Florida Criminal Lawyer Blog

As our Fort Lauderdale DUI defense lawyers reported in November, law enforcement would be on patrol, looking to make as many DUI arrests as possible during the Thanksgiving holiday.

We were right -- the Florida Highway Patrol recently released its statistics, which showed a large number of DUI arrests and other traffic citations, numbers which don't include local law enforcement totals.

And as the December holiday season hits full swing, we again warn drivers not to get trapped in the net of police as they are stepping up patrols this holiday season. Being charged with DUI in Fort Lauderdale not only can introduce a person to the criminal justice system, but can put them on the hook for possible criminal penalties and out-of-court sanctions such as job loss.

That's why all aspects of the crime -- from the initial stop and whether it was lawful to the accuracy of the breath testing and field sobriety testing -- must be challenged by a skilled attorney. Otherwise, a person may not get a fair trial.

According to the Florida Highway Patrol, troopers made 136 DUI arrests between November 23 and November 27 this year. That number is up from the 121 people who were arrested for the charge in 2010. Troopers statewide actually filed 470 fewer citations in the same time period, however.

That doesn't necessarily mean that more people were driving under the influence and it certainly doesn't mean those who were arrested are guilty. It simply means they were arrested.

Police are under enormous pressure, especially this time of year, to make arrests for drunken driving. When DUI-related fatal crashes hit the news, officials and the public sometimes call for answers. Often, the only answer of law enforcement is to run more PR campaigns that include sobriety checkpoints and enforcement blitzes.

And they respond by beefing up patrols. This can end up ensnaring people who are innocent of the charge. This sometimes happens when overzealous police officers stretch the limits of what is probable cause and arrest people who may not be guilty.

It all starts with the traffic stop. Police can't pull you over unless you have done something wrong and that usually amounts to a traffic violation, such as speeding, running a red light or swerving. But it can also stem from having a tail light out, an improper license plate or an expired tag.

Once an officer makes the stop, he or she can use their training to see if the driver may have been drinking. What they classify as glassy eyes or blood shot eyes and slurred speech can all be used against the driver. Once they make these observations, it's likely they will arrest the driver for DUI. A breath test, if one is consented to, and field sobriety tests, may be formalities at that point.

So, fighting the charge is the only option. An arrest may be an embarrassing mark, especially during the holidays, but it can be erased with an acquittal, if charges are dropped or a successful plea to a less-serious charge. Simply allowing the state to bowl you over with these charges is never an option.

Continue reading "Expect Increased Law Enforcement Patrols This Holiday Season as Broward Police Seek DUI Arrests" »

The assaults keep coming on Florida's flawed DUI law, and our Fort Lauderdale DUI defense lawyers hope that one day defendants will see major changes to help uphold their rights.

In Naples recently, lawyers argued that the state's DUI law is unconstitutional because defendants aren't allowed to have the technology behind breath testing machines that are used statewide.

It's a legitimate argument. In any other type of case, the defendant is allowed access to all aspects of the evidence against him or her. In murder cases, for instance, the defendant gets all the reports that lab workers generate when they test DNA. They have access to the workers themselves to question them about their tactics. In cases where ballistics are tested to determine if a weapon is consistent with the bullets found at the scene, all of that evidence is made available.

But in a DUI case in Fort Lauderdale, easily the most commonly filed charge in Florida and nationwide, key pieces of evidence aren't made available to the person whose liberty is on the line.

The breath testing machines used in Florida -- the Intoxilyzer 8000 -- have been challenged for years. In recent years, DUI defense lawyers have been able to convince judges to order the breathalyzer's manufacturer to hand over its schematics to lawyers for examination, but the Kentucky company has been slow to respond.

Prosecutors on the state's west coast have dropped charges in cases where the machines were used by police and deputies because they equipment delivers readings that appear to be unbelievable. In some cases, the amount of breath measured by suspects was more than the combined lung capacity of a normal human being. It's obvious there are issues, and possibly problems with past cases that were never discovered.

According to The News-Press in Fort Myers, a Naples lawyer recently argued that the law should be thrown out because the law doesn't allow for defendants to get information on how the breathalyzers work. The machines are used in most DUI cases statewide.

The judge denied the attorney's motion but ordered the Kentucky company to provide records about the machine. But, the attorney can't share the information with other lawyers or anyone other than experts in the case.

Other judges statewide have made similar rulings in order to protect trade secrets. Ultimately, this will end up being a waste of time and resources because lawyers statewide can just make similar arguments and before long, every DUI defense lawyer in the state will have the information.

But at least judges are coming around. It's about time that DUI defendants in Florida have their rights upheld and have access to all the evidence against them. Even if it takes time, it is necessary. These cases are too important to allow the state to have an advantage in sending people to jail or prison.

These are important issues that will likely shape Florida's DUI law for years to come. These breath tests can be beaten because they are flawed. An experienced Fort Lauderdale DUI defense lawyer will work to ensure all aspects of the state's case is properly vetted for his or her clients.

Continue reading "Judge Rejects Argument That Florida DUI Law is Unconstitutional" »

As the Thanksgiving holiday approaches, people are likely planning their grocery lists, possibly their Black Friday shopping lists and perhaps their travel schedule.

In fact, AAA is estimating that 42.5 million people are expected to take to the roadways this Thanksgiving holiday week in order to celebrate a meal with family members. This large number of travelers will likely congest the roads, which can lead to accidents, so West Palm Beach DUI defense lawyers wish you safe travels if you're hitting the roads.

But we also warn that the added traffic will increase the number of Florida state troopers, sheriff's deputies and police officers on the roads. Inevitably, there will be an increase in West Palm Beach DUI arrests this week as well.

Law enforcement will likely set up DUI checkpoints, which require a lot of manpower, but typically produce few meaningful arrests. Occasionally, they will find a person they believe has been driving drunk, but the majority of arrests they make relate to driver's license issues and car registration or insurance problems.

Yet, departments will use their officers to set up these initiatives with less regard for the results they may get and more from the publicity they will receive and the grant money they must use or risk losing.

They will also likely be out on the road more and have an increased presence for drivers to see. This will likely applying to state troopers on Interstate 95. With the week expected to be busy for travel, especially on Wednesday, Thursday and into the weekend, troopers will likely line the median of key parts of the interstate hoping to spot people they consider to be driving while intoxicated.

But in order to start a DUI investigation, an officer must have what's called probable cause. Probable cause is a low standard that law enforcement uses to determine if they can arrest someone. In DUI cases, it starts with the traffic stop.

The Fourth Amendment guarantees that people can't simply be pulled over for no reason. It also applies to police breaking down your door and coming in without a search warrant. They must have a well-founded reason.

In DUI cases, this typically means they have to have witnessed a car making some kind of traffic violation, such as speeding, improper lane change, reckless driving -- swerving, following too closely to another vehicle -- or another traffic violation before pulling someone over.

Once a driver is pulled over, officers usually use their observations of the driver, including whether their breath smells like alcohol and if their speech is slurred or their eyes are bloodshot or watery, as a reason to continue their investigation for DUI.

Then typically come a request to take a breath test or perform field sobriety tests, such as a one-leg stand, following an object from side to side with the eyes or walking in a straight line, heel to toe. Any "failures" of the field sobriety test can lead to an arrest, but that can be challenged.

Breathalyzers have come under scrutiny for being inaccurate. In fact, prosecutors in the Sarasota area have dropped more than 100 DUI cases because the only approved breath test in Florida, the Intoxilyzer 8000, had inaccurate readings in some cases.

So, attempt to have a safe and fun holiday weekend, but keep your eyes open for police and be aware that you have rights as a driver. One of them is to seek legal representation if you are suspected of a crime. Call a West Palm Beach DUI defense lawyer if you are arrested this holiday season.

Continue reading "Thanksgiving Holiday Traffic Expected to Spike, While West Palm Beach Police Step up DUI Patrols" »

A West Palm Beach man has been arrested on charges of not only DUI, but also child neglect after a motorist reported a drunk driver with a child inside the vehicle, The Palm Beach Post reports.

This has become a new trend in Florida and nationwide that is slightly troublesome. Law enforcement officers are leaning on drivers who are untrained in what constitutes driving while intoxicated to be extra sets of eyes on the road.

While there are some instances where it may seem obvious that a person is driving while intoxicated -- if they're swerving heavily or starting and stopping abruptly -- there are also often explanations for these poor driving habits. There have been examples of bees stinging drivers or medical problems that have led to them appearing drunk.

So, officers are being sent out on calls from drivers who don't have the real training to detect drunken driving in West Palm Beach. This is setting a scary precedent for drivers everywhere.

Being falsely accused of DUI may be one of the worst things that can happen to a person. West Palm Beach DUI defense lawyers have represented many clients who were falsely accused and had to fight the stigma of being arrested for years after a not-guilty verdict or when charges were dropped. Sadly, people take a police officer's word over their own friend's sometimes.

In this case, a motorist called police after they suspected a man was driving drunk with a child in the car. When police arrived, they found a 50-year-old man driving in a car with his 12-year-old son.

The man allegedly told the deputy his son was sick and needed medical attention, but when asked, the boy shook his head no "with a look of embarrassment on his face," the officer's report states. The boy said he was fine.

The man then said his son was going to help him install a raccoon trap. The arresting officer noted in a report that the man didn't smell like alcohol, but had slurred speech and appeared to be "sluggish" and "dazed."

The man told the deputy that he takes several medications, yet he was arrested. The boy's mother came to pick up the child.

It's possible that despite doctor's orders, the medications the man was taking could have caused an adverse reaction without his knowledge. DUI can not only apply to alcohol, but also drugs. But the man clearly hadn't had any alcohol, since the deputy noted specifically that he didn't smell like alcohol.

While people may see this story and scoff and get offended by the man's alleged actions, this could be explained as simply a mistake. There is often more to the story than just what the initial police report states and that's why the criminal justice system provides a checks-and-balance to these cases. That's why every defendant is entitled to a fair trial. No one should be subjected to arrest without all of the facts coming out.

Continue reading "West Palm Beach Man Charged With DUI With Son in Car" »

The Nebraska case of State v. McCave shows just how aggressive police can be when investigating a crime such as DUI.

Police must have what's known as "probable cause" to make an arrest in any situation. But sometimes officers are so driven to make an arrest, they don't consider the consequences of making an arrest without having proper evidence.

DUI in Fort Lauderdale is one of the areas in which police sometimes throw smart judgment to the wind. Granted, most officers aren't trained as lawyers, so they may not know the latest court rulings or local rules that could affect cases. But they should be using common sense.

And when they don't, Fort Lauderdale DUI defense lawyers will show them the way. We have been defending clients for years who have had their rights violated by overzealous cops and even those who are a bit on the naive side.

This case may have had a little of both.

Jeffrey McCave was sitting in his car in the driveway of his father's house when the father told him to leave. McCave refused and the police showed up.

When they got there, they decided to arrest him for DUI, refusing to submit a breath test, trespassing and possession of an open container.

He was later convicted of the charges, but at least the Supreme Court had some common sense here. The convictions of DUI, refusing to submit and possession of an open container were all reversed and the convictions and sentences were vacated.

The court ruled that police had no probable cause to arrest him on those charges and the trial court should have granted a motion to suppress the evidence from the arrest. As for the trespassing charge, the state's high court granted a new trial, saying that the trial court judge should have excluded evidence that was relevant to the trespassing charge.

Simply sitting in a vehicle isn't grounds for a DUI investigation to commence. The "D" in DUI is driving, so sitting in a parked car isn't driving. And when police arrived, they were there simply on a call that a person was trespassing, not that someone was driving while intoxicated.

This is an example of police abusing their power and taking things a little too far. Maybe they didn't want to fill out paperwork for a simple misdemeanor trespassing arrest or maybe their bosses have said to cut down on making arrests because of overcrowding or manpower issues on the force. Whatever the reason, it's unfair to trump up charges because of policy changes.

Police officers must realize the consequences of their actions. They are affecting people's lives and possibly ruining their lives by making the decision to arrest. A DUI arrest can cause job loss, loss of reputation and other effects aside from what the criminal justice system can deliver.

The only way to reconcile this is by fighting the charges aggressively and seeking a conviction. That's the only clear way to prove you're innocent once you've been arrested in Fort Lauderdale.

Continue reading "State v. McCave Shows Fort Lauderdale Police Can Be Too Aggressive in DUI Cases" »

The News-Press in Fort Myers is reporting that a challenge to the state's DUI law there could impact thousands of cases pending throughout Florida.

Attorneys are arguing that the law is unconstitutional and should be stricken from the books. Certainly, a success in this case could have wide-ranging effects. The argument is that the Intoxilyzer 8000, the breath-testing machine used statewide by law enforcement, is defective and therefore a violation of citizens' constitutional rights.

West Palm Beach DUI lawyers have seen how breath testing in Broward DUI cases have been challenged time and time again because of faulty equipment. Florida's DUI defense lawyers have been fighting for access to the system's code.

Because the State of Florida only authorizes one machine for departments to use, they have all been using the faulty Intoxilyzer 8000 for years. In Sarasota, prosecutors have been dropping DUI cases and tossing out breath-testing evidence because of issues with the machine.

It appears that in Naples, progress is being made to look at cases there as well. It's possible that as more and more cases enter the system, the state will have to take a closer look at its device and perhaps make a change. In Washington D.C., police have quit using their breathalyzer devices altogether after problems and questions about reliability surfaced.

When a driver submits to a breath test, they are assuming, and the officer too, that the machine works. Even if they aren't guilty, they can be placed in handcuffs, taken to jail, have their mug shot put online for the world to see and humiliated, possibly losing their job, because of a faulty machine. Even though the law requires the state to prove the case, they must fight to restore their image to friends, co-workers and others who may cast judgement.

And that's on top of fighting to prove the test was incorrect so they don't face possible jail time, fines and fees, DUI school, a driver's license revocation or other penalties.

Experts quoted by the News-Press say that DUI cases are the only in the criminal justice system where there is "secret science," where defendants aren't allowed to know how breath machines really work. Even DNA processes are open to defendants.

The machines have not only spit out incorrect blood-alcohol content readings, but also have measured impossible levels of air blown into the machines. The average lung has 5 or less liters of air, but machines have been known to record 12 liters of air, which can't possibly happen.

Let's hope that Broward prosecutors begin looking at ways to ensure defendants get a fair trial. Drivers deserve a fair process when they get pulled over and charged with DUI. If they refuse a breath test, their license is automatically revoked; if they take a breath test, they are getting an incorrect reading. It's a lose-lose situation that must be fixed.

Continue reading "Florida DUI Law Challenged in Southwest Florida, Could Impact West Palm Beach Cases" »

The case of a Fort Lauderdale man accused of hitting a motorcyclist on I-95 shows the importance of an experienced Broward County DUI attorney.

The South Florida Sun Sentinel reports that a 30-year-old man was driving north on the interstate when he hit a man riding a motorcycle. Authorities report he then was chased about five miles by witnesses until Hollywood police arrived and arrested him. He is charged with DUI causing serious bodily injury and property damage and leaving the scene of an accident with injuries.

DUI defense in Palm Beach County can be especially critical because of the laws in the State of Florida. DUI penalties are steep. For instance, a person convicted of driving under the influence in a crash that involves serious bodily injury can be sent to prison for up to five years.

In the case in Hollywood, the motorcyclist, who wasn't wearing a helmet, was sent to Memorial Regional Hospital in critical condition. He was ejected from his motorcycle after driving on the highway. That is serious bodily injury and could subject the driver to hard time.

While DUI causing property damage and leaving the scene of an accident are both misdemeanor crimes, they can be punished by jail time, fines, fees, DUI school, community service, an ignition interlock device, a vehicle impound and other sanctions. The list goes on. More serious penalties can be applied if a victim is seriously injured or killed.

Lawmakers frequently target DUI offenders with increased penalties. And not only will you have to deal with the court hearings and the possible penalties, but also the public humiliation over the charge.

But there is hope. Consult with an experienced West Palm Beach DUI attorney and we will fight your case. Don't be fooled: experience does matter. Statistics from the Florida Highway Patrol show only about half of those charged with drunk driving in Florida are convicted in any given year.

Continue reading "Florida DUI Penalties Can Be Stiff; Fort Lauderdale DUI Attorney is Key" »

Apparently the politicians are learning what most of us have known at least since the advent of the cell phone: The locations of sobriety checkpoints are no secret. What has them up in arms -- to the point where four Senators have fired off a letter to the nation's cell phone makers -- is the fact that there is now a cell phone app that will tell you the location of drunk driving roadblocks, according to FOX News.

Our Broward DUI defense lawyers know that sobriety checkpoints have little or no impact on preventing drunk driving. State statistics show that significantly less than 1 percent of drunk driving arrests in Fort Lauderdale and elsewhere in South Florida are the result of sobriety checkpoints.

Cell phones have been used to spread the word for a generation. In fact, it is safe to say that law enforcement rarely has a checkpoint established but what everyone who needs to avoid it already knows about it. Now Facebook and Twitter are often used to spread the word. The result is frequently car stops involving the unwitting and the unlucky, which typically results in marginal or unfair arrests.

In the bad old days of the 1980s it was just left to the bartenders to shout it out -- or the band.

Now Apple's App Store sells Buzzed for 99 cents. Checkpointer for $4.99 and Tipsy for free. Phantom Alert unveiled a DUI checkpoint feature as far back as 2009. The letter from the senators puts cell phone companies on notice that they are helping motorists to break the law and could be contributing to the risk of drunk driving accidents. The makers of the apps counter that if deterring motorists from driving drunk is the goal of checkpoints, spreading the work helps accomplish that mission.

Motorists charged as a result of a DUI checkpoint should consult an attorney in Broward or Palm Beach right away. Because such roadblocks infringe upon your Fourth Amendment rights to be free from unreasonable search and seizure, the courts have place strict limitations on the actions of law enforcement. As a result, there are more ways to challenge DUI checkpoint arrests in Fort Lauderdale or elsewhere, than there are to challenge a traditional arrest for drunk driving in South Florida.

Continue reading "Need to avoid a DUI Checkpoint in Fort Lauderdale? There's an App for That! " »

A 32-year-old woman has been charged with DUI causing serious bodily injury after she allegedly caused a drunk driving accident that sent a jogger to the hospital in critical condition, according to a report in the Miami Herald.

A Fort Lauderdale DUI defense lawyer must always be consulted whenever a motorist is charged with drunk driving in Broward or Palm Beach counties. But this is never more true than when a serious or fatal accident occurs.

In fact, Florida DUI Law calls for a charge of manslaughter or vehicular homicide in cases in which a victim dies as a result of injuries sustained in an accident with a drunk driver. A defendant can face 15 years in prison -- 30 years in cases where a hit-and-run crash is involved.

Too often, any investigation into the cause of the accident ceases when it is determined that a motorist is drunk -- or accused of being drunk. If a defense attorney in Fort Lauderdale can prove you were not drunk -- or were not responsible for the crash -- you should not be convicted of the most serious charges involving a Florida drunk driving crash.

In this case, the 18-year-old jogger was hit shortly after midnight on a Sunday morning in Coconut Grove. The defendant was driving a Jeep north on Virginia Street and had just crossed West Trade Avenue. She reportedly veered right and struck a Toyota Corolla, before striking the victim who was jogging alongside the road.

What might have been a terrible accident involving a runner in the middle of the night is now a criminal investigation that could impact the rest of the defendant's life. We do not discount the victim -- these are always tragic cases. But prosecutors are often too eager to press for lengthy prison sentences and judges are too happy to comply. There are few defendants as unsympathetic as a motorist convicted of killing someone while driving drunk.

Everyone loses.

Hiring an aggressive and experienced criminal defense lawyer is the best chance to protect your freedom.

Continue reading "Aggressive Defense Required for Motorists Charged with DUI Accidents in Fort Lauderdale" »

A 43-year-old man is facing charges of DUI manslaughter in Fort Lauderdale after being charged in the wake of a Sept. 10 accident that claimed the life of a dancer for the Miami Heat.
The Miami Herald reports the East Sunrise Boulevard crash occurred when the defendant's Mercedes struck the 22-year-old victim's motorcycle.

Our Fort Lauderdale DUI defense lawyers urge anyone who has been charged with drunk driving in Broward or Palm Beach counties to consult with an experienced attorney. But never is it more critical than in the wake of a serious or fatal accident.

Under Florida drunk driving law, DUI manslaughter is punishable by up to 15 years in prison and a $10,000 fine. The Sun-Sentinel reported his blood-alcohol level tested .24 and .23, about three times the legal limit of .08 for drunk driving in Florida.

The Broward New Times reported Miami-Dade County is the deadliest county in Florida when it comes to drunk driving accidents, with an average of about 80 deaths a year. Broward County is second-deadliest, with an average of 70 people killed in drunk driving accidents each year. In each case, a defense lawyer should thoroughly review the accident scene and determine whether outside experts may come to a different conclusion about the cause of the crash.

If a defendant can be show to have not been responsible for a crash, he cannot be convicted of DUI manslaughter under Florida law.

Continue reading "DUI Manslaughter Charges Filed in Fort Lauderdale after Death of Miami Heat Dancer" »

With Spring Break in full swing, our criminal defense lawyers in Palm Beach and Fort Lauderdale remind vacationers, tourist and residents that increased enforcement can often lead to unfair arrest.

Drunk driving charges in Fort Lauderdale or Palm Beach will be quite common through the end of the special enforcement period on April 3. Other common charges include underage consumption, drug charges, sex charges and charges of assault and battery.

The Florida Department of Highway Safety and Motor Vehicles is reporting the cost of a drunk driving conviction can be as high as $20,000, including jail time, probation, mandatory treatment, loss of your driver's license and skyrocketing insurance premiums. We understand the cost and inconvenience associated with a criminal case, particularly for college students and out-of-state residents, and we work with tourists and young adults to minimize the disruption and the impact on their lives.

"The Florida Highway Patrol isn’t against having a good time. We just want spring breakers to celebrate safely so that no one has to go home in a body bag," said Patrol Captain Mark Welch. “FHP does not tolerate impaired driving, so drive sober and drive safe.”

About one-third of fatal accidents in Florida are blamed on drunk drivers -- and more of those crashes (224) occurred in March of 2009 than in any other month. While most drivers face drunk driving charges for a blood-alcohol threshold of .08 or above, those underage can face charges and the suspension of their driver's license for testing just .02.

The Miami Herald reports law enforcement have promised stepped-up enforcement efforts after last year saw a double-stabbing and shooting in South Beach amid reports of couples having sex in condo hallways.

Through the first two weeks of March -- with three weeks left in the special enforcement period -- police had already made 71 arrests and searched 1,630 coolers, which they can only do with probable cause or your permission.

Continue reading "Spring Break Arrests on the Rise in Palm Beach, Fort Lauderdale, Miami" »

With St. Patrick's Day kicking off the start of a four-day weekend for many, authorities are expected to be out in force. Our Palm Beach DUI defense lawyers wish each of you a safe and enjoyable weekend and encourage you to celebrate responsibly and call if you get into trouble.

Initially celebrated as a Catholic holiday, the original color for St. Patrick's Day was blue! It was made a feast day in the 17th Century and has gradually become a secular holiday in celebration of Irish heritage. In the United States it is one of the biggest days of the year for beer consumption and is among the busiest at bars and restaurants.

Law enforcement agencies throughout South Florida are planning additional enforcement, including sobriety checkpoints and roving patrols. Such enforcement blitzes frequently increase a motorist's risks of being unfairly targeted and/or charged with DUI in Palm Beach or Broward counties.
ABC 25 News reports a Palm Beach company is offering professional designated drivers -- taking people anywhere they want to go for $12 to $15 an hour. A number of bars in Miami, Broward and Palm Beach have agreed to use the service, which uses a customer's own car and a paid sober driver. One of its primary advantages is a customer is not forced to leave their vehicle behind, which is usually the case when using a taxi or public transportation.

The Broward and Palm Beach New Times is offering recipes for four delicious non-alcoholic St. Patrick's Day drinks for designate drivers and non-drinkers, including the Not-So-Wild Irish Rose and the Minty Spritzer.

And Mothers Against Drunk Driving is offering "Kiss Me I'm Sober" designated-driving coupons that sober motorists can give to friends.

Agencies are offering the following safety tips:

-Make sure guests have a sober ride home.

-Serve lots of food and non-alcoholic beverages.

-Keep the numbers of local cab companies handy and don't let friends or guests drive drunk.

-Designate a sober driver.

-Always wear your seat belt.

Continue reading "Motorists Face Increased Risk of Drunk Driving Charges in Palm Beach over St. Patrick's Day Weekend" »

When authorities found an ex-con behind the wheel, behaving in a manner they felt was erratic, they arrested him, despite his contentions that all he had to drink was kava tea, the Palm Beach Post reported.

It wasn't until a judge heard the case that the charges against the 46-year-old man were dropped -- but by then he'd spent eight months in jail on a probation violation. It's a cautionary tale about the need for an experienced and aggressive West Palm Beach criminal defense lawyer whenever you are facing charges of drunk driving in Broward or Palm Beach counties. And about the need to keep charges off your criminal record in order to avoid the consequences of a probation violation.

Too often, defendants hear probation and they take the deal. It's worth mentioning that all of Lindsay Lohan's legal problems stem from probation violations in the wake of a 2007 drunk driving conviction. In fact, it's not unusual for a defendant with experience in the criminal justice system to request jail time rather than to attempt to comply with the terms and conditions of a lengthy period of probation.

A breathalyzer showed no alcohol in the defendant's system. He was not given the benefit of the doubt, in part because of an old burglary and cocaine possession conviction. He told police all he'd had to drink was kava tea. It's not the first time authorities have attempted to charge someone with driving under the influence of the tea, which is a natural herb used by Pacific Islanders. It's being sold in an increasing number of trendy bars in South Florida.

The Food and Drug Administration reports the tea is touted for its ability to relieve anxiety, insomnia and symptoms of menopause. There are currently at least three Kava bars operating in Palm Beach County.

Tea aside, authorities are becoming more aggressive in making arrests for driving under the influence of drugs. The National Highway Traffic Safety Administration reported late last year that 1 in 5 of the fatally injured drivers tested for drugs in 2009, tested positive for the presence of narcotics. As a result, they are encouraging officers to crackdown on drivers driving under the influence of both illegal and prescription narcotics.

"Every driver on the road has a personal responsibility to operate his or her vehicle with full and uncompromised attention on the driving task," said NHTSA Administrator David Strickland. "Today’s report provides a warning signal that too many Americans are driving after having taken drugs, not realizing the potential for putting themselves and others on the highway at risk."

The problem here is that many narcotics remain in a person's system for days or even weeks after consumption. Marijuana, for instance, can remain behind for up to 30 days -- long past the point where a driver's skills are impacted. Even Strickland was forced to acknowledge that: "Drug involvement does not necessarily imply impairment or indicate that drug use was the cause of the crash."

But it may be enough to lead to unfair or unwarranted charged of driving under the influence in South Florida.

Continue reading "Tea drugs or alcohol: Best defense of DUI charges in Palm Beach is an aggressive defense attorney" »

A man who fled from a Palm Beach DUI Manslaughter conviction more than a decade ago has been captured in Israel, the Post reported.

The 37-year-old has been arrested in Tel Aviv and his father also faces charges of helping him flee the country. He had been convicted and sentenced to 19 years in prison for killing a father of two in a drunk driving accident in 1998. He now faces both the DUI sentence and a federal count of unlawful flight to avoid prosecution.

Our Palm Beach DUI lawyers recently reported that local warrants for DUI are dismissed after eight years. But a defendant does himself no favors by hiding from a charge. Visiting an experienced attorney and clearing an old warrant is typically the best course of action. In this case, the charges were much more serious, of course. And the conviction means no warrant dismissal or statute of limitations would have ever cleared the defendant's name.

Instead, he fled for Israel under an assumed name and became a citizen in 2000. He had been profiled by the Federal Bureau of Investigation and featured on America's Most Wanted.

It's believed his fake passport ultimately led to his capture; his father was arrested while on board a plane preparing to depart for Israel.

The defendant was out celebrating a friend's birthday on Feb. 19, 1998. Police say he was racing down Linton Boulevard in Boca Raton when he slammed into the back of the victim's Ford Ranger. The victim died and the defendant drove away. The judge cited a previous history of DUI in issuing the lengthy prison sentence.

Upon conviction, he was outfitted with an ankle monitor and posted $50,000 bond. He failed to appear on June 16 to start his sentence.

Continue reading "Palm Beach DUI Manslaughter Results in Arrest of Defendant After More Than a Decade" »

The National Highway Traffic Safety Administration unveiled new technology last week that safety advocates claim could eventually prevent motorists from drinking and driving.

The technology, knows as Drive Alcohol Detection System for Safety (DADSS), could become a standard feature in automobiles and would either passively measure a driver's breath for the presence of alcohol or would do so via touch such as a thumbprint.

Our drunk driving defense attorneys in Palm Beach frequently report on the ever-increasing penalties faced by drunk drivers. For now, the technology is most likely to be required for those convicted of drunk driving.

Florida DUI Law currently requires ignition interlock devices for first-time offenders with a blood-alcohol level of .15 or higher or for those who had a child in the car at the time of arrest. The devices may remain on the vehicle for up to six months. Those who face a repeat conviction under the state's DUI law may have the device installed for two years or longer.

This new technology could be the first step toward requiring offenders to have less intrusive technology in place for much longer. "The technology we are seeing here today could quite simply signal a new frontier in the fight against drunk driving," said NHTSA Administrator Strickland.

The constantly increasing penalties and lower thresholds for DUI conviction is just one reason we encourage all motorists to fight the charges. First offenses are frequently beatable, while repeat offenses carry the substantial threat of jail time, lengthy license suspensions, mandatory treatment and intrusive requirement of probation, which can lead to additional legal problems.

As we reported recently on our Florida Criminal Lawyer Blog, 63,019 motorists were charged with drunk driving in Florida in 2009.

That's 173 people every day!

Yet only 36,972 were convicted of drunk driving that year.

The Florida Department of Highway Safety and Motor Vehicles estimates the average cost of a DUI at as much as $20,000, including fines, court costs, DUI school, monitoring, license reinstatement, impound fees, prison, probation, ignition interlock devices and increased insurance premiums. Spending several thousand dollars to hire an attorney to fight the charge could be the best money you'll spend.

Continue reading "Advancing Technology Makes Aggressive DUI Defense Attorney a Necessity in Palm Beach, Broward Counties" »

The Florida Highway Patrol issued more than 40,667 traffic tickets during its holiday enforcement effort, including 474 arrests for drunk driving. State statistics show that local police and sheriff's offices typically make three times more drunk driving arrests than the patrol.

Thus, as many as 3,000 motorists were likely cited for driving under the influence of alcohol during holiday enforcement efforts.

Happy New Year!

“Our troopers worked hard to help our residents and visitors have a safe and enjoyable holiday period,” said Patrol Col. John Czernis. “Motorists who operate their vehicles in an unsafe fashion are a danger that puts innocent lives at risk. The men and women of the Florida Highway Patrol did their part to identify the unsafe drivers and take the steps necessary to decrease that risk.”

If you are charged with drunk driving in Broward County or in Palm Beach County, it is important to consult with an experienced attorney as soon as possible after arrest.

The Florida Department of Highway Safety and Motor Vehicles reports the 19-day holiday enforcement period included troopers who typically work administrative detail, as well as reserve and auxiliary troopers. This is one of the reasons that enforcement crackdowns often lead to marginal or questionable arrests. Frequently, when a law enforcement officer lacks the proper training or experience to conduct DUI stops and to administer field sobriety testing, a reduction or dismissal of the charges is possible.

An experienced Palm Beach DUI defense attorney can review your case and advise you on the best course of action for protecting your rights. A reduction or dismissal of the charges is often possible as a result of unlawful traffic stops, poorly administered field sobriety tests, problems with breathalyzer examinations, and issues involving enforcement blitzes, sobriety checkpoints and other efforts by law enforcement.

In fact, a statistic that authorities would rather you not know is that only about half of those charged with drunk driving in Florida are convicted of the charge in any given year. In 2009, 63,019 motorists were charged with drunk driving and 36,972 were convicted.

Under Florida drunk driving law, a first-offense conviction can result in a $1,000 fine, 50 hours of community service, probation, alcohol treatment, up to six months in jail and the loss of your driver's license for up to one year.

Continue reading "DUI charges require an aggressive defense lawyer in Broward, Palm Beach" »

Earlier this year, two sets of parents in Boca Raton were arrested and accused of hosting homecoming after-parties with alcohol for underage drinkers. Some underage drinkers were also arrested, and the parents said they either were not aware of the alcohol or weren’t able to control the mob of intoxicated teens who brought booze with them.

Florida’s “open house party” law went into effect in 1991, but many parents of juveniles say they aren’t aware of the law, which states that if anyone younger than 21 is caught drinking alcohol or using drugs at a party in your home or on your property, you could be arrested and charged with a second-degree misdemeanor. Violations of the “open house party” law are punishable by up to 60 days in jail and a $500 fine.

Beyond criminal penalties, there are also civil liabilities that can result in lawsuits. Parents can also be held liable if a drunk teenager causes property damage, sexual battery, injury or death to others or themselves during or after leaving the party.

Source: Many parents still don't know of law against hosting underage drinking, South Florida Sun Sentinel, October 24, 2010

Continue reading "Boca Raton - Arrests Show How Florida’s ‘Open House Party’ Law Applies to Parents of Teens" »

Our South Florida criminal defense lawyers have read about some bizarre cases over the years. But this case is among the oddest ones we’ve seen. It seems that a fake police officer was “patrolling” Boca Raton and pulled over a couple of drivers. The 60-year-old Delray Beach man was reportedly wearing a police-type badge around his neck and carrying a loaded handgun.

He questioned drivers about whether they had alcohol or drugs in the vehicle, and when they answered in the negative, he told them to leave. Drivers sensed something was amiss, so they called and tipped of the Boca Raton police. But the biggest red (or in this case, green) flag was the fact that the flashing emergency lights on the man’s Ford Crown Victoria were green, instead of the red and blue that real cops have.

When officers questioned the man, they smelled alcohol on the suspect and arrested him for driving under the influence of alcohol. He was also arrested and charged with impersonating a law enforcement officer.

Source: Fake cop arrested for DUI — and pulling over drivers, South Florida Sun Sentinel, October 18, 2010

Continue reading "Boca Raton Police Arrest Fake Cop for Drunk Driving " »

Many people are still buzzing about Steve May, the legislative candidate who withdrew from the race after news of his drunk driving conviction last year went public. Obviously a drunk driving record can tarnish a politician’s reputation. But the stigma of such as a conviction can have a devastating impact on regular people, too.

Here in Florida, those convicted of DUI do not have the option of having their record expunged or sealed, so that conviction can haunt them for the rest of their lives, impacting their relationship with friends and family members who may look them differently or grow distant.

A DUI conviction can be also make it difficult to find a job, as many employers conduct background checks and don’t look favorably upon a DUI conviction. Even renting a car or finding a car insurance company willing to cover you becomes a challenge. That’s why it’s so important to seek legal counsel if you’ve been charged with a crime such as DUI.

Source: DUI CONVICTIONS CARRY A HEAVY BURDEN, Auto-Mobi.info

Continue reading "Broward DUI Lawyers Discuss Burden of DUI Conviction" »

Our Miami-Dade DUI attorneys have learned that the Florida high court is examining a case in which the Department of Motor Vehicles refused to reinstate the driver’s licenses of two Florida motorists who were convicted of driving under the influence in 2002.

The drivers had refused to have ignition interlock devices installed in their cars. The devices prevent drivers from driving drunk, because they must pass a breathalyzer test before the car will start.

However, the attorney defending the case says it’s not a legitimate argument, because the drivers failed to appeal the DMV’s order. The Florida legislature gave the DMV the right to refuse reinstatement of licenses for DUI offenders who refuse ignition interlock devices, so it’s unlikely that the outcome will impact other DUI cases.

Source: Florida high court may decide if DMV overstepped authority, WPTV.com, October 7, 2010

Continue reading "Florida Supreme Court to Decide DMV Acted Appropriately in DUI Issue" »

Though the incidence of driving under the influence of a prescription drug is increasing, authorities say it’s sometimes different to prove DUI when prescription drugs are involved. While a driver’s blood alcohol level can be quantified through a simple test, the state of Florida does not require a test to quantity the amount of prescription drugs in a DUI defendant’s system.

Field sobriety tests can be used to prove impairment, and drug recognition experts (DREs) are often called to the scene of a suspected DUI involving drugs, but those experts are in short supply because of the intensive training requirement.

Brevard County, Florida has about a dozen DREs for a county where thousands of motorists are charged with DUI annually. Like many other counties, Brevard does not track drug-related DUIs separately from cases involving alcohol.

Experts predict that if there were a quantitative analysis that could accurately prove the amount of drugs in a defendant’s system, it could lead to more plea deals.

Source: DUIs involving prescription drugs difficult to prove, USA Today, October 17, 2010

Continue reading "Broward County DUI Attorney Discusses DUI Involving Prescription Drugs" »

As Fox News points out, several DUI arrests over the past few months have involved Hollywood notables like Chris Klein, Jason Wahler, and Stephanie Pratt. Lindsay Lohan was also recently sentenced to 90 days in jail for violating her probation after arrested for drunk driving several years ago.

So, are more celebs driving drunk or are police simply getting more aggressive about arresting them?

According to a spokesperson from the Los Angeles Police Department, has implemented more DUI and sobriety checkpoints thanks to increased funding. Despite high-profile arrests of starlets like Paris Hilton and Khloe Kardasian, many celebs apparently believe that their fame will protect them from prosecution (some reporters claim this is the case but LAPD says otherwise).

Ironically, these celebrities have more than enough money to pay for a cab ride or even a chauffeur. Still, DUI arrests often have a negative impact on their careers and endorsement opportunities.

Source: Driving While Famous: Why Are More Stars Getting Busted for DUI? FoxNews.com, July 13, 2010

Continue reading " Miami Lawyers Discuss Celebs Busted for DUI" »

Today, many of the new laws passed during Florida’s 2010 legislative session go into effect. Among those laws is the Underage Drinking Bill or HB 33, which is designed to discourage adults from aiding underage drinking. It was signed into law by Governor Charlie Crist on May 12, 2010.

Under the new law, anyone who facilitates underage drinking, by selling, giving, or serving alcohol to minors, will be subject to a first-degree misdemeanor on the second offense. A 2007 study found that 48% of high school seniors said they had drunk alcohol within the previous month.

The legal drinking age in Florida is 21.

Source: Underage Drinking Bill Becomes Law On July 1st, CBS4.com, June 28, 2010

Continue reading "Florida Underage Drinking Bill Becomes a Law" »

File this under totally ineffective DUI defenses: A Florida truck driver arrested for DUI claims he drank a few beers to stay awake. Police apprehended the trucker on Interstate 75 near Gainesville after they noticed his tractor trailer swerving around the lane.

Two other drivers had already called the Florida Highway Patrol saying that a semi had almost forced them off the road. The 51-year-old truck driver’s blood-alcohol level was reportedly at .127. Florida’s legal limit is .08. He has been charged with two counts of DUI.

Our advice? Next time, consult a DUI attorney.

Source: D.U.Idiot: Trucker Drank Beer to Stay Awake, NBC Miami, June 17, 2010

Continue reading "Florida Trucker Charged With DUI, Claims He Drank Beer to Stay Alert" »

Here in Florida, a controversial program allows first-time DUI offenders to avoid jail time or even facing trial. Through the diversion program, offenders pay for and attend a Mothers Against Drunk Driving victim impact class and donate between $500 and $1,000 to MADD or the Victim Service Center. Since 2005, MADD Central Florida has collected more than $250,000 through this program.

A study of first-time DUI offenders in Florida showed that those who were convicted are three times more likely to drive drunk again than those given diversion. Another reason that the state offers this program is that it helps prosecutors focus on other more serious crimes.

However, some of the victim’s parents worry that offenders are getting off too easy.

Source: Diversion Program Angers Drunken Driving Victims, WESH.com, May 18, 2010

Continue reading "Diversion Program Gives Drunk Drivers a Second Chance" »

A 44-year-old Cooper City woman has been sentenced by a Broward County judge after she was accused of passing out drunk in her minivan while her two children wandered about a mile away.

The defendant pleaded no contest to two counts of child neglect, two counts of contributing to the delinquency of a minor, and one count of DUI. She could have faced up over a decade of jail time, but the judge sentenced her to a year of house arrest.

According to the women’s defense attorney, she has attended a parenting program, substance-abuse counseling, and DUI school since the incident in September 2009.

Source: South Florida mom sentenced for child neglect, Miami Herald, May 13, 2010

Continue reading "Judge Sentences South Florida Mom in Child Neglect Case" »

Our Broward County DUI attorneys read about a new service that could help Broward drivers get home safely after heavy drinking without risking a DUI. Zingo Fort Lauderdale will send a driver via scooter to the location of a drunk driver. Then the driver stows the scooter in the trunk of the customer's car and drives the car and the customer home safely before departing again on scooter.

This Broward County service could address one of the biggest objectives that people have against taking cabs home: that it's inconvenient because they don't want to pick up their car later. In that sense, it could reduce the number of people driving drunk in South Florida. Still, we're not sure how potential customers will feel about having a stranger drive their car and if they'll have the presence of mind to call for a driver or the patience to wait for them.

Already, Zingo Transportation has 23 branches around the country. The company was founded in 2005 in Atlanta.

Source: Packable scooter could be your way home after night of partying in South Florida, South Florida Sun-Sentinel, March 15, 2010

Continue reading "Broward County DUI Lawyers Discuss Packable Scooter Service" »

Our Miami DUI attorneys read that Will Allen, 31 a 31-year-old football player for the Miami Dolphins, was arrested and charged with driving under the influence in Miami Beach back in February. He had reportedly revved the engine of his Ferrari and refused to get out of his car at his police barricade.

The cornerback was later released on $1,000 bail, according to a spokeswoman for Miami-Dade County Corrections.

The Miami-Dade arrest affidavit states that police noticed the smell of alcohol on his breath and bloodshot eyes when they pulled him over. They also administered two Breathalyzer tests as mandated by Florida law. Allen's tests showed a blood alcohol content level of 0.152 and 0.167, which is well over Florida's legal limit of 0.08.

Source: Miami Dolphins' Will Allen out on bond after DUI stop, Miami Herald, February 21, 2010

Continue reading "Miami Dolphins Player Arrested and Charged with DUI" »

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

Continue reading "Broward DUI Lawyer: Longer Jail Sentence Thanks to Facebook?" »

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

Continue reading "Judge Rules That Seizure of Drunk Drivers' Car is Unconstitutional " »

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.

Continue reading "Palm Beach DUI Lawyer Warns of DUI Checkpoint in Lake Worth" »

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.

Continue reading "Palm Beach DUI Lawyer Warns of Enhanced DUI Patrols" »

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

Continue reading "Man Charged with Drunk Driving After Crashing Motorized Bar Stool" »

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

Continue reading "Broward DUI Cases Downgraded as a Result of Deputy Accused of Battery" »

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

Continue reading "University of Florida Grad Charged with DUI Manslaughter" »

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" »