DUI checkpoints occur nearly every day across the country, and up to several times a week in Florida. While some states refuse to allow them, sobriety checkpoints have been deemed constitutional by the U.S. Supreme Court and the Florida Supreme Court. Still, they continue to raise the ire of some…
Fort Lauderdale Criminal Attorney Blog
State v. Daszkal – Teen Avoids Prison in DUI Manslaughter Case
A teen driver who confessed to police he had consumed marijuana just prior to a fatal crash that claimed the life of a 65-year-old motorcyclist two years ago will not go to jail, according to a new report by the Sun Sentinel. This is an interesting case because F.S. 316.193…
Smith v. Florida – New Trial for Drug Defendant for Improper Testimony
A man previously convicted of drug dealing has been given another trial, after Florida’s First District Court of Appeal ruled certain testimony from a law enforcement officer was improperly admitted. According to court records in Smith v. Florida, an officer, over the objection of defense counsel, detailed the “typical” drug…
Fort Lauderdale DUI Manslaughter Cases in Court
Prosecution in a number of DUI-related deaths in Fort Lauderdale has recently made headlines, with authorities seeking harsh penalties for convicted defendants. Courts in Florida are given broad discretion in terms of sentencing in a DUI manslaughter case, thought there is a minimum mandatory sentence of four years in prison,…
New Year, Clean Slate: Seeking Expungement in Florida
As we look to a new year, some may wish to explore the possibility of a clean slate. That is, to have their criminal record expunged so it no longer hinders their ability to secure a job, student loans or other opportunities. You may have heard recently of celebrity Mark…
Shoplifting Charges, Theft Allegations Up Amid Holidays
Tis the season for giving – and also for taking. Theft in its various forms inevitably spikes during the holidays, when more opportunities present themselves. From retail theft to package theft to identify theft – there is always more of it in December and January. Law enforcement agencies have responded…
Report: Florida Cornerback Avoids Criminal Charges for DUI Hit-and-Run
In the wee hours of the morning in early October, the starting cornerback at Florida State University was returning from a celebration of his team’s victory. Meanwhile, in the opposite direction, a teenager was returning home from his shift at the Olive Garden. The football player reportedly entered the oncoming…
Florida Domestic Violence Arrests Up Over Holidays
The number of domestic violence reports, arrests and shelter resident counts increase every year around the holidays. Experts who study the issue point to a number of potential factors: More frequent bouts of depression, loneliness, family tension, alcohol consumption and more time spent indoors and at home. It’s also a…
Florida v. Henderson – Court Rejects 4th DUI as “Isolated Incident”
A woman arrested for her fourth DUI while still on probation for the third had not committed an “isolated incident” warranting a downward departure on sentencing, Florida’s Fifth District Court of Appeal ruled recently. It was the second time the case of Florida v. Henderson had been before the appellate…
Ten Years Prison for Four-Time DUI Offender in Wrong-Way Crash
Many people think of a DUI arrest as something of an inconvenience. They know they’ll likely lose their license for a time, incur hefty fines and court costs and will probably need to hire a lawyer if they hope to negotiate lighter penalties. However, for those convicted of multiple DUIs…