Articles Posted in DUI

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 holds that a person convicted of DUI manslaughter, the charge the teen was facing, will serve a minimum mandatory sentence of at least four years in prison. That’s the minimum. As a second-degree felony, the law allows for up to 15 years of prison time on each count.

The caveat here is the teen won’t be convicted of DUI manslaughter. Instead, a plea deal struck in negotiations between his legal defense team and prosecutors involves reducing charges to reckless driving causing serious injury and a minor marijuana possession charge.
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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, per F.S. 316.193. Depending on the circumstances, one could serve a maximum of 15 to 30 years on a single charge (the latter reserved for first-degree felony cases in which defendant caused the crash while drunk and then also fled the scene without rendering aid as required by law).

Prior to last year, some defendants may have had incentive to flee, as penalties for a fatal hit-and-run were far less than those for DUI manslaughter. If the person could hide from authorities long enough for their blood-alcohol content to diminish, they had a good chance at a reduced penalty. That’s no longer true, following the passage of the Aaron Cohen Life Protection Act, which increased the minimum mandatory penalties for fatal hit-and-run to align with those for DUI manslaughter.
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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 lane. Both vehicles were totaled. While Florida law requires any driver involved in a crash to remain at the scene, the football player and his two friends allegedly fled on foot.

This was serious. First of all, DUI in and of itself is a considerable offense, punishable per F.S. 316.193 with up to six months in jail, a $1,000 fine and possible ignition interlock installation for a first-time conviction. Involvement in a wreck with property damage while drunk is a first-degree misdemeanor, punishable by up to one year in jail. Causing serious bodily injury in a DUI crash is a third-degree felony, punishable by up to five years in prison. Then there is the hit-and-run aspect, which per F.S. 316.027 carries a five-year prison term if the crash resulted in injury and a 30-year prison term if the crash resulted in death.
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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 court for sentencing issues.

The first time, the trial court sided with defense, ruling a downward departure sentence was warranted because of non-statutory mitigators. Appellate court disagreed and remanded. Then, trial court decided that because her fourth DUI was her first felony DUI, the incident was “isolated,” and therefore a downward departure sentence was allowed. The trial court imposed the original sentence. Appellate court again reversed, meaning defendant now faces up to five years in prison.
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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 or for involvement in crashes that result in serious injury or death, the outcome is often much more grim. These are felony cases requiring intervention from an experienced and dedicated legal advocate.

Depending on the circumstances, defendants could face between 5 to 30 years in prison. These charges are not a mere inconvenience – they are potentially life-altering.
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Florida and Ohio courts both recently were tasked with weighing the viability of breathalyzer results as key evidence in criminal cases alleging driving under the influence of alcohol. Both courts came up with different answers.

The news isn’t good for those arrested for DUI in Florida.

In Vuong et al. v. Florida Department of Law Enforcement, Florida’s Fourth District Court of Appeal was not swayed by the claims of 41 DUI defendants from Palm Beach County. They claimed the administrative code governing the state’s top law enforcement agency was too vague and failed to provide sufficient guidance for approval and use of the standard Intoxilyzer 8000 breath test instrument.
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Hello folks,

It has been a long and hard week at the Ansara Law Firm. However, we are pleased to announce that all of our hard work has paid off today for our DUI Client. This client was arrested by officers of the Fort Lauderdale Police Department after he allegedly was driving “erratically” after leaving Fat Cat’s bar in Downtown Fort Lauderdale. These officers accused our client of running two stop signs, making an illegal left turn, and failing to maintain a single lane (swerving). This all occurred in the Himmarshee Bar District in downtown Fort Lauderdale.

Officer M. Wright ID #1782 believed our client was potentially DUI. Officer Wright decided to call the Broward Sheriff’s Office Deputy Ryan Clifton ID #16362 from the DUI Task Force. These Deputies are “specifically trained” to handle DUI investigations. The reality is that if you are subjected to an “investigation” by these guys you are likely heading to jail regardless of whether you are truly impaired. If anyone has a problem with that statement I would be happy to show them clear proof of individuals I have represented that were ultimately proven to have zero alcohol or drugs in their system and were still arrested for DUI. That is a fact folks and I can back it up.

Anyways to make a long story short Deputy Ryan Clifton ultimately arrested my client after he performed “poorly” on the road sobriety tests. He later asked my client whether he would perform a breath test. My client agreed and blew a .157 breath. That is almost double the legal limit!

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One of the best ways people can protect themselves from arrest for DUI or drugs while driving is to minimize the chances of being stopped in traffic in the first place by keeping the vehicle in good working order.

When a vehicle is in a state of disrepair – even minor disrepair – it can form the basis for a legal traffic stop that can lead an officer to question your level of intoxication, the contents of your vehicle and your intentions.

We saw this recently in the case of Florida v. English, where trial court granted a defense motion to suppress when a traffic stop was based on a vehicle deficiency. However, that decision was overturned by Florida’s Fifth District Court of Appeal.
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Five counts of DUI manslaughter have been dropped against a South Florida man accused of causing a crash while high on marijuana. Prosecutors simply said there was not enough evidence to support those charges, but the move comes after serious questions were raised about the veracity of the blood test analysis taken hours after the crash, while defendant was in the hospital.

The Riveria Beach crash suspect still faces five counts of vehicular manslaughter – and a possible 75-year prison sentence if convicted on each of those charge. But with the question of impairment now off the table, our Fort Lauderdale DUI defense lawyers know those charges too could be even tougher to prove.

The case first began last year, when the 22-year-old was allegedly high on marijuana while driving off an I-95 exit ramp onto Blue Heron Boulevard when he lost control of the vehicle and struck another, causing all five occupants in the other vehicle to crash and die. The deceased were all friends – a 14-year-old, two 17-year-olds and two 22-year-olds.
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More than ever, our criminal justice system relies on technology to aid in the fact-finding (or disputing) process. From DNA analysis to reviewing the contents on a computer hard drive, our Fort Lauderdale DUI defense lawyers know the ability to tap into technology plays a vital role.

However, it’s still not the only element courts will consider. Recently, Florida’s First District Court of Appeal weighed whether trial court’s review of a hearing officer’s decision to uphold a driver’s license suspension for refusal to submit to a breath or blood analysis was legally sound. Although one justice dissented, the court found the trial court erred in engaging in what amounted to a whole new review of the video evidence, as opposed to simply reviewing whether there was reasonable factual evidence to support the conclusion.

Although the driver’s license has been revoked, he may still have a strong chance of succeeding at his criminal trial with the discrepancies between the video evidence and officer testimony pointed out by the trial court in State of Florida, Department of Highway Safety and Motor Vehicles v. Wiggins.
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