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tweeting_checkpoints.jpgOur 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

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

Florida_DUI.jpgThe 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

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.

Leifert%20%26%20Leifert%20Haiti%20Food%20Drive%40.png
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.

criminal_record.jpgNational 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

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

 
http://www.youtube.com/watch?v=ZFta6qcVjZg
 

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

Florida_fugitives.jpgOur 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

supreme_court.jpgLast 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

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

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

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