Florida Criminal Lawyer Blog

Our Fort Lauderdale DUI defense attorneys read an article about the increasing number of young people who broadcast the location of DUI checkpoints on social networking sites like Twitter and Facebook. While it's not illegal, the practice has some police concerned, because they worry that making information about DUI checkpoints public could cause some drunk drivers to choose an alternate route.

In fact, Mexico City police are so concerned about the trend that they are threatening fines and jail time to people to post the location of DUI checkpoints. But some DUI defense lawyers say that could violate freedom of speech.

Others say the trend doesn't pose a problem, because it raises awareness about the consequences of drunk driving. Plus, checkpoint locations often change after a few hours anyway.

Source: Police Concerned About DUI Checkpoint Tweets, WHTM.com, January 21, 2010

Continue reading " Fort Lauderdale DUI Laywer Examines Ethics of Tweeting about DUI Checkpoints " »

Our South Florida law blog has already covered the new federal identification requirements for renewing a driver's license on January 13, 1010 - "Broward and Palm Beach County Traffic Attorneys Discuss New ID Requirements for Driver's Licenses." We anticipated that it could cause delays at the DMV, and that proved to be an understatement for one Port St. Lucie doctor who tried to renew his driver's license earlier this month.

The 52-year-old man brought along all the necessary paperwork, including his United States password and Social Security card. But his renewal application was rejected because the names on his identification documents didn't match. Both had his first and last name listed, but his passport includes a middle name that was missing from his Social Security card. After making calls to the state Division of Highway and Safety and getting help from the office of a state representative, the doctor will be able to renew his driver's license.

Florida is among the first states to enact Real ID. All drivers must age 50 and younger must have the Real ID by December 1, 2014. Those over 50 have until three more years.

Source: Real ID a real problem for Port St. Lucie doctor who wanted to renew license, TCPalm.com, January 20, 2010

Continue reading " Real ID Poses Problem for Florida Man Renewing Driver's License " »

The defendants in roughly 300 Florida DUI cases in Palm Beach County could be released if a February 23 challenge on blood-alcohol testing equipment succeeds. Lawyers involved with the challenge say that the Intoxilyxer 8000 machine is not legal, because it differs from federally approved models for test blood-alcohol levels.

They also say there is reason to believe that law enforcement officials covered up failed machine inspections. The filing claims that officials covered up failed inspections by unplugging machines that looked like they not pass inspection. In fact, the Florida Department of Law Enforcement fired a breach-machine analyst in 2008 after discovering that the analyst instructed officers to unplug machines.

According to a traffic division commander for the Sheriff's Office, three deputies watch each inspection and the plugs may have been knocked out accidentally. Challenges elsewhere in Florida have failed, and our DUI defense law firm will be interested in seeing how this one plays out.

Source: DUI challenge leaves 300 cases in doubt, Palm Beach Post, January 2010

Continue reading " Palm Beach DUI Attorney Discusses Breath Testing Issues " »

The Law Offices of Leifert & Leifert, Aronberg & Aronberg and Sign A Rama in Delray Beach will be holding a food drive for the victims of the Haiti earthquake.

The food drive will begin on Monday, January 25, 2010 and will last for the entire week from 8:30 am to 5:00 pm.

We are asking for canned food, rice, and bottled water.

We are located at 2160 West Atlantic Avenue, in Delray. It is on the southwest corner of Atlantic Avenue and Congress, just west of I-95.

National unemployment rates are around 10%, but here in Florida, unemployment has reached 11.5%, the highest it's been since the mid-seventies. As a result, our Palm Beach criminal defense law firm is seeing a record number of clients who want their criminal records expunged or sealed.

In fact, more than 14,000 Florida residents had their records sealed or obliterated in 2008 (which is the last year complete records are available at this time). That's double the number from 2007, which is not surprising given the current job climate.

Of course, one issue remains unresolved, and that is the data mining companies who compile information from courthouse records and sell that data for a fee. Unfortunately, there is no legal precedent for forcing these private companies to remove outdated information, if a judge approves sealing or expunging someone's record.

Source: Florida Criminals Expunging Records, LiveShots, January 5, 2010

Continue reading " Palm Beach County Criminal Lawyer Discusses Expunging Criminal Records " »

Fort Lauderdale, Florida.

The Fort Lauderdale Traffic Attorneys at Leifert & Leifert have learned that the Ft. Lauderdale city commission will be voting tonight on the installation of red light cameras. Should the vote pass, Fort Lauderdale will be installing the red light cameras at the following pre-determined locations:

Eastbound E. Sunrise Boulevard at NE 15th Ave.
Southbound NE 15th Ave. at E. Sunrise Boulevard

Southbound N. Federal Highway at E. Oakland Park Boulevard

Westbound NW 62nd St./W. Cypress Creek Road at NW 9th Ave./Powerline Road

Eastbound NW 62nd St./W. Cypress Creek Road at NW 31st Avenue

Southbound NW 31st Avenue at NW 62nd Street/W. Cypress Creek Rd.

Eastbound W. Sunrise Boulevard at NW 9th Avenue
Westbound W. Sunrise Boulevard at NW 9th Avenue

Eastbound E. Commercial Boulevard at N. Federal Highway/US 1
Westbound E. Commercial Boulevard at N. Federal Highway/US 1

Broward County Traffic Ticket Lawyer Discusses Fort Lauderdale and Red-Light Cameras

"10 stop lights getting red light cameras in Lauderdale; vote is tonight", South Florida Sun-Sentinel, January 20, 2010.

Update: Fort Lauderdale City Commission Approves Red Light Cameras

Continue reading " Fort Lauderdale Traffic Attorney: Red Light Cameras to be Approved? " »

Our Florida criminal defense attorneys recently read about an experiment in Daytona Beach. Last Wednesday, Greater Friendship Baptist Church in partnerships with Volusia County Police opened its doors to wanted fugitives as a way to get some of the 4,000 people with warrants off the streets.

The church had a closed circuit TV connection to a judge at a Daytona courthouse. Dozens of people made a safe surrender, and most of them came in on minor crimes such as violation of probation or too many traffic tickets. Some of those people went to prison, but after police and volunteers checked their warrants, a few realized they didn't have a warrant after all.

The public defender, clergy, police, and the state attorney have already deemed the event a success and say they plan to repeat it in the future.

Source: Fugitives Turn Themselves In At Church, WFTV.com, January 13, 2010

Continue reading " Daytona Beach Criminal Lawyer: Fugitives Flock to Church for Safe Surrender " »

Last week, USA Today reported that the Supreme Court had reopened a 2009 case involving the question of whether criminal prosecutors who introduce lab reports of drug or blood evidence must call the analyst who prepared the report to testify. The original ruling last June stated that criminal defendants have the right to confront the witnesses against them; therefore, the analyst needs to present findings in live testimony.

However, the decision has gotten protests from a majority of states, who claim it has placed extra burden on their labs. The new case asks the justices to limit or overturn the 2009 decision, saying that prosecutors are reducing the charges or dropping drug charges altogether because states don't have enough lab analysts to provide witnesses in criminal cases.

According to the Virginia Supreme Court, the confrontation right is satisfied if the defendant has the chance to call a prosecution witness for cross-examining. But criminal defense attorneys say this puts on the burden on the prosecution to call the analyst. Our South Florida criminal defense lawyers will be interested in seeing how this issue plays out.

Source: States protest Supreme Court ruling on live testimony, USAToday.com, January 11, 2010

Continue reading " South Florida Criminal Defense Lawyers Discuss Supreme Court Ruling on Live Testimony " »

These days it seems like there's an iPhone for everything: finding local restaurants, calculating the distance to the nearest gas station, now there's even an app for conducting background checks. BeenVerified is one such application that allows users to conduct background checks instantly via a mobile phone. The first three background checks per week are free, then users must pay $8 per month for unlimited access.

Some people say the app is a convenient way to do background checks on potential dates, employees, babysitters, and others.

But some people worry that applications like this could be a privacy infringement, particularly if someone has had their criminal record expunged and the information available on the app hasn't caught up yet. As mobile apps and internet records become more sophisticated, our criminal defense lawyers anticipate that this issue will only become more important.

Soure: iPhone App gives you free background checks, KDVR.com, January 6, 2010

Continue reading " Broward County Criminal Lawyer Discusses iPhone App for Background Checks " »

As of January 1, Florida drivers will have to show at least four pieces of identification to receive a new driver's license or identification card. The changes are in keeping with the federal REAL ID Act, which sets a nationwide standard for issuing driver's licenses and IDs.

One piece of identification is "primary identification" and can include an original birth certificate or passport. A green card or visa can be used by immigrants or foreign nationals. Those seeking a driver's license will also need to show a social security number, which can be in the form of a paycheck, w-2 form, and other forms. In addition, applicants must show two proofs of a residential address such as a utility bill, a mortgage statement, or a voter registration card.

Before the new guidelines went into effect, those with an old driver's license or an out-of-state license need only hand over the old license to receive a new one. Now their documents will be scanned and sent to state and federal agencies to be verified. Officials predict that this could lead to long lines at the Department of Motor Vehicles.

Source: VIDEO/POLL: Tougher background checks will slow those seeking Florida driver license, NaplesNew.com, December 30, 2009

Continue reading " Broward and Palm Beach County Traffic Attorneys Discuss New ID Requirements for Driver's Licenses " »

Our South Florida DUI defense attorneys read a recent article about highway deaths and DUI arrests on Florida's Treasure Coast. According to law enforcement officials, there were no highway deaths on New Year's Eve 2009 and relatively few DUI arrests compared to past years.

The Port St. Lucie Police Department and the Indian River County Sheriff's Office each reportedly arrested four people for DUI. Fort Pierce Police made two DUI arrests and Vero Beach Police made one arrest overnight.

Police cited the increased presence of Florida Highway Patrol as one of the main factors in the decreased number of DUI arrests. However, there were dozens of noise and disturbance complaints phoned in over the course of the evening.

Source: No New Year's Eve Highway fatalities, DUI arrests few on Treasure Coast, TCPalm.com, January 1, 2010

Continue reading " Few DUI Arrests on Florida's Treasure Coast New Year's Eve " »

Our Miami criminal defense attorneys have been following the story of the attempted bombing of a Northwest Airlines jet during the holidays and are interested to see how this will impact passengers here in Florida. The Miami Herald reports that the Miami and Fort Lauderdale airports will likely get additional scanners later this year.

The Transportation Security Administration is planning to add 450 more scanners nationwide, and the recent bombing attempt has made members of the Senate Homeland Security and Governmental Affairs Committee more resolute on the need for airport security. Says Sen. Joe Lieberman, "we may not be so lucky next time, which is why our defenses must be strengthened."

However, the American Civil Liberties likens the scanners to an electronic strip search. And some worry that allowing TSA officials to single out passengers for additional screenings could criminalize the innocent based on ethnicity or physical traits. The TSA assures people that the scanners cannot save, print, or transmit images to protect people's privacy.

Source: South Florida airports may get additional scanners, Miami Herald, December 30, 2009

Continue reading " Airports in South Florida Could Get More Scanners " »

In Deerfield Beach, Florida, the north satellite courthouse in Broward County reopened this morning after a water pipe burst early Wednesday morning, forcing the courthouse to close for the day. The incident shut off water throughout the building, but there was no damage reported to the building. It is believed to be the first time the courthouse closed since Hurricane Wilma in 2005.

According to reports, water service has restored to the building and temporary repairs were made. Permanent repairs should be complete by Saturday, January 9.

On Wednesday, two judges stood outside and directed away people who had come to pay tickets, attend small claims court hearings, or get marriage licenses. Court dates are being rescheduled.

Sources: North Regional Courthouse Re-Opens Thursday, CBS4.com, January 6, 2010

Deerfield courthouse closed after pipe bursts, South Florida Sun Sentinel, January 6, 2010

Continue reading " Pipe Burst Forces Closure of Deerfield Beach Courthouse " »

A November 17 ruling from the state's Judicial Ethics Advisory Committee says that Florida attorneys and judges should not be "friends" on Facebook, the popular online social networking site.

The committee ruled that online "friendships" could create a false impression that lawyers are able to influence their judge friends. A few members of the committee dissented on the grounds that Facebook relationships are more like a list of contacts rather than actual "friendships."

However, the committe ruled a judge can post comments on another judge's profile and a judge's campaign may have a lawyer as a "fan" during judicial elections.

While the Judicial Ethics Advisory Committee cannot officially mandate what judges do, a spokesperson for the Florida Supreme Court said most judges will probably follow the ruling out of caution and the need to appear impartial.

Source: Fla. judges, lawyers must 'unfriend' on Facebook, Associated Press, December 11, 2009

Photo courtesy of Facebook.com

Continue reading " Florida Ethics Committee Says Judges, Lawyers Should Not be Facebook Friends " »