Jacksonville Criminal Attorney Blog

Oklahoma Judge Mike Norman is defending his decision to require 17-year-old Tyler Alred to attend church for 10 years as part of a deferred prison sentence for manslaughter in a fatal car crash. The Judge told ABC News this was not the first occurrence of such a requirement under his service. “The Lord works in many ways,” Norman said. “I’ve done a little bit of this kind of thing before, but never on such a serious charge.”

Norman sentenced Alred after his guilty plea in the August crash that killed a passenger in Alred’s car. Police say Alred had been drinking before the accident. Norman also required Alred to finish high school and complete welding school. The defense and the victim’s family both supported the requirement and an appeal is unlikely.

In Florida, there are many forms of alternative sentencing possibilities for offenders, including drug court, diversion programs and other sentencing measures that involve little or no incarceration time. Particularly for juvenile offenders, there are many alternatives to jail time that can allow the juvenile to move on without the scars of a prison sentence.

In Florida, a “youthful offender” (YO) is any juvenile who is sentenced as such by the court or is classified as such by the Department of Corrections. There are two ways by which a defendant can become entitled to the benefits of the YO statute:

- the trial court can sentence the defendant as a YO, or
- the Department of Corrections can designate a defendant who was sentenced as an adult to be a YO.
One may be sentenced as a Youthful offender if:
- One is 18 years of age or one has been transferred for prosecution to the criminal division of the circuit court.
- One is found guilty, one pleas guilty, or pleas nolo contendere (no contest), to a crime that is a felony if one is younger than 21 years of age at the time sentence is imposed; and
- One has not previously been classified as a youthful offender; however, a person who has been found guilty of a capital or life felony may not be sentenced as a YO under the Youthful Offender Act.

Typically, when one is classified as a YO and is sentenced, the court may place one under supervision on probation or in a community control program, with or without an adjudication of guilt, under such conditions as the court may lawfully impose for up to six years. This period of time cannot exceed the time of the sentence for which one was found guilty.

Adolescents are involved in accidents like Alred was every day. Not every one of those individuals were intending to hurt anyone and are just teenagers making bad decisions. One in a situation like this should obtain an experienced Jacksonville juvenile crimes defense attorney to fight the case and ensure one’s rights and defenses are known and protected.

Continue reading "Oklahoma Judge Defending Juvenile Offender’s 10-year Church Attendance Probation Requirement" »

Jacksonville’s citizens make mistakes at times and the legal system is aware that people are not perfect. Sometimes though, people continually make the same mistakes over and over again. A person in this situation will be looked at by the court as hopeless. However, if one in a situation like this obtains an experienced attorney to fight for one’s case, one will have the best defense possible so that one may attempt to fix one’s problems and rise to a better future.

According to The North West Florida Daily News, David Mark Mosher of Santa Rosa Beach has been arrested for a carless driving and a DUI after hitting a Crestview Police Department vehicle. The Florida Highway Patrol said the police officer had parked his vehicle on the inside lane of State Road 85 just north of State Road 20. The vehicle had its lights flashing and was unoccupied while the officer worked a traffic crash. Mosher was taken to the hospital and was later released and arrested for driving under the influence.

Jacksonville DUI cases typically involve someone who has had a little bit too much to drink. This does not mean that the person is intentionally trying to hurt others on the road. However, the police and prosecutors will attempt to paint a picture of just that: a person who has no concern for himself and others. Unfortunately for the accused, most attorneys do not dig deep enough to understand what is going on in the mind of the defendant, especially the mind of defendant with possible substance abuse issues.

Some people convicted of DUIs are sentenced to DUI probation, an alternative to serving prison time. A common misconception regarding DUI probation is that one has a right to a DUI probation; on the contrary, one does not. Whether a court grants one a DUI probation sentence is solely the court's decision. If granted DUI probation, there will be various conditions to associated with the probation.

DUI probation conditions may include

- wearing an alcohol-monitoring device;
- submitting to random sobriety tests;
- limiting driving privileges;
- paying court costs or fees as ordered;
- avoiding any major moving violations or criminal violations;
- attending alcohol counseling; and/or
- submitting to alcohol evaluations.

One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight for their case. Do not allow your life to be ruined by a DUI charge. Defend yourself.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

In this case, it is easy to see Mosher is an irresponsible driver, as he was charged with careless driving on top of a normal DUI charge, as well as hitting a parked police vehicle with its emergency lights on. However, Mosher most likely did not mean to hurt anyone. With the help of an experienced attorney, Mosher could plead with the court for a sentence that would have allowed him to go through driving school, go through an alcohol rehabilitation program, or court-appointed therapy. These options might allow him to be able to move on with his life as a new individual, rather than spending a long period in jail.

Continue reading "Florida Man Charged With DUI After Crashing Into Police Cruiser" »

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.

The Georgia State Patrol and the Florida Highway Patrol are once again teaming up to remind game-day fans to make sure they have a sober driver when UGA plays the Florida Gators in Jacksonville on Oct. 27. 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.

Sobriety checkpoints in Jacksonville involve law enforcement officials stopping every vehicle or every other vehicle on majorly traveled highways or other public roadways and investigating the possibility that the driver might be too intoxicated to drive. The police often set up these checkpoints late at night or in the very early morning hours and on weekends, at which time the number of impaired drivers tends to be the most. Checkpoints are also often set near the exit points of public locations where alcohol is consumed, to prevent large numbers of drunk drivers from being released into traffic simultaneously from the location.

With a mobile breath test, the police can test the drivers quickly and process the cars one by one as in a conveyor belt. Upon suspicion, the stopped driver may be required to exit the vehicle and take a roadside sobriety test that requires the demonstration of both mental and balance skills.

These tests and exercises are supposedly designed to test "divided attention", a critical skill in operating a motor vehicle. However, there are many people who, for many different reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest.

Furthermore, to limit the intrusion to the public, Florida Courts have found that law enforcement must abide by written guidelines that limit the discretion of the officers in the field to prevent arbitrary enforcement. Where a DUI Roadblock plan allowed the supervising deputy discretion to “adjust” the written guidelines while conducting the checkpoint, the Court found that stops related to that plan were unconstitutional.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Florida-Georgia Police Prepping For Weekend Checkpoints" »

Many times, citizens commit crimes out of foolishness, and learn their lesson via probation. However, those actively on probation, as well as former probationers are often times accused of violations of probations because of simple, sometimes harmless errors in judgment. If one has been arrested for a probation violation, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to ESPN, Trevor Mbakwe was arrested for driving while intoxicated (DWI). Mbakwe pleaded guilty and was sentenced to one year of probation and community service. Mbakwe is still on probation in Florida, the remnants of a plea agreement forged after a felony assault charge from 2009. Mbakwe had originally been sentenced to work through a pre-trial diversion program, but was bounced from the program in January 2011, when an ex-girlfriend reported a Facebook message Mbakwe posted on her wall, violating a restraining order.

Some defendants who are arrested for their first DUI in Jacksonville are able to get into a program known as Pre-trial Intervention (PTI). The PTI program is administered by the State of Florida through the Department of Corrections (DOC). Eligible individuals who enter into a PTI agreement will be required to participate in a supervised program similar to probation, except at the end of the intervention term, if all conditions are successfully completed, the felony charge will be dismissed.

Typical conditions of PTI supervision require monthly reporting, payment of supervision fees, community service and appropriate counseling or treatment if deemed necessary after an evaluation. PTI agreements can be fit to the needs of particular defendants depending on the nature of the charge. The PTI program provides eligible defendants charged with a crime the opportunity to be diverted from traditional criminal sentencing alternatives and the ability to avoid a criminal conviction record and the likelihood of some form of incarceration.

Some jurisdictions require signed contracts for PTI, while others require an admission of guilt, calling the contract a “Deferred Prosecution Agreement.” As a general rule, PTI is one of the best and most sought after arrangements by defense attorneys, and is available to only a very small percentage of defendants. Some clients refuse PTI; at that point, the State Attorney’s Office will file the case, deeming the client as a “PTI-Reject.”

There are many benefits to entering a PTI agreement, including:

- Reducing the likelihood for those who successfully complete PTI to be repeat offenders
- Avoiding potential criminal charges
- Avoiding a potential permanent criminal record
- Receiving counseling or psychological treatment
- Having one’s criminal record of arrest expunged, if eligible
- Avoiding the stress and cost of a criminal trial

Even if one is not eligible for the Pretrial Intervention Program, with the help of an experienced Jacksonville probation violations defense attorney, one could persuade the Judge to render a much lighter punishment that would involve counseling, house arrest or a slightly longer probation, rather than just incarceration.

Continue reading "College Basketball Player May Face Jail Time For Probation Violation In Florida " »

Jacksonville is filled with citizens who love to have a good time and consume alcohol legally. However, some choose to get behind the wheel of a car and drive impaired. Others become victims of a subjective test that may not be correct, leaving one in handcuffs. If one has been arrested for a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Florida-Today, Lawyers at Eisenmenger, Berry & Peters in Viera, Florida filed a petition with Florida’s Division of Administrative Hearings this week, challenging the use of the Intoxilyzer 8000 as a breath-testing device in impaired-driving prosecutions. The firm alleges a conscious and deliberate effort by the Florida Department of Law Enforcement (FDLE) to withhold information about failures by the Intoxilyzer 8000 during its initial approval testing in 2002, according to a written statement from the firm.

Jacksonville’s DUI cases vary in situation, but all have a common element: An officer is planning on using evidence obtained from a test, procedure or exercise to determine if one is driving impaired, and whether the officer will take one to jail. However, that evidence obtained may not be accurate, leaving room for doubt whether there was an illegal action at all.

There are many tests, procedures, and exercises that police officers may use for determining whether one is intoxicated. However, methods such as blood sample analysis, breath test machines, or field sobriety exercises are subject to much more human involvement, leaving the door open for possible tampering, tainting, or destruction of evidence.

Jacksonville Criminal Attorney Blog has been following the rising challenges to the Intoxilyzer 8000. The major concern defense attorneys have had with the machines is the machines were giving vastly inaccurate results, and the errors were never reported. According to the firm in this particular case, when the device was initially approved, it failed three or four critical tests. However, FDLE went ahead and secured approval to use the device without notifying the public or state government officials of the test results.

Under the principles of administrative law, the police and other officers of the state must follow proper procedure in approval and use of any items, methods, practices, or policies that effect that agency. If that particular item up for approval does not abide with the minimum standards set by the agency governing, then the item must not be adopted into practice.

One of the major problems with the machine is the flow sensor, which does not accurately read how much air the user is blowing into the device, as well as a smoke problem that arose from the machine. Smoke and other factors that might cause error in the test causes the evidence obtained from that test to be unfairly prejudicial.

If an administrative law judge says FDLE did not follow the law in approving the machine, an experienced attorney would be able to file a motion to suppress the evidence obtained from the machine, making it very difficult for any judge in the trial courts across the state to admit those results.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "More Defense Attorneys Challenging FDLE Over Initial Intoxilyzer 8000 Approval " »

Many of Jacksonville’s citizens face challenges every day in their lives, from work struggles to family crises. However, one does not need to undergo the struggle of facing a DUI charge, or the struggle one might face in fighting a test that is inherently inaccurate. If one has been arrested for a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Fox 13 News Tampa Bay, attorneys in Hillsborough County are questioning the validity of a commonly used breath-alcohol testing machine that has been used by law enforcement for years, but is now in the legal hot seat. The machine is called the Intoxilyzer 8000. The major claim is that the breathalyzer's "flow sensors" are producing impossible results.

Many DUI crimes in Jacksonville involve an officer attempting to administer an exercise or test to determine whether one has been driving impaired. For many years, the use of breath tests that attempt to read one’s blood alcohol level, where assumed to be accurate and have been used to convict many of Jacksonville’s citizens. However, the invalidity of these tests may offer a greater defense to a DUI charge.

According to article, the Hillsborough County attorneys questioning the machine, The Florida Department of Law Enforcement, which oversees the breathalyzer machines, knew there was a problem for years, but failed to properly use the process already in place to test the machines or do anything about reporting error in the machines.

Laura Barfield with the FDLE spoke to the contrary, testifying in court that the machines are accurate. She says if the "flow sensor" does not accurately calibrate how much air a driver blows into the machine, the machine rejects the results. State records show the flawed breath machines stayed in the system for years, unquestioned.

Florida State rules governing how the machine is properly tested do not require inspectors to test the flow sensor; however, attorneys are working to change the process so that the flow sensor does become part of the list of parts to be inspected on the machine. The DUI breath machines were also challenged in Sarasota, but that challenge was struck down by a panel of judges.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Hillsborough County Judges Deciding Validity of DUI-Breath Test Machine" »

Many times in Jacksonville, individuals will consume alcohol or other substances and drive around town. For some, this may result in a DUI charge. For others who were unfortunate to run into something or someone, the consequences could be even worse. If one has been arrested in a situation like this, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to Boca News Now, Diane Siwek of Boca Raton was arrested for driving under the influence and causing property damage in an accident. She was questioned by investigators, taken to the Boca Raton Police Department, and provided breath samples of .167 and .164. the legal limit in Florida is 0.08.

DUI charges may stem from property damage caused by a vehicle operated by someone who has a BAC level higher than the state’s limit. Individuals who are driving under the influence of alcohol or drugs may be stopped by police on the road if the individual displays behavior that gives the officer probable cause of driving under the influence. However, in situations where property damage done, a DUI test may be conducted at the scene to determine if the damage was result of intoxication.

Many times, when Jacksonville DUI charges are filed against one who has injured or destroyed property, the individual is likely to face criminal and civil litigation. In Florida, driving under the influence becomes even more significant because the accident might open the door for a property damage claim. Criminal penalties are even more significant if someone was hurt in the accident.

Florida Statute Section316.193(3) provides that any person who causes property damage or personal injury to another while driving under the influence of alcohol or drugs is guilty of a first degree misdemeanor. The maximum penalty is one year of jail and a $1,000 fine. Other mandatory minimum sentencing provisions may be applicable depending on whether any prior DUI convictions are present.

Some property damage claims may be of a great enough value that the charge may be a felony charge. This may be brought against the individual if the damage value is high enough or the damage is to property and life. The consequences of such a case can have life-altering effects, including:

- The individual may be required to install an ignition interlock device on vehicles at their home.
- The individual may be ordered to rehab, addiction counseling or DUI courses
- Possible Jail time, particularly in felony cases
- Loss of license and driving privileges may also occur.
- Significant costs to repay any damaged property

In many situations, the driver’s insurance policy will pay for costs linked with the property damage, assuming the coverage the driver has is enough to pay for those damages. In some situations, that coverage is not enough. At that point, the owner of the property damaged in the accident can file a civil lawsuit against the driver charged with the DUI. That accused individual may be ordered to pay for the damaged property and other penalties if deemed by the court, deciding the individual is responsible for the damages.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Florida Physical Therapist Charged With DUI and Property Damage" »

According to The Baker County Press, FHP completed a homicide investigation and submitted the results to the state attorney’s office in the case against Randall Hunter Morrow of Courtland, Mississippi. Morrow was driving a truck ran a stop sign while driving his truck, colliding with Virginia Kirk, who was driving in the opposite direction. Morrow’s charges include DUI manslaughter for Ms. Kirk’s death, vehicular homicide for the death of the Ms. Kirk’s unborn child, DUI impairment and DUI with injury or property damage.

When someone is charged with a DUI in Jacksonville, the officer involved in the arrest may test one’s physical and mental capacities via field sobriety exercises, breathalyzer tests, and other forms of exercises. However, when one is charged with a DUI-manslaughter, certain procedures must be followed in order to ensure that the accused’s rights have not been abused or violated.

Under Florida Statute § 316.193(3)(c)(3), DUI manslaughter is an accusation that the accused drove while under the influence of alcohol or a controlled substance, and as a result of the DUI, the accused caused or contributed to the cause of the death of victim. Police in Florida may obtain a blood sample under this statute, even through the use of “reasonable force.”

If the State fails to prove that the blood test was conducted in substantial compliance with the Florida Administrative Code provisions, then the court may suppress the results for lack of evidentiary reliability. Many factors may be grounds for suppression, including alcohol contamination (during sterilization), improper collection, microorganism contamination, failure to properly preserve the blood sample, break downs in the chain of custody, lack of training or certification by the person withdrawing the blood, and other factors can weaken the reliability of blood test results.

Furthermore, steps must be immediately taken to preserve all of the evidence or fight to protect your rights during the investigation, including:

- Obtaining witness statements of anyone who witnessed the accident;
- Taking pictures of the location where the accident occurred, including any marks left on the roadway;
- Obtaining hospital medical records of anyone injured or killed after the accident.
- Fighting any effort by the State to obtain the results of any blood drawn for medical purposes;
- Taking pictures of the damage sustained by the vehicles involved in the accident, and
- Having an attorney present for any interrogation by law enforcement.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Mississippi Man Charged With DUI-Manslaughter In Death Of Expectant Mother" »

Probable cause to stop a vehicle can be obtained from simple acts such as erratic driving, strange odors wafting from the vehicle, and other conduct that might be associated with illegal conduct. However, a police officer’s subjective opinion concerning field sobriety exercises may not be accurate. If one has been accused of a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to UPI.com, Dustan Carpenter of Auburndale, was arrested for a DUI after refusing to take a sobriety exercise because he had seen the exercise proven unreliable by the TV series "MythBusters." Carpenter was pulled over around 11 p.m. for driving without his headlights on and told the deputy, who noted the suspect smelled of alcohol and was slurring his speech, he had consumed one beer at Applebee's before driving.

Field Sobriety Exercises are physical agility exercises that are subjective in nature. One’s passing or failing a field sobriety exercise in Jacksonville is based almost entirely on what the officer’s opinion of one’s conduct, which may not be a correct observation of an impaired driver.

There are many different ways in which an officer may administer a field sobriety test. Some of these tests may include:

Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer tells the accused to stop. The officer is looking for raising of arms, swaying, hopping, putting one’s foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.

Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begins early, stops during the test, leaves space between heel and toe, steps off the line, or loses balance while turning.

Nystagmus: The officer involved in the DUI stop will position an object such as a highlighter or pen close to the driver’s face, moving the object from side to side while watching the individual’s eyes. Through this, the officer may determine whether the individual is drunk based on involuntary jerking or trembling of the eyeball. The jerking or trembling may be a sign of the driver being impaired.

The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts their head back, and estimates 30 seconds. The officer is looking for the inability to stand still or steady, body or eyelid tremors, opening eyes to maintain balance, swaying (either front to back or side to side), muscle tension, or statements made by the accused. The officer is also testing the suspect's internal clock, which will usually be slow in the case of alcohol, or fast in the case of stimulants.

Finger to nose: This test requires the accused to place their feet together while standing straight with their eyes closed, bringing their index finger to their nose as ordered by the officer. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.

These are supposedly tests that are designed to check "divided attention", a critical skill in operating a motor vehicle. However, there are many people who, for many different reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest.
Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Florida Man Cites MythBusters As Reason For Refusing Field Sobriety Test" »

Many times, people drive after consuming alcohol, and are stopped by police. Even though one may have broken the law, one is still guaranteed the right to suppress evidence that is improperly obtained when one is arrested for that DUI. If one has been in a situation like this, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to First Coast News, The St. Augustine Police Department filed DUI charges against Theresa Long, who has been convicted of DUI five times before. Long crashed her car on July 4, shortly after the fireworks ended in St. Augustine. Long's car rolled three times before coming to a stop in Nobby's parking lot on the north shoulder of Anastasia Boulevard near Gerado Street. The results of the blood draw from Long showed her blood alcohol level at the time was 0.125. The legal limit in the state of Florida is .08.

When a blood test is requested or required in a DUI case in Jacksonville, stringent procedures must be followed when extracting, labeling, storing, transporting, and testing the accused’s blood sample. The Florida Administrative Code governs the procedures for blood testing in Florida. Under that code, a medical professional or authorized technician must abide by the following procedures when collecting, extraction, and labeling blood samples:

- Before collecting a sample of blood, the skin puncture area must be cleansed with an a non-alcohol antiseptic.
- Blood samples must be collected in a glass evacuation tube that contains a preservative such as sodium-fluoride and anticoagulants such as EDTA (ethylenediaminetetraacetic acid) or potassium oxalate.
- Immediately after collecting the sample, the tube must be inverted several times to mix the blood with the preservative and anticoagulant.
- Blood sample tubes must be marked with the name of person tested, the date and time the sample was collected, and initials of the person who collected the sample.

Many times, the individual taking the blood sample may have intended to act in compliance with the Administrative Code; however, one should not suffer because the blood sample taken was not preserved properly, contaminating the evidence and thus hindering one’s ability to defend oneself.

If one has more than three DUI convictions, one’s license will be suspended for life. Driving on a permanent suspension is a third-degree felony and is punishable for up to 5 years in prison. The vehicle one was driving can be seized under Florida law if the vehicle was used in the commission of a felony, or if one was driving the vehicle on a DUI suspension and got a new arrest for a DUI.

The court is required to order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of all vehicles owned by the defendant at that time for 90 days. The impoundment must not occur at the same time the offender is incarcerated and must happen simultaneously with the driver’s license revocation.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "St. Augustine Woman’s Blood Sample Has Bombshell Effect After 4th of July DUI" »

Many times, people make decisions that will leave them on the side of the road, while a police officer takes one’s blood sample to see if one is driving impaired. However, sometimes police make errors in preserving that blood test, making the sample worthy of suppression for lack of reliability. If one has been arrested for a DUI, one should obtain an experienced attorney to fight the case and ensure one’s rights are protected.

According to the Herald Tribune, Joshua Fieger has been sentenced to eight years in prison for a fatal drug-related crash. The crash occurred in December 2009, after Fieger, allegedly on drugs slammed his truck into 19-year-old Justin Dawson, who was riding a bicycle. Fieger’s blood sample taken at the scene showed he was under the influence of a prescription drugs, including Nordiazepam, Xanax, Oxycodone, and Valium.

In Florida DUI cases, blood testing has become an increasingly common method of determining the blood alcohol level of drivers suspected of being under the influence. Blood tests are generally more reliable than breath or urine testing and, on average, result in a substantially higher conviction rates. Despite the enhanced reliability of DUI blood testing in the State of Florida, there are many defenses available to challenge the validity or admissibility of blood test results.

Police can obtain a blood sample in one of four circumstances:

- under the Florida Implied Consent Law, police may request blood where a DUI suspect comes to a medical facility and the urine or breath test is unfeasible.
- Police can take a blood sample where a health care provider, who is treating a person injured in a vehicle accident, takes a blood test of the patient and then notifies police that the patient’s blood alcohol level exceeds the legal limit.
- Police may also obtain a blood sample where a DUI suspect was involved in a motor vehicle crash and is determined to have caused death or serious bodily injury.
- Finally, police may obtain a blood sample from a DUI suspect on the basis of voluntary consent when obtaining a driver’s license.

In Jacksonville, many judges will use an ankle monitor program in DUI cases. Judges often compel the arrested person to wear the monitor in addition to any bond the Judge sets.
This ankle monitoring system is called SCRAM, or Secure Continuous Remote Alcohol Monitor. These monitors are strapped to one’s ankle and monitors alcohol usage collected from one’s sweat. The monitor sends a message to the monitoring station, which is then relayed to the Judge or probation officer. This system lets Jacksonville judges know if one has consumed alcohol, tried to tamper with the monitor, tried to remove the monitor, and any malfunctions that might occur with the monitor.

These monitors are very expensive, accumulating a cost for the offender to pay, of about $18.00 per day. One may be required to wear a SCRAM monitor until one’s DUI case is resolved, or even while one is on probation.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Florida Man Sentenced To Eight Years For Drug Related DUI-Manslaughter" »

Not all impaired drivers are easily distinguishable. Many times in Jacksonville, police officers are so focused on catching people driving drunk, that they see an impaired driver on the road, when actually that driver is sober. Furthermore, that eagerness to make an arrest may lead to mistakes in proper arrest procedure. Drivers who face unreasonable DUI charges should contact an experienced attorney to fight the case and ensure one’s rights are protected.

According to WESH Orlando, Donald Forrest Geraghty has been charged with an aggravated DUI resulting in bodily harm upon a police officer. Geraghty’s arrest came after he hit a police officer with his vehicle while driving drunk through a DUI checkpoint in Osceola County. Geraghty’s vehicle was stopped about five miles away, where he proceeded to run on foot, until eventually being caught with help from a police K-9.

Drinking can seem to take stress off, and when the weekend arrives, many go to bars, restuarants, and other places that serve alcohol. When coupled with driving, drinking can lead to serious legal consequences, consequences that one will be sure to face in a DUI checkpoint. Most people, when confronted with the many penalties, fines and other problems associated with their first DUI in Jacksonville will never do the crime again.

A first conviction for a DUI carries a fine of between $500- $1,000. If the driver’s blood alcohol level is 0.15 or greater or there is a person under the age of 18 in the vehicle, one will face fines between $1,000-$2,000. Furthermore, a first-time conviction requires that the offender complete 50 hours of community service or pay ten dollars for each hour of required community service. Furthermore, a first conviction can bring a maximum of six months in prison. If the driver’s blood alcohol level is greater than 0.15 or greater or there is a person under the age of 18 in the vehicle, the maximum sentence elevates to nine months. If there is damage to property or person the maximum sentence is a year in jail.

The best way to avoid being accused of DUI is to not drive if you plan to drink. If you do end up being pulled over by police who suspect that you are intoxicated, remember if a police pull you over to determine whether you are driving impaired without probable cause for that traffic stop, such as a violation, swerving, or other conduct suggesting criminal activity, is a violation of your rights. If you refuse to submit to a blood, breath, or urine test, your driver’s license will be automatically suspended and the refusal may be used as evidence in criminal proceedings. However, an experienced attorney can petition to get your license back within ten days of the suspension

Passing or failing a field sobriety test is determined by the officer. Such a subjective observation is not reliable evidence, especially if that officer is looking for a DUI arrest. Though a police officer may say your refusal can be used against you in court, an experienced attorney could make the officer admit in court that the tests are not only not required but also questionable in their reliability, and therefore should not play a factor in your case.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Florida Man Strikes Deputy With Vehicle At DUI Checkpoint" »

Jacksonville’s citizens like to have fun, but like most, when alcohol is involved, the risks of harm are increased considerably. Unfortunately, when intoxicated people get behind the wheel of a car, someone else may suffer a life-changing injury. However, all is not lost for the person responsible for the crime. One in a situation like should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to WTSP Channel 10 News, James Brennan of Tampa has been charged with DUI-manslaughter, leaving the scene of an accident involving death, and driving with a suspended license. Brennan’s arrest came after he struck Michelle Wells, a driver of a scooter, from behind with his van. Brennan fled the scene, parked his van, and then proceeded to run on foot. Brennan was arrested shortly after.

Being arrested for a DUI in Jacksonville can be scary. Drunk-driving is considered a criminal offense in Florida, and therefore can result in one being subject to harsh penalties, including fines, community service, probation, vehicle impoundment, loss of driving privileges and even imprisonment, if convicted. As if all of these experiences are not bad enough, when someone is injured or killed because of the DUI, the punishments escalate considerably.

A DUI-manslaughter charge is a 2nd degree felony with a 4 year minimum mandatory sentence. The Florida Criminal Punishment Code requires the imposition of 120 “victim injury points” when a death occurs in one of these cases. Because of this system, the accused will be looking at a minimum guideline sentence of approximately 10.5 years. In many cases like this, the loved ones of the victim will be pushing the State Attorney’s Office or the Judge to punish the defendant “to the maximum extent of the law”, or a 15 year maximum sentence. The typical defendant of a DUI-manslaughter charge has a very minimal record, if any, and instantly faces a long prison sentence. No one plans on getting a DUI. Certainly no one plans on killing a friend or stranger while driving drunk. The difference in the two DUI’s is merely luck.

In the case of a DUI-manslaughter or a potential DUI-manslaughter, law enforcement will usually do a blood draw. The officers will usually hand a pre-packaged blood draw kit to a paramedic at the scene of the accident or medical personnel at the hospital if the driver is hurt and goes to the hospital. There is an anomaly in the system at this point. Blood draw results take months to come back from the Florida Department of Law Enforcement. The driver cannot be arrested on DUI-manslaughter until the results come back.

One ironic result in a situation like this is that the driver who kills someone actually waits a period of months usually until he or she is arrested on a warrant—a warrant with a very high bond. Meanwhile, the driver who is assumed to be impaired based upon field sobriety exercises or just the officer's observations is arrested, jailed, then given the breath test.

Even if that person has no alcohol in his system, in Duval County he remains in jail until the next morning and a Judge will ask him how he would like to plead to a DUI. Who knows what the DUI-manslaughter defendant does in the time period until his blood results come back? This might allow the potential DUI-manslaughter defendant to drive again, possibly impaired. However, this is not the case for the entry level first-time DUI offender. The first-time offender will receive immediate punishment. One can never be too careful.

Not every death that occurs on the highway should result in an arrest or prosecution for a DUI manslaughter charge. Conduct that might be cause for only a traffic ticket becomes conduct worthy of a felony DUI manslaughter prosecution only if the state thinks they have evidence of impairment. The impairment can be proven if the prosecution can prove the driver had actual physical control of the vehicle, there was a death, and the impaired driver contributed to the death . One in a situation like this should not delay in hiring an experienced Jacksonville DUI manslaughter defense attorney who will fight the case and ensure that your rights are protected.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

Continue reading "Florida Man Charged With DUI-Manslaughter In Tampa Van-Scooter Collision" »

Labor day weekend is noted for bringing a good time with friends and family. Unfortunately, Jacksonville DUI cases may follow these festivities. Police are aware that drivers will be impaired on holidays like Labor day weekend and will thus set up DUI checkpoints. One facing a DUI case should have an experienced Jacksonville criminal defense lawyer to represent them, and ensure their rights are protected.

According to the Bradenton Patch, the Manatee County Sherriff’s Office Traffic Unit participated in the National DUI Enforcement Wave over two weeks aimed at Labor day festivities and the drunk drivers coming home from those festivities. During that period, deputies completed: two felony arrests, 13 DUI arrests, two reckless driving arrests, 11 other arrests, 40 safety belt violations, 22 suspended driver license violations, 25 uninsured motorist violations, and 293 speeding violations. 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 birthdays, weddings, and other festive activities, but when coupled with driving, being arrested for a DUI in Jacksonville can lead to serious legal consequences. Most people, when confronted with the many penalties, fines and other problems associated with their first DUI charge will never do the crime again. Some of these factors include:

Continue reading "Florida DUI Enforcement Wave Snags Dozens of Arrests" »

Jacksonville’s citizens make mistakes at times; the legal system is aware that people are not perfect. Some people continue to make the same mistakes over and over again. A person in this situation will be looked at by the court as hopeless. However, if one in a situation like this obtains an experienced attorney to fight the case, one will have the best defense possible so that one may attempt to fix one’s problems and rise to a better future.

According to the Sacramento Bee, Rev. Salvatore Cordileone San Francisco’s next Catholic archbishop, has been charged with a two misdemeanors stemming from his arrest for a DUI. Cordileone’s arrest came after he stopped at a DUI checkpoint while driving with his mother and a visiting priest after a dinner with friends. Cordileone has since issued a statement of apology.

Alcohol can be a part of many traditional ceremonies, including weddings, religious services and other activities, but when coupled 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. 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.

Florida has a 10-day rule, which says that if applies for a formal DMV hearing within 10 days, one or one’s lawyer can try to re-obtain your license before it is officially suspended. Many times, the DMV will issue a temporary license depending on the outcome of the hearing. If this hearing goes well, one’s license may not be suspended or revoked 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 ignition interlock works 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.

A person charged with a DUI that causes serious bodily injury will be facing a maximum of 5 years in prison. That person will "score" just over four years in prison even though they have no previous record. The Court will have to impose the scored sentence as a minimum sentence unless sufficient statutory mitigating factors warrant a possible departure from that sentence.

One’s best advice is to never drive when one has consumed alcohol. One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "San Francisco Archbishop-Designate Charged With DUI" »

Jacksonville’s citizens like to have fun, but like most, when alcohol is involved, the risks of harm are increased considerably. Unfortunately, when intoxicated people get behind the wheel of a car, someone else may suffer a life-changing injury. However, all is not lost for the person responsible for the crime. One in a situation like should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to The St. Augustine Record, Anastasia Mosquito Control District Commissioner Janice Marie Bequette of St. Augustine has been arrested and charged with a misdemeanor DUI. Very little information has been released about her actual arrest. The Florida Highway Patrol booked Bequette at the St. John’s County Jail at 12:45am. Bequette has released a statement at this time.

Jacksonville DUI cases normally involve a person who has had either a little bit too much to drink, someone calling the police, reporting a license plate number of an erratic driver, or someone crashing. However, as simple as the cause may be, the consequences of the crime can be tremendous such as:

- 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

Many times, evidence that seems to prove guilt for a DUI charge merely proves that an accident happened, not that the driver was intoxicated or even drove the car. In this case, little has been released about Bequette’s reported DUI. However, what is said is that Bequette has been released around the same time, quite possibly on her own recognizance. This means that the Judge feels that Bequette will attend all court proceedings willingly and will not have to post bond. If this is the case, her showing of cooperation may help her defense of character in front of the Judge.

A problem that Bequette may face is that Bequette is the Anastasia Mosquito Control District Commissioner. The legal system and public opinion feel that our public officials should be held to a higher standard. This higher standard thought may be the force that complicates her defense and possible punishment. However, an experienced attorney would be able to plea to a Judge that Bequette is merely a normal woman who made a mistake that she will learn from and change accordingly.

For many, the arrest was valid and one’s guilt is obvious. Fortunately, a simple showing of remorse, a recognition of one’s actions and the consequences of those actions, or attempting to compensate those wronged and change may shift the odds in one’s favor for obtaining a reasonable probation sentence rather than time in jail.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The only logical choice in this situation is to fight. One needs a knowledgeable and experienced Jacksonville DUI defense attorney to fight the case and ensure one’s rights are protected. Do not allow a DUI charge to ruin a bright future, away from the troubles of the legal system.

Continue reading "Anastasia Mosquito Control District Commissioner Stung By Police In DUI" »

Police are always on the look-out for possible DUI arrests. However, most do not assume that the investigating police officer involved might be acting without probable cause. Like everyone though, police make mistakes. If one is arrested for a DUI, one should obtain an experienced DUI attorney to fight the case and ensure one’s rights are protected.

According to CarScoop.com, charges have been dropped against Joseph McNeal, a Sarasota businessman and participant in a DUI stop that was allegedly provoked by a strong smell of marijuana that the officer said was coming from the car. Once stopped, the officer searched McNeal and the car several times, eventually finding a used marijuana roach in the trunk of his car. The State Attorney’s Office has finally dropped McNeal’s charges, as there was no evidence obtained that might help in a conviction.

Florida has been moving 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 DUIs , it is important for one to know one’s rights concerning a police officer obtaining telephone warrants, as well as what the police officer can search without a warrant during a DUI stop in Jacksonville.

Most of the time, police stops based on reasonable suspicion are not too complicated. Probable cause to stop a vehicle can be obtained from simple acts such as erratic driving, strange odors wafting from the vehicle, and other conduct that might be associated with illegal conduct. However, when increasingly covert drug sales leave trails via phone, internet or other means, the possibility of an arrest goes up considerably as well as the amount of evidence that may now be used to convict someone of the charge. As such, police may search harder than normal for evidence that might convict, searching containers, compartments, and even cell phones without a warrant.

Under the Constitution, all searches must be supported by probable cause. Including arrest warrants, requirements for warrants based on probable cause and specificity in description protect one’s rights under the Constitution and stands in the way to protect the accused from shoddy police work. However, many times, accused parties do not know whether the search conducted was executed properly, resulting in wrongful convictions.

In this case, it is easy to see that this particular officer wanted more evidence on McNeal to arrest him for either; possession of an illegal substance or driving under the influence of that substance. After multiple strip searches, two drug dog assisted searches, a plea to McNeal himself for an admission of guilt, as well as a request for a deal on the drugs that the officer thought were in the car, McNeal’s car and person turned up almost empty.

Fortunately, one does not have to fight the battle for one’s freedom alone. If one obtains an experienced attorney to fight the case and ensure one’s rights are protected, one can be sure that one will know one’s rights, know what the prosecution and police have access to, and will be able to make sure that wrongfully obtained evidence will not be used against one.
One’s best advice is to never drive when one has consumed alcohol. One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "Marijuana Smell Causes Florida DUI Stop; Charges Dropped For Lack Of Evidence" »

Jacksonville’s citizens make mistakes at times; the legal system is aware that people are not perfect. Some people continue to make the same mistakes over and over again. A person in this situation will be looked at by the court as hopeless. However, if one in a situation like this obtains an experienced attorney to fight the case, one will have the best defense possible so that one may attempt to fix one’s problems and rise to a better future.

According to Florida Today, Ryan C. Kremer has been sentenced to two years in prison, as well as two years of house arrest, eleven years’ probation, and 440 hours of community service for a fatal DUI on I-95 in 2010. The State Prosecutors overseeing Kremer’s case asked for between a 10.5 year minimum sentence, as is normally given to those without a criminal record, and the maximum fifteen year sentence.

Under Florida Statute 782.071, vehicular homicide is a first degree felony punishable by up to 30 years in prison. However, the agony one faces at the hands of the court system can begin much sooner than the time that one enters jail. The very nature of court proceedings can be very trying on someone accused of such a crime, especially when dealing with the thought that they might have done something like this.

A DUI-manslaughter charge is a 2nd degree felony with a 4 year minimum mandatory sentence. Because a DUI-manslaughter charge is a 2nd degree felony, the accused will “score” right at 10.5 years out of a possible 15 year maximum. These cases are very emotional for both the victim’s family and the defendant’s family. The typical defendant of a DUI-manslaughter charge has a very minimal record, if any, and instantly faces a long prison sentence. No one plans on getting a DUI. Certainly no one plans on killing a friend or stranger while driving drunk. The difference in the two DUI’s is merely luck.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The police and the State will attempt to sway one into submission and cooperate. Many times, even if guilt is obvious, the authorities will still try to coax the accused into saying more incriminating statements that will yield more unfavorable results. However, one should not say anything to the police, friends, family or anyone else other than an experienced Jacksonville DUI manslaughter defense attorney who will fight for your case and ensure that your rights are protected.

One in a situation like this may face much opposition in the legal system, as well as inner turmoil caused by the crime. However, one’s experienced attorney will be one’s advocate and protector in one’s fight for a better future. An experienced attorney could argue statutory mitigating factors, allowing the court the option to depart from a guideline sentence minimum. One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "Florida Man Sentenced To Two Years In Prison For Fatal I-95 DUI Crash" »

The summertime is noted for bringing a good time with friends and family. As much fun as one might have, when alcohol is involved, risks are taken. Unfortunately, Jacksonville DUI cases may follow summer festivities. One facing a DUI case should have an experienced Jacksonville criminal defense lawyer to represent them, and ensure their rights are protected.

According to The Daytona News-Journal, Volusia and Flagler County police officers in conjunction with the Florida Highway Patrol are stepping up DUI patrols in both counties in an effort to cut down the amount of drunk drivers on the highway. The campaign, called “Drive Sober Or Get Pulled Over” will last until September 3rd.

Drinking can seem to add fun to celebrations such as birthdays, weddings, and other festive activities, but when coupled 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.

Florida has a 10-day rule, which says that if applies for a formal DMV hearing within 10 days, one or one’s lawyer can try to re-obtain your license before it is officially suspended. Many times, the DMV will issue a temporary license depending on the outcome of the hearing. If this hearing goes well, one’s license may not be suspended or revoked 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 ignition interlock works 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.

One’s best advice is to never drive when one has consumed alcohol. One’s future may be at risk when one is charged with a DUI. One needs a knowledgeable and experienced Jacksonville DUI lawyer to fight the case. Don’t allow your life to be ruined by a DUI charge. Defend yourself.

Continue reading "Florida Police Gearing Up For Labor Day With Anti-DUI Campaign" »

Jacksonville’s citizens like to have fun, but like most, when alcohol is involved, the risks of harm are increased considerably. Unfortunately, when intoxicated people get behind the wheel of a car, someone else may suffer a life-changing injury. However, all is not lost for the person responsible for the crime. One in a situation like should obtain an experienced attorney to fight for one’s case and ensure one’s rights and defenses are known and protected.

According to the Lake County News-Sun, Vicente Torres-Vasquez of Round Lake Beach told a Lake County Circuit Judge that he would continue his plea of guilty in his charge of an aggravated DUI resulting in death. Torres-Vasquez allegedly turned into oncoming traffic, hitting Gregory Homola of Lake Geneva, Wis. Torres-Vasquez’s breathalyzer results were three times the legal limit of 0.08.

Under Florida Statute 782.071, vehicular homicide is a first degree felony punishable by up to 30 years in prison. However, the agony one faces at the hands of the court system can begin much sooner than the time that one enters jail. The very nature of court proceedings can be very trying on someone accused of such a crime, especially when dealing with the thought that they might have done something like this.

A DUI-manslaughter charge is a 2nd degree felony with a 4 year minimum mandatory sentence. Because a DUI-manslaughter charge is a 2nd degree felony, the accused will “score” right at 10.5 years out of a possible 15 year maximum. These cases are very emotional for both the victim’s family and the defendant’s family. The typical defendant of a DUI-manslaughter charge has a very minimal record, if any, and instantly faces a long prison sentence. No one plans on getting a DUI. Certainly no one plans on killing a friend or stranger while driving drunk. The difference in the two DUI’s is merely luck.

Nobody plans to get a DUI. Most people are just trying to get home. The best advice any lawyer can give is to not drive after you have consumed any alcohol. Find another way to get home or stay off the roads. One’s best advice is to never drive when one has consumed alcohol.

The police and the State will attempt to sway one into submission and cooperate. Many times, even if guilt is obvious, the authorities will still try to coax the accused into saying more incriminating statements that will yield more unfavorable results. However, one should not say anything to the police, friends, family or anyone else other than an experienced Jacksonville DUI manslaughter defense attorney who will fight for your case and ensure that your rights are protected.

One in a situation like this may face much opposition in the legal system, as well as inner turmoil caused by the crime. However, one’s experienced attorney will be one’s advocate and protector in one’s fight for a better future. In a hard-pressed battle to prove that the act done was not intentional and that one is truly remorseful, the only person who can be sure to provide one the best defense possible is one’s lawyer.

Continue reading "Florida Driver Pleas Guilty To Fatal DUI" »