Florida Criminal Lawyer Blog

Our Miami DUI defense attorneys have been watching the impact of social media on legal precedent across the country. In one recent case, a 17-year-old driver whose boyfriend died in a drunk driving accident had her prison sentence increased because of a post she made on Facebook. The teen driver registered a 0.13 blood alcohol level and apparently posted a photo captioned "Drunk in Florida."

She pled guilty to criminally negligent homicide and misdemeanor driving while intoxicated, and the judge said he was troubled by the teen's conduct following the crash.

The judge treated the driver as a adult rather than a youth offender, sentencing her to six months in county jail and five years of probation, during which she will not be allowed to drive and will be under electronic monitoring for the first year out of prison. The teen also had her driver's license revoked.

Source: Facebook Photo Nets Drunk Driver Longer Jail Term, IndyPosted.com, February 1, 2010

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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 DUI defense attorneys have been following a news story out of Illinois. A judge ruled that the state law aimed at penalizing repeat DUI offenders by giving police the authority to seize their vehicles is unconstitutional. The judge ruled that the statute gives the state too broad an authority, saying the law violates the due process clauses protected in both state and federal constitutions.

The ruling came out of a case involving three men who claimed the law did not allow defendants to petition a judge for return of their vehicles until their drunk driving case was resolved. Seized vehicles are periodically auctioned off or assigned to local law enforcement officers for their use.

Anti-drunk driving groups say the damages imposed on the vehicle's co-owners or family members are far less than the greater public good. The county's attorney apparently hopes to appeal the ruling to the state's Supreme Court.

Source: Illinois Judge Rules Seizure of Drunk Drivers' Vehicles is Unconstitutional, DUI.com, November 25, 2009

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According to state records, about a third of Florida drivers charged with drunk driving refused to take a Breathalyzer test in 2008. Many Florida drivers are not aware that they have the legal right to refuse a Breathalyzer test.

However, there are penalties for refusing a Breathalyzer test. The first refusal results in a one year driver's license suspension, even if t he driver is not found to be legally drunk. The second refusal can result in an 18-month license suspension and criminal charges of a first-degree misdemeanor.

Some Florida attorneys are pushing for tougher penalties on drivers who refuse to a Breathalyzer test. And last month, the Vero Beach Police Department became the first police agency on the Treasure Coast to get a search warrant for taking blood samples in DUI cases where the driver refuses a Breathalyzer test.

Source: More than a third of all Floridians charged with DUI refuse Breathalyzer test, TCPalm.com, December 3, 2009

Continue reading "South Florida DUI Attorneys Discuss Stats on Breathalyzer Tests" »

On Friday, the Florida Department of Transportation announced that it is stepping up enforcement of drunk driving laws statewide. As part of the annual, nationwide "Drunk Driving. Over the Limit. Under Arrest." enforcement and outreach campaign, law enforcement officials throughout Florida will be aggressively searching for impaired drivers and will arrest anyone found driving under the influence of drugs or alcohol.

Last year, Florida had over 22,200 alcohol-related crashes. There were more than 1,100 alcohol-related fatalities and more than 15,700 alcohol-related injuries throughout the state.

The crackdown will continue through Labor Day, since Labor Day weekend is often the deadliest time for Florida drivers. In 2008, 36 people died on Florida roads during the holiday weekend and a third of those fatalities were alcohol-related. More than 10,000 police agencies across the country are participating in this law enforcement effort.

PRESS RELEASE: Florida Law Enforcement to Launch Statewide Crackdown on Impaired and Unsafe Driving, August 21, 2009

Continue reading "South Florida DUI Lawyers Discuss Statewide Crackdown on Unsafe Driving " »

According to the Florida Times-Union, the number of DUI accidents have remained more or less consistent between 2000 and 2007. That number fluctuates between about 22,000 and 24,000 each year, according to recently released stats. However, DUI-related deaths have been increasing by more than 19 percent. In 2000, there were 979. Last year, that number had increased to 1,169.

Attitudes towards drunk driving have shifted since the 1970s for several reasons. Mothers Against Drunk Driving (MADD) was formed in 1980, insisting that law enforcement officials and the public take DUI more seriously. The national drinking age increased to 21, and 0.08 blood alcohol level became the standard across the country.

A nationwide roadside survey conducted by the National Highway Traffic Safety Administration in 1973 found that 7.5 percent of drivers had a blood alcohol level of 0.08 or higher. That figure fell to 2.2 percent in 2007. The executive director of MADD of North Florida said that future efforts to prevent drunk driving may focus more on education, rather than tightening the laws.

Florida DUI arrests hold steady, Jacksonville.com, July 19, 2009

Continue reading "Broward Traffic Attorney Discusses DUI Stats " »

A Florida woman faces charges in the deaths of two teens who were killed after leaving a party in her home. The woman allegedly hosted several parties in her home and participated in illegal activities alongside the party guests, many of whom were under the legal drinking age of 21. The parties had reportedly been happening for several months until they ended in a fiery car crash.

Two teens died in a DUI accident on January 12 just minutes after leaving one of the women's parties. The teen driver's blood-alcohol level was 0.18 percent. Both of the teens tested positive for drugs, according to a report.

The mother who hosted these parties has been indicted on two counts of manslaughter and four counts of holding open house parties and one count of contributing to the delinquency of a minor. If the d and the woman is convicted and the conviction is upheld in any possible appeals, then case could become a new precedent for Florida prosecutors.

Party host faces charges in DUI deaths of teens, Orlando Sentinel, July 16, 2009

Continue reading "Broward DUI Lawyer Discusses Party Host Facing Charges After Teens Die in DUI " »

In South Florida, former Yankees player Jim Leyritz, 45, was arrested on domestic battery charges last Thursday. The arrest occurred two months before he was scheduled to stand trial on a DUI manslaughter charge. That trial is scheduled to start on September 14, and police allege that Leyritz was drug when he caused a fatal car accident in December 2007.

A Florida judge ordered Leyritz to stay in jail because his arrest on domestic battery charges violated the conditions of his earlier release on bail.

According to the police officer who responded to a domestic disturbance at Leyritz's home in Davie, Florida, the pro athlete's wife gave inconsistent reports of what happened. Initially, she told police that Leyritz hit her in the face and pushed her to the ground during an argument over child support. Later, she told police that her ex-husband had dragged her out of bed and pushed her against the wall.

Leyritz told police that his ex-wife had hurt herself as revenge for his attempts to evict her from their shared house. His defense attorney says he plans to ask the judge to rethink the decision on Leyritz's bail.

Leyritz, Awaiting Trial, Is Charged With Battery, New York Times, July 3, 2009

Continue reading "In Fort Lauderdale, Former Yankee Charged with Domestic Battery, DUI" »

Lake Worth, Florida -

Palm Beach DUI lawyer Douglas I. Leifert has learned that the Florida Highway Patrol will be conducting a DUI checkpoint in Lake Worth this evening, July 3, 2009. The DUI checkpoint be held in the 4100 block of Lake Worth Road from 10 p.m. Friday until 3 a.m. Saturday.

Florida Highway Patrol to conduct DUI checkpoint, South Florida Sun-Sentinel.

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Hallandale, FL - Hallandale criminal lawyer Brian S. Leifert has learned that the city of Hallandale has announced that they will be conducting enhanced DUI patrols. Hallandale police officers will conduct DUI enforcement patrols this weekend, from 11 p.m. to 3 a.m. on both Friday and Saturday.

Hallandale police on DUI patrol this weekend, South Florida Sun-Sentinel.

If you have been charged with DUI in Hallandale, Broward County or anywhere in South Florida, call a Broward DUI lawyer at Leifert and Leifert for immediate assistance.

HOLLYWOOD, FLORIDA - Hollywood Florida DUI Lawyer, Brian S. Leifert has learned that a Broward County DUI checkpoint will be conducted this evening in the City of Hollywood, Florida. The Florida Highway Patrol is once again targeting DUI in Broward County. The DUI checkpoint will be located at 4500 S. State Road 7, Hollywood, Florida. The Florida Highway Patrol will be checking for impaired drivers and looking to make arrests for DUI (driving under the influence) as well as checking driver's licenses, vehicle paperwork and equipment. With increased nightlife in downtown Hollywood as well as a very busy Seminole Hard Rock Casino nearby, this could be a very active evening for dui and other offenses. Troopers tonight targeting those who booze and cruise in Broward - South Florida Sun-Sentinel.

Continue reading "Hollywood Florida DUI Lawyer Warns of DUI Checkpoint Tonight" »

Palm Beach DUI Lawyer, Douglas I. Leifert has learned that the Palm Beach County Sheriff's Office will be conducting enhanced DUI enforcement starting at 6:00 tonight.

The Palm Beach County Sheriff's Office is intending to increase their presence for DUI detection in unincorporated areas of Palm Beach County. The effort is expected to last until 4:00 a.m. on April 25, 2009.

Palm Beach County Sheriff's Office plans DUI patrol tonight, South Florida Sun-Sentinel, April 24, 2009.

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When police responded to reports of a crash on March 4, 2009, they discovered a man who had wrecked his motorized bar stool. The bar stool was powered by a deconstructed lawn mower and the man was charged with operating a vehicle while intoxicated.

Kile Wygle, 28, told police that he had consumed 15 beers and that his motorized bar stool can travel up to 38 mph. Wygle was treated for minor injuries at a local hospital and has pleaded not guilty.

If you have been arrested for DUI, it is imperative that you take action within ten days following your arrest to protect your ability to obtain a temporary driver’s license and challenge the suspension of your driver’s license.

Police: Ohio man charged with drunken driving after crashing motorized bar stool, SunSentinel.com, April 1, 2009

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On Wednesday, a Broward County Deputy on the DUI task force resigned following accusations that he inappropriately touched two women at traffic stops last year. Grady was involved with more than 200 pending Broward County DUI cases, and as a result, dozens of those cases have been dropped or downgraded.

According to a spokesperson for the Broward State Attorney’s Office, “we have been reviewing each of those cases to determine their strengths and weaknesses with or without his testimony. Some cases have been, or will need to be, dropped.”

A deputy with over a decade of experience with the Broward County Sheriff's Office, Charles E. Grady, Jr., is charged with two first-degree misdemeanor counts of battery. The first involved a 38-year-old woman from Boca Raton who was arrested on DUI charges last September. The second was in December and involved a 20-year-old Coral Springs woman. Each charge carries a maximum punishment of up to a year in Broward County jail. His attorney declined to comment.

Grady’s arraignment is scheduled for May 13.

Dozens of DUI cases affected after Broward deputy is accused of touching two women, SunSentinel.com, April 2, 2009

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Last September, Florida Highway Patrol troopers responded to a car accident at the intersection of E. University Avenue and NE 55th Boulevard. An investigation determined that the driver of a black Ford Ranger pickup truck lost control of the vehicle and slammed into a white Chevy Impala that was stopped at the intersection. The pickup rolled over and landed on its right side, killing a 74-year-old woman from Gainesville.

The driver, a 23-year-old recent graduate of the University of Florida, was identified as Amanda Kathleen Boyd. Boyd had a blood alcohol level of .210 about a half hour after the DUI accident. In Florida, drivers are considered drunk if they have a blood alcohol level over .08. Boyd told police she had drunk one beer in the hours leading up to the crash. She was treated for a large cut on her arm at Shands at the University of Florida, then arrested on Monday following an investigation.

Boyd is charged with DUI manslaughter.

Recent UF grad charged in fatal DUI, GatorSports.com, March 24, 2009

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Last week, police in Fort Lauderdale, Florida arrested one of Oswego Police Department’s Top 10 Most Wanted Criminals. Jeremie Smith was taken into police custody with assistance from the Florida Department of Probation after Oswego police received a phone tip.

Smith is charged with drug possession and driving while intoxicated. He is in Broward County Jail until he is extradited back to Oswego.

Police released their list of 10 Most Wanted Criminals in February, and Smith is the fourth person on the list to be arrested. Other criminals were nabbed in Maine and North Carolina.

According to Captain Tory DeCaire, “we have some pretty good leads on some other people and their locations, so hopefully we'll be seeing more arrests to come.”

Police arrest another Oswego Top 10 criminal, News10Now.com, March 23, 2009

Charges lodged against three men from Oswego County, Syracuse.com, March 21, 2009

Photo by Penny Mathews.

Continue reading "Fort Lauderdale Criminal Lawyer - Police Arrest Man on DUI, Drug Possession Charges" »

Broward DUI lawyer Brian S. Leifert has just learned that a Green Cove Springs, Florida man has been arrested for DUI while riding his lawnmower. Damon Hayward hopped on his lawnmower and was driving to the gas station when he was stopped by the police for not having headlights. Hayward was subsequently arrested for DUI.

Police report that he was apologetic and remorseful about the DUI arrest, which was not his first.

In my years as a Broward DUI lawyer and former Broward prosecutor, very few DUI lawnmower cases have come through the system here in Broward. On occasion we'll see a DUI bicycle arrest and see quite a number of Boating Under the Influence (BUI) cases.

Continue reading "Broward DUI Lawyer: Florida Man Arrested for Lawnmower DUI" »

Florida may soon become the eighth State to ban texting while driving. We all know the dangers of driving under the influence. As a Broward County DUI defense lawyer, I have seen DUI laws in Florida become tougher and tougher with each Legislative session.

Next month, Florida's Legislature will take up a bill proposed by Representative Doug Holder from Sarasota. His proposed bill seeks to prohibit the operation of a moving vehicle while reading, manually writing or typing, or sending messages on electronic wireless communication devices.

The National Safety Council, (citing a Harvard study), notes that cell phone usage in general contributes to an estimated 6 percent of all automobile accidents, which amounts to 636,000 crashes, 330,000 injuries and 2,600 deaths each year.

Stay tuned. If the bill passes, penalties will almost certainly be civil in nature consistent with traffic tickets.

The North Miami police department has announced a DUI checkpoint to begin on Friday, January 30, 2009. The DUI checkpoint will begin at 7 p.m. on Friday and will be in operation until approximately 4:00 a.m. on Saturday. The DUI checkpoint will be located at 1400 NW 135th Street.

The city of North Miami recently received approximately $60,000 from the Florida Department of Transportation. The sole purpose for the funds is for the City of North Miami to hold DUI checkpoints once per month during 2009.

Continue reading "North Miami DUI Checkpoint scheduled for 1/30/09" »

The first ten ( 10 ) days after arrest for a DUI in Florida are viewed by most experienced Florida DUI lawyers as one of the most important aspects of your case. The State will try and take your license away for either blowing over the legal limit ( .08 ) or if you refuse to take a breath test. This has to be challenged within the first ten days or else it is forever waived and you will lose your license for the proscribed period. This procedure is commonly referred to as the "Ten Day Rule" for Florida DUI's.

Making a timely challenge will keep you driving on the road for at least another 4-6 weeks and gives you a chance to prevent the suspension all together.

Continue reading "Palm Beach County DUI Lawyer Explains The Ten Day Rule for Florida DUI's" »