the penalties are so severe, an experienced Jacksonville DUI Defense Attorney must be consulted in order to ensure the rights of the accused are protected from the earliest stages of such cases.

Even if alcohol isn't a factor, negligence can result in a charge of vehicular homicide. Vehicular homicide, according to Florida Statutes 782.071, results in the killing of someone while operating a motor vehicle in a reckless manner.

Reckless is a vague word, but typically means driving in a way that could kill someone if not controlled. Certainly, driving off the road and hitting a pedestrian or bicyclist could qualify for this charge. If convicted, the charge could result in up to 15 years in prison.

But in pedestrian-related accidents, many times it's not the driver's fault, regardless of whether they have been drinking or not. Certainly, if the state can prove the driver was under the influence of alcohol beyond the .08 legal blood alcohol level, that person can be charged with DUI. But even if they are under the influence and are in an accident that causes injury or death, it doesn't mean they're guilty of causing the crash.

At 2 a.m., a pedestrian in dark clothing can be almost impossible to see, as can a cyclist or a child who darts out into the road. Even with crisp reaction times, this can lead to an accident. Other vehicles, even those driven by sober drivers, cause accidents. So, the state must prove the accident was either the result of driving under the influence or reckless driving or negligence.

The simple fact that a person died and there was an accident isn't enough to prove beyond a reasonable doubt that a person is guilty of DUI manslaughter or vehicular homicide in Jacksonville.

Either charge can carry a 15-year prison sentence, on top of the aforementioned possible penalties. The public stigma the charges carry can ruin careers and breakup families, even before a person goes to trial or faces any type of resolution to the case.

Continue reading "Jacksonville Pedestrian Accident Could Lead to Charges; Unclear if Alcohol Was a Factor" »

The spokesman for the Jacksonville Mayor was arrested and charged with DUI in Bradford County, according to The Florida Times-Union.

The newspaper reports that the man was stopped for allegedly speeding on U.S. 301. After the law enforcement officer began conducting a DUI investigation, the driver refused to submit to a breath test, resulting in an automatic one-year driver's license suspension.

Refusing a breath test in a Jacksonville DUI arrest is a strategic decision left up to the driver. While it is guaranteed to result in a driver's license suspension, it also can withhold key evidence the state could use in its prosecution of a driver on DUI charges.

Florida is considered an "implied consent" state, meaning that by driving on the state's roads, you automatically agree to consent to a breath test during a DUI investigation. That's why a driver gets penalized for refusing to submit a breath test. Whatever the decision made by the driver, an experienced Jacksonville DUI Defense Lawyer should be consulted in order to provide the best possible representation in your case.

The newspaper has yet to receive an arrest report because the agency says the officer who made the arrest has been in training classes. Neither urine nor blood tests were performed. The spokesman, a former Times-Union columnist, makes $98,000 a year. He is on administrative leave.

A breath test is a key piece of evidence highly cited by prosecutors in their efforts to convict drivers for driving under the influence. A breath test is so crucial because it gives the state a reading that can be measured against the state's .08 blood-alcohol content level.

As most people are aware, a driver is considered under the influence if his or her blood-alcohol content level is .08 or greater. Unfortunately, only one type of breathalyzer is used in Florida and criminal defense lawyers throughout the state are attempting to get access to its computer code to determine what flaws the machine may have.

It's already been well documented that the devices don't always give proper figures and can be hampered by manufacturing defects, the weather and calibration problems by the officers themselves.

Therefore, they must be challenged in court. Many times, these results can be thrown out of court if they have these types of problems. But only an experienced and aggressive Jacksonville DUI Attorney will have the foresight to scrutinize this evidence in an effort to defend against the charges.

Because the penalties are so severe -- jail time, probation, fines and fees, DUI school and possibly installing an ignition interlock device -- no stone can remain unturned in defense of the client. Don't leave your case up to just anyone; make sure you trust an experienced lawyer to defend against your DUI.

Continue reading "Jacksonville Mayor's Spokesman Charged With DUI" »

Because of a statewide battle about a breath testing machine used in DUI cases, Florida taxpayers could spend as much as six figures a year to prosecute DUI cases over a $6,000 machine, the Sarasota Herald-Tribune is reporting.

Jacksonville DUI Defense Attorneys, as well as lawyers across the state who represent drivers charged with DUI, have fought with state prosecutors and the makers of the Intoxilyzer 8000, a machine used to measure the blood-alcohol content level of drivers suspected of DUI.

After attorneys successfully argued that obtaining the computer code that makes the machine work, subpoenas were sent to the Kentucky company to reveal the information after favorable rulings by judges in Jacksonville DUI cases and other cases throughout the state.

So far, the company has ignored those subpoenas and refused to release the information. Defense attorneys have successfully argued that because the machines are used in so many DUI cases and their readings can be compelling evidence against a defendant, the defendant has a right to review the information.

Because of the company's refusal to provide the information, prosecutors on Florida's southwest coast are spending $3,000 per case to fly in experts who can testify about the machines and their readings in order to secure convictions. Adding it up on a yearly basis could total six figures and that's just in one area of the state. Prosecutors are going to cost taxpayers millions of dollars in order to go after drivers suspected of DUI.

The five-year ongoing battle between the state, the defense and the breath-testing company has caused the state to offer lower plea agreements and even drop charges because of the work of aggressive criminal defense attorneys. And now they're going to hit taxpayers in the wallets and purses. Prosecutors have even asked judges to make defendants pay for the costs, though judges have been unwilling.

The newspaper reports that the Intoxilyzer 8000 is the only machine approved by the Florida Department of Law Enforcement, so officials can't just go by another machine to use. And FDLE isn't planning on changing which machines can and can't be used in the state.

This is a conundrum for the state and, luckily, judges have been unwilling to shift the burden of paying for this added expense to defendants. But it is just another step by Florida prosecutors to try to come down hard on suspected drunken drivers.

This crime is not only unsophisticated but typically committed by accident. And despite the characteristics of the crime, it is one of the most heavily penalized crimes on the books. Even a first-time offender can face thousands in fines and fees, probation, jail time, mandatory DUI school attendance, an ignition interlock device and other penalties. These charges must be aggressively defended and that includes fighting unreliable breathalyzer results. .

Continue reading "Cost of Jacksonville DUI Could Increase Because of State Mess-Up" »

A 39-year-old Jacksonville man faces a murder charge after he allegedly crashed his truck into a barrier on Interstate 95 in Jacksonville, The Florida Times-Union reports.

The charge stems from an allegation that he killed a woman he was sharing a home with.

Murder charges in Jacksonville require an attorney with extensive experience handling these kinds of cases because a person's liberty, and possibly their life, is at stake. An experienced Jacksonville Criminal Defense Lawyer must be consulted and used on a case of this magnitude.

According to the news article, a 61-year-old woman was found dead by her daughter recently. Police said there were no signs of forced entry into the home.

The man was arrested by authorities after he allegedly drove a truck into a barrier on the highway. Police said he went into medical distress during police questioning after his alleged use of Fentanyl patches. He was taken the hospital and later re-questioned. For the alleged driving under the influence, he was charged. He also faces a charge of murder.

The article, however, doesn't make clear why police believe the woman was killed by another person and why they believe this man committed the crime. The article states the two lived together, but that isn't proof he did the act.

The fact that there were no signs of forced entry doesn't necessarily show that this suspect committed the crime, either. It's possible the woman was at home and let inside someone else she trusted. Additional details might make clear why investigators narrowed their search solely to the woman's roommate.

What's left unsaid in the article is what the defendant may have told police during questioning. It is important for anyone who is a suspect in a crime or has been arrested and charged with a crime not to speak with police without first talking with an attorney.

Courts have ruled that police are allowed to lie to suspects. They can say they have evidence they don't; they can tell suspects they have three witnesses who saw the person around the crime scene when they have nothing and they can say a co-defendant fingered them when they haven't.

A detective's goal isn't to make friends with a suspect or treat them fairly. The detective's only goal is to get a confession. His or her job depends on it and they constantly get pressure from their bosses, especially in a murder case. So, the best advice for someone who finds themselves sitting in a small room at a desk in police headquarters with two officers is not to sign a waiver of rights and simply say they aren't speaking until they get a lawyer.

Continue reading "DUI Arrest in Jacksonville Leads to Murder Charge" »

A 38-year-old woman was recently arrested and charged with DUI in Jacksonville after she allegedly crashed into a fence while carrying five children.

DUI can be one of the most embarrassing charges for which a person can be charged because of the stigma attached. Yet, it is the most common charge a person can face. It is perhaps the least sophisticated crime -- there is rarely any planning to commit it. But while most people face a misdemeanor offense, it's penalties are far more severe than other misdemeanor offenses, such as theft crimes or even forms of assault.

Jacksonville DUI Defense Lawyers have seen careers ruined, family situations become more stressful and spirits drained after an arrest, which is no proof a crime has been committed. But fighting the charge and coming either to a plea resolution or a not guilty verdict at trial can go a long way toward clearing a person's name and restoring order to their life.

An experienced lawyer can help fight the charges based on the facts, police action or inaction, witness credibility and many aspects of the case. A person facing a DUI charge is usually shell shocked at the prospect of being thrust into the criminal justice system and they don't know what to expect. But consulting with an attorney should be the first thing a person does in order to preserve their rights and give them the best opportunity at defending the charges.

According to the newspaper, the woman blew a tire and swerved into a fence near a trailer park after hitting a curb on 103nd. St. An off-duty police lieutenant working security nearby saw the car and realized the woman was driving with five child passengers.

The article states that when the off-duty officer ran up to the vehicle, he knocked on the vehicle and a woman opened the door, spilling an alcoholic drink on her shirt and onto the ground. Inside, there were five children, ages 5 to 15. The witness described the woman as unsteady as she stood and nearly fell over as they were talking.

The children told police the woman started to weave and hit the curb. Some tried to grab the wheel to try to prevent a crash, but the driver allegedly swerved on purpose and lost control of the car, striking a fence. The woman now faces charges of DUI causing damage, leaving the scene of an accident and possession of an open container of alcohol.

What many people don't consider are the severe penalties that DUI convictions bring. According to the Florida Department of Highway Safety and Motor Vehicles, the penalty even for a first-time offender can result in fines of up to $2,000, up to nine months in jail included in up to a year on probation, completion of a DUI school course, 50 hours of community service, vehicle impoundment and possible installation of an ignition interlock device.

Those are steep penalties for a crime that wasn't orchestrated and didn't involve injury to people, loss of money or other crimes that involve victims. Because of that, fighting the charges aggressively is the only option.

Continue reading "Jacksonville Woman Faces DUI Charges After Crash" »

Jacksonville Criminal Attorney Blog recently posted about an accident in Nassau that has left a 24-year-old woman with life-threatening injuries. According to News4Jax.com, Florida Highway Patrol troopers are awaiting blood testing to determine if the 41-year-old driver who they believe caused the accident was under the influence.

While the man hasn't been charged with any DUI-related crimes, it is important to note that DUI charges in Jacksonville and throughout Florida are serious and require the advise and counsel of an experienced Jacksonville DUI Defense Attorney. An arrest proves no guilt and should be treated with skepticism and fought vigorously in court.

According to the news station, a vehicle ran a stop sign, hitting a second vehicle and causing extensive damage. A third vehicle was also involved. For now, the 41-year-old driver is charged with running a stop sign, careless driving, failing to stay in marked lanes and driving to fast for the conditions.

At this point, authorities don't know if the man was under the influence of drugs or alcohol, but they suspect alcohol was a factor.

While the effects of alcohol may be more obvious to law enforcement as well as to the lay person -- bloodshot eyes, swaying while standing, slurred speech and other signs -- the effects of drugs aren't as obvious.

A National Highway Traffic Safety Administration report recently looked at how many drivers are guilty of driving under the influence of drugs, rather than alcohol. The agency reports that the number of drivers with drugs in their system has increased, though not all drivers are tested.

Some drivers refuse to be tested, so the numbers are a bit skewed. Others involved in fatal accidents are not tested.

But according to the agency's research, 18 percent of drivers involved in fatal accidents were under the influence of drugs in 2009, up from 13 percent in 2005. While that may seem significant, only 63 percent of those drivers were tested and only 56 percent in 2005.

So, while the government believes cases have increased, law enforcement is inadequately trained to examine these drivers. According to the Institute of Police Technology and Management, a Florida-based training facility says that there are only about 5,000 officers worldwide certified as a drug recognition expert, which is less than 1/10 of 1 percent of all law enforcement officers.

We take this "training" with great skepticism. Like field sobriety tests, you are likely to be found guilty until proven innocent; it's an officer's job to collect evidence of your guilt.

For instance, marijuana can stay in a person's system for more than a month, so if a driver who has smoked marijuana gets into a car accident and is tested for drugs, that driver could face DUI charges even though they weren't under the influence of the drug. And with so few law enforcement officers trained to detect how drugs effect a person's ability to drive, you could see how a person could be wrongly stopped and arrested.

And that's where hiring an experienced Jacksonville Criminal Defense Attorney comes into play. A lawyer will aggressively defend the claims that the suspect was under the influence of drugs at the time of arrest and seek to get charges dropped by the state. Call today so we can protect your rights.

Continue reading "DUI Drug Charges in Jacksonville Deserve Aggressive Defense " »

Jacksonville DUI Defense Lawyers have recently reported on our blog about an accident in Nassau that has left a woman in the hospital with life-threatening injuries, as reported by News4Jax.com.

Florida Highway Patrol troopers suspect the driver of the vehicle that allegedly cause the accident could have been under the influence of drugs or alcohol. They are awaiting blood test results before determining whether or not to file DUI charges. DUI charges in Jacksonville are serious and require a vigorous defense in court.

DUI is the most commonly filed charge in the United States. In fact, it can happen to anyone and it does. Police officers, politicians and others can drink too much and get behind the wheel -- or at least be accused of doing so.

But sometimes, law enforcement officers make mistakes, just like everyone else. It's possible that officers misinterpret a driver's actions and level of intoxication and arrest people who don't deserve to be arrested.

And one of the tactics officers use is breath testing of DUI defendants. But while this is typically an integral part of a DUI investigation and prosecution, it doesn't come without controversy.

Breathalyzers, as the devices are commonly called, typically contain a little tube attached to a device. Officers ask a driver if they will submit to a breath test by blowing into the tube.

Refusal to blow into the tube will result in a driver's license suspension, but that, too, can be fought in a different type of court proceeding called a driver's license administrative hearing. A Jacksonville DUI Attorney should be consulted for that hearing as soon as possible because a person arrested for DUI only has 10 days to request a hearing. It is an entirely separate type of hearing and it's possible to retain a driver's license while their criminal case is pending.

But if a person does blow into the device, it will register a number that is supposed to tell the officer what the driver's blood-alcohol content level is. In Florida, the legal limit is .08. And while officers rely on these devices to prove a person's guilt, these devices only estimate, but can't measure, a person's blood-alcohol content level.

Outside factors such as the weather or even what a person ate for dinner can affect the output. That's because gases in a person's stomach can affect the breath that comes out of their mouth and registers with the devices. Plus, because there is no blood drawn, the device can't accurately report the level of alcohol in the blood.

It's also possible that faulty software can affect these machines and it has been reported that law enforcement across the country haven't properly calibrated these machines and they haven't performed regularly scheduled maintenance that can affect their accuracy.

In fact, CBS News in Tampa recently reported about a battle that many DUI attorneys are fighting with the makers of the Intoxilyzer 8000 to obtain the software code to the machines to determine if DUI defendants have been falsely convicted. It's a real problem that Jacksonville DUI Attorneys are prepared to fight head-on for our clients.

Continue reading "Breath Testing in Jacksonville DUI Cases Must Be Challenged For Accuracy" »

Jacksonville DUI Attorneys recently posted a blog about an accident in Nassau in which Florida Highway Patrol troopers suspect the driver was under the influence of drugs or alcohol, WJXT reports.

Law enforcement officers report that the driver blew through a stop sign, causing a three-vehicle collision that caused a woman to suffer injuries that have kept her in the hospital.

Troopers have cited the 41-year-old driver with running a stop sign, careless driving, failing too stay in lane and driving to fast for conditions. The news agency reports troopers are awaiting blood testing results to determine whether the evidence supports filing DUI-related charges.

All the facts of the case aren't clear, but any DUI case should be fought vigorously by an experienced Jacksonville DUI Defense Attorney. While most people are charged with a misdemeanor if they face DUI charges in Jacksonville, the penalties nonetheless in these cases are steep. An cases involving an accident frequently lead to felony charges.

A defendant faces:

-Fines of $500 to $1,000
-50 hours of community service
-Probation of up to 1 year
-Jail time of up to 6 months
-10 days vehicle impound
-DUI School completion

One of the ways law enforcement officers secure convictions in these cases is by making drivers suspected of DUI take field sobriety tests. According to the National Highway Traffic Safety Administration, there are only three recognized field sobriety tests officers should conduct:

Horizontal Gaze Nystagmus:

Horizontal Gaze Nystagmus is an involuntary jerking of the eye that happens as the eyes gaze to the side. When a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. A person affected by alcohol may also have a tough time following an object.

Walk and Turn:

Most people can recognize this test as when an officer makes a person listen and follow simple physical movements that a person under the influence of drugs or alcohol may have difficulty doing. In this test, a person must take nine steps, heel-to-toe, along a straight line and return in the opposite direction. Balance, walking in a straight line and ability to follow directions are what officers consider.

One Leg Stand:

In this test, people are required to stand with one foot about six inches off the ground and count aloud by thousands until told to put the foot down. The officer times the driver for 30 seconds.

An aggressive Jacksonville DUI Lawyer will challenge any field sobriety test results law enforcement officers attempt to bring into evidence. They can be challenged by showing that the officer wasn't properly trained to conduct the tests or other factors were involved in the results. In fact, motorists are not obligated to participate in the tests and may refuse to do so.

An attorney can also show that the weather conditions or an existing physical ailment made conducting the tests fairly impossible. Slick pavement on the side of a road covered with gravel, grass and pebbles can make performing these tests difficult.

And problems with a person's legs, knees and feet, circulatory system, respiratory system or other pre-existing conditions that affect a person's body can make performing these tests almost impossible. Our firm will fight to challenge all aspects of a DUI case, including the field sobriety testing that an officer performs on a DUI suspect.

Continue reading "Field Sobriety Testing in Jacksonville DUI Cases Can Be Beaten" »

A recent story by News4Jax.com reports on the case of a woman involved in a three-vehicle accident recently in Nassau County that may have involved drunk driving.

According to the news report, a 24-year-old woman with two children was critically injured when a vehicle allegedly ran a stop sign and crashed into the vehicle the woman was in. Florida Highway Patrol reports they believe the crash was alcohol-related.

Jacksonville DUI Defense Attorneys understand the emotion involved in these types of cases, but one must remember that when charges are filed by law enforcement and prosecutors, the defendant has a right that all Americans have to a fair trial and an aggressive defense. And in DUI in Jacksonville, that involves many aspects of a case.

According to the news report, the family of the victim recently set up a Facebook event asking drivers to turn their lights on from 6 a.m. to 9 p.m. one recent day. The event was backed by more than 2,700 people and included many comments.

While doctors told family members the woman shouldn't have survived, she remains at Shands-Jacksonville Medical Center receiving care in critical condition.

In this case, Florida Highway Patrol troopers have charged the driver of the other vehicle, a 41-year-old man, with running a stop sign, careless driving, failing to stay in a lane and driving too fast for the conditions. The news article reports troopers are waiting on blood testing results before filing additional charges.

But the article doesn't answer several questions, such as why the man was cited for charges like failing to stay in a lane and driving too fast for the conditions. Without a trooper as an eye witness, it would be difficult to determine how fast he was driving. And unless the weather was extremely bad, it would also be difficult to prove whether he was driving too fast for that street based on the weather. These are opinions. An independent accident investigation may be warranted.

DUI charges can be difficult because the charge itself carries with it a stigma. And legislators have gone out of their way to add strict penalties to this misdemeanor charge, far more than other misdemeanors.

According to the Florida Department of Highway Safety and Motor Vehicles, the penalties for DUI in Florida can vary, depending on many factors, such as the driver's blood-alcohol level and whether there were injuries or a death involved.
In general, the penalties for even a first-time DUI conviction are as follows:

-Fines of $500 to $1,000
-50 hours of community service
-Probation of up to 1 year
-Jail time of up to 6 months
-10 days vehicle impound
-DUI School completion

While the fines are low, probation, DUI school, vehicle impoundment and possible community service require payments, making it a very expensive crime. The state estimates a DUI conviction can cost a defendant as much as $20,000!

But an arrest is simply an arrest and doesn't provide any proof, despite the popular belief by many in public. That's why hiring an experienced Jacksonville DUI Lawyer is critical to the defense of this crime and any other crime alleged by the state.

Continue reading "Nassau County Accident May Have Involved Drugs, Alcohol, Law Enforcement Says" »