Articles Posted in DUI

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Although the driver’s license has been revoked, he may still have a strong chance of succeeding at his criminal trial with the discrepancies between the video evidence and officer testimony pointed out by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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In a case in which a traffic death is alleged to have been caused by a drunk driver, it’s imperative for the accused to secure an experienced attorney dedicated to relevant challenges at every phase in the process. One of the most important phases is voir dire, in which lawyers are given the opportunity to delve more deeply into each jury panel member’s history, to gain a better understanding of individual background as well as possible group dynamics.

Fort Lauderdale DUI defense lawyers recognize that when formulating a defense strategy to maximize the potential for success in the courtroom, effective voir dire is critical. We seek to show the jury that the accused is a multi-dimensional person, and we want to make sure each juror is open to that, as well as the concept that the accused is innocent unless proven guilty by the facts.

This is true regardless of the crime alleged, though it’s especially important when the accused is facing the possibility of decades behind bars. And it’s always a responsibility we take very seriously.
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A man convicted of felony DUI in Florida has been granted a new trial by Florida’s First District Court of Appeals, which ruled a violation of the state’s accident report privilege in Wetherington v. Florida was not harmless.

For Lauderdale DUI defense lawyers recognize that this decision underscores the rights of defendants in the course of a DUI investigation.

Florida Statute 316.066 holds that information given to a law enforcement officer for the purpose of completing a crash report, as required by Florida law, will be done so without prejudice to the individual reporting. That is, no such report or statement can be used as evidence in any trial, civil or criminal.
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A 36-year-old with a long history of driver’s license suspensions and DUI convictions is facing yet another charge after Broward County Sheriff’s Office officials say he wrecked his motorcycle into a car while drunk in Fort Lauderdale.

Based on the statement by the judge at his first appearance, it doesn’t seem as if the court will be inclined to grant him reprieve. The judge was quoted as saying the defendant is an “extreme danger” to the community with multiple driver’s license revocations and suspensions, no insurance and a record of fleeing and eluding police and driving impaired.

DUI defense lawyers in Fort Lauderdale know that for many, ignition interlock has been the go-to deterrent for repeat offenses. However, that only works if the driver is legally allowed to drive a vehicle. Now, lawmakers have proposed a new solution that essentially amounts to forced sobriety.
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Last spring, the U.S. Supreme Court ruled in Missouri v. McNeely that in all except for the rarest circumstances, police seeking to force you to submit a blood sample for the purpose of having it tested for its alcohol content must have a warrant.

This was an important clarification in terms of ensuring the Fourth Amendment protections of the accused. However, our Fort Lauderdale DUI defense attorneys know that your rights don’t end there. Any warrant that is issued has to have a strong basis in probable cause. Absent that, the search may be illegal and therefore any evidence suppressed.

This is what happened recently in Snell v. State, a case heard before the Wyoming Supreme Court. In reversing a lower court’s findings, the state supreme court found that a police affidavit used to obtain a search warrant did not contain enough information to establish the necessary probable cause.
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Florida voters are on the verge of determining whether marijuana should be legal in this state for medicinal purposes, as so far 21 other states and D.C. have done.

It’s important to note that such a measure wouldn’t make driving while intoxicated legally acceptable under any circumstances. This is why our Fort Lauderdale DUI defense attorneys are unclear about why state legislators felt it necessary to introduce Florida Senate Bill 1118.

If passed, this measure would result in substantial changes to the state’s current DUI statutes, under FL Statute 316.193. The rewrites are extensive (and can be read here), but the crux of the issue is this: Police and prosecutors would no longer need to prove that a driver who consumed any federally-controlled substance was actually impaired by that substance. Rather, the measure would establish an arbitrary “metabolite DUI” provision. In these cases, prosecutors would only need to show that the drug was present in the driver’s system prior to getting behind the wheel.
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Colorado, one of just two states in the country to approve the use and sale of marijuana for recreational purposes, also has one of the strictest drugged driving laws in the nation, holding that the presence of 0.5 nanograms of pot in one’s system necessitates a DUI.

The state’s department of transportation has recently unrolled a series of advertisements aimed at discouraging driving while stoned. The primary message: “Get high, Get a DUI.”

Our Fort Lauderdale DUI defense lawyers recognize this approach as a bit misguided. Here in Florida, the drug remains illegal for any purpose, but voters will be given the opportunity in November to decide whether to green light medicinal marijuana, following in the path of 21 other states and the District of Columbia.
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Since pop singer Justin Bieber was arrested in South Florida for DUI recently, it has become apparent that there were some things that the singer did that may not work in his favor with regard to his criminal case. However, there are some things that his DUI defense lawyers will no doubt work to his advantage.
The case is relevant not so much because of Bieber is a relatable celebrity (many would argue the opposite) but because the situation resembles so many others involving young people arrested for DUI.

To start out with, we have these basic facts, as gleaned from the news media’s reporting:
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Outrage was spurred after a 16-year-old drunk driver received 10 years of probation following a fatal wreck in which four people were killed and two seriously injured.

A psychologist at the trial testified that the teen, who lived on his own in a home purchased by his father, suffered from “affluenza,” and was the entitled product of wealthy parents who reportedly never allowed him to suffer any consequences for his actions.

The teen driver was reportedly traveling 70-miles-per-hour in a 40-mile-per-hour zone when he collided with the broken down vehicle of a teen girl, whom two families had stopped to help. Two of the teen’s passengers reportedly suffered severe and permanent brain injuries. The defendant’s blood-alcohol content reportedly measured at 0.24 three hours after the crash, and prescription drugs were found in his system.

The teen could have faced up to 20 years behind bars for his DUI manslaughter arrest.
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The Fourth Amendment well establishes that before a police officer can initiate a traffic stop, he or she must have reasonable suspicion that a crime has been committed or is about to be committed.

But in the case of Navarette v. California, the question is what obligation does a patrol officer have to corroborate anonymously provided information relating to reckless drivers. The U.S. Supreme Court has agreed to take on this issue, with oral arguments slated to for late next month.

The resulting decision is likely to have a great impact on whether Broward DUI defense lawyers will have additional grounds on which to challenge the evidence against our clients.
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