These days, people have become accustomed posting almost every element of their lives on social media. There are vacation photos, music choices and even snapshots of daily meals. 
But this atmosphere of over-sharing has in some cases led to the casual and sometimes bold admittance of involvement in criminal activity.
A recent South Florida drunk driving arrest may well illustrate this, if the reports prove true.
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The Florida DUI arrest of a former corporate bigwig from New York may well have made headlines regardless of the words that came out of his mouth. However, those headlines undoubtedly appeared more prominently as a result of his perceived audacity.
Like far too many people, this individual made the mistake of assuming he could talk his way out of a DUI. In the process, he probably made the situation worse.
What we try to stress to our clients is that almost nothing you say to a police officer is going to make him or her have pity on you and let you go if in fact you’ve been drinking and driving (which you should never admit). It’s even less likely that an officer will be intimidated by threats of who you are or who you know. In fact, that almost always serves to make the officer more determined to arrest you.
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The issue of the accuracy of breathalyzers in Florida is once again being raised with the recent arrest of a woman whose blood-alcohol level might suggest that she should have been in a coma.
Our Fort Lauderdale DUI defense lawyers know that this is just the latest in a long line of cases raising serious doubt about whether breathalyzers are in fact an effective measure for determining one’s true level of intoxication.
According to media reports, the defendant, from North Florida, was stopped after reportedly running off the road on a Wednesday evening. At the time, she admitted to deputies that she had been drinking. But said she “felt fine” and consented to undergoing several field sobriety tests.
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With the start of the school year comes a heightened risk of Florida DUI arrests, not just for newly-minted teen drivers, but parents as well.
While the summer months can be spent lazily at the beach or grilling out at home by the pool, the school year is packed with child-oriented activities. That includes not just ferrying younger children to-and-from school, but also to all sorts of sporting an extracurricular activities.
These demands will have parents out and about more. Even moderate consumption of alcohol or the controlled consumption of prescription medications or over-the-counter drugs could expose parents to the potential for a DUI.
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You may have heard that starting on July 1, a new law went into effect in Florida that aims to ban the sale of certain drug paraphernalia, such as bongs, pipes and rolling papers routinely used to smoke marijuana and other controlled substances.
However, our Palm Beach criminal defense lawyers recognize that the measure is likely to be largely lackluster in terms of immediate impact. Still, it’s a mistake for store owners and marijuana users to brush this off by thinking it will have no impact whatsoever. Charges are still possible – in fact, probable, if you aren’t careful.
The new law, introduced as House Bill 49, makes it a first-degree misdemeanor, punishable by up to one year in jail, for any retailer to willfully or knowingly sell drug paraphernalia. Second and subsequent violations are boosted to a third-degree felony, punishable by up to five years in prison, a $5,000 fine, loss of a driver’s license, their business and the right to vote.
The way the law was originally penned, it was supposed to ban smoking devices made of ceramic, metal, acrylic, glass, plastic, wood or stone, with or without screens. It would have included all water pipes, bongs, ice pipes, electric pipes etc. Technically, the law only allows pipes made of corn cob, clay, meerschaum or briar.
But the law, as it is detailed in Florida Statute 893.147, is incredibly vague. The first version of the law did not have the “knowingly or willfully” provision. Adding this clause makes a huge difference in terms of enforcement. Unless law enforcement can prove that a shop intentionally sold a pipe to someone for the explicit purposes of drug use, they don’t have a case.
So what this means is that the items listed are only illegal if they are sold, used or intended/designed for use in a specific manner consistent with consumption of controlled substances.
For the most part, shops that sell these devices were already very careful about refusing sale or service to individuals who made references to illegal drug use. In some cases, stores have written policies posted on the doors saying that if a customer states or even infers that the product is going to be used to consume illegal drugs, he or she will be turned away.
Mostly, what the law does is give store owners a very strong incentive to follow this rule.
As far as those purchasing the materials, it’s not illegal unless you are using it for the purposes of consuming illegal drugs. So the pipe, bong, rolling papers, etc. are not considered drug paraphernalia unless they are either found with drugs or drug residue.
While marijuana is legal for medicinal purposes in 18 states plus the District of Columbia, Florida is not among those. Florida Statute 893.147 holds that it is illegal to use, possess, manufacture, deliver, transport or advertise drug paraphernalia. This is a first-degree misdemeanor.
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He is just 19-years-old.
The girl he is accused of killing was just 18.
The two were friends. Our Palm Beach manslaughter defense attorneys understand the boy is facing a second-degree felony charge that could put him in prison for up to 15 years.
It’s a tragic story and unfortunately, regardless of the criminal trial outcome, there are no winners.
What we strive to do is ensure your rights are protected. We know that prosecutors tend to get overzealous in these cases because it’s easy to want to blame someone. We know that the survivors in such an incident will be serving a life sentence no matter what, as the memory of such an awful event will haunt for many years to come.
In this case, the crash occurred in February, though the defendant is just now being charged because it took this long for investigators to process the laboratory results for toxicology as well as the crash scene recreation.
We know that without question, the 19-year-old was behind the wheel when he reportedly drove through a residential neighborhood in Lantana and struck a palm tree. The impact of the crash left the driver with minor injuries. However, the 18-year-old girl, a back-seat passenger, was killed upon impact.
Crash investigators say that as they’ve had a chance to analyze the evidence, it appears the crash was preceded by the driver traveling at speeds of 80 miles per hour in a 35 mph zone. He reportedly drove through a stop sign. Perhaps panicked by his unlawfully passing through the intersection, investigators say the driver swerved right. This caused him to lose control of the vehicle, sideswipe a palm tree and then strike a second palm tree. The impact of this rapidly spun the car and caused both the girl and another 18-year-old passenger, a male, to be thrown from the vehicle.
The other male was well enough, apparently, to leave the scene and run to his home nearby. It’s not clear why he fled.
Paramedics arrived to find the girl dead. The driver and another 18-year-old female, were both transported to a local hospital. Officers said they noted the smell of alcohol on the young driver’s breath.
A blood test of the driver taken at the hospital returned a blood-alcohol level of 0.089 percent. In Florida, a person is legally over-the-limit if his blood-alcohol level is 0.08 percent. However, that is only if the individual is over the age of 21. A driver under 21 is considered DUI if his or her blood-alcohol level is above 0.02 percent.
The toxicology results also reportedly returned the presence of marijuana in the young man’s system, causing investigators to conclude it was a combination of that plus the alcohol that led to the teen’s impairment.
However, our defense lawyers would argue that blood testing of marijuana is not necessarily an accurate determination of intoxication. Just because marijuana is found in one’s blood stream doesn’t necessarily mean they are intoxicated at the time of the test, as the drug remains in the system much longer than alcohol.
The teen was arrested on charges of DUI, DUI manslaughter and vehicular homicide. He is being held in lieu of $160,000 bail.
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The July 4th holiday weekend has historically been the No. 1 deadliest holiday on the roads in terms of alcohol-related crashes. In fact, it’s ranked even more dangerous than New Year’s Day.
Our Fort Lauderdale DUI lawyers know part of that is simply that more people are out and about. The weather is good, outdoor events are the focus and cold beers and iced mixed drinks go hand-in-hand with the celebrations – particularly this year, as the holiday falls on a Thursday and many people are expected to enjoy an extra-long weekend.
The NHTSA reports that even on non-holidays, the majority of alcohol-related crashes occur on the weekends and at night. So we anticipate unfortunately seeing an especially high number of DUI crashes and arrests in South Florida this year.
What we also fully expect is a host of roving police patrols and sobriety checkpoints.
While many people tend to think of a DUI as a relatively minor crime, particularly if no one is hurt and nothing has been damaged, the reality is that even if you aren’t injured, the consequences are are as significant as they are costly.
A recent analysis by Insurance.com revealed that the average misdemeanor DUI conviction will cost a defendant somewhere around $10,000. While many people blame this on the attorneys, the reality is that a good lawyer can actually help to significantly reduce these costs.
Let’s break it down point-by-point:
Your initial fines and costs. When you are arrested, you have to post bail. That can be anywhere from several hundred dollars to several thousand dollars. Much of that will be returned to you, assuming you show up for court, but you will still have to pay it upfront and there are always non-refundable fees associated with it. A good attorney can help to get your bail reduced.
Another upfront cost is the money you pay to have your vehicle released from impound. In Florida, your vehicle must be held for a 10 days in impound for a first-time DUI arrest. You have to pay for the towing and impound fee. However, your lawyer may argue that you have no other mode of transportation or that your vehicle is critical to your business. This may help you get your vehicle out of impound sooner, which ultimately saves you money.
If you are ultimately convicted, the state of Florida holds that for a first-time conviction, you have to pay at least $500, but you could pay as much as $1,000. Likely, the higher your blood-alcohol level was at the time of arrest, the higher the fine you will pay. Your attorney can help you negotiate down those fees.
Then there is the cost for DUI classes. These can run anywhere from a few hundred dollars up to several thousand, just depending on what the judge deems you should receive. Avoiding a conviction with the help of your lawyer can help you avoid these courses altogether. Not only does that save you money, it saves you time, which might be better spent working and making more money.
Next you have to consider the cost for license reinstatement. In Florida, a first-time DUI offender will lose his or her license privileges for a minimum of six months, or up to a year if the BAC was 0.15 percent or higher. Reinstatement can cost several hundred dollars.
And finally, there are insurance premiums, which can rise by as much as 20 percent upon conviction.
A good attorney will work hard to help you avoid a conviction or have the charges against you reduced. The best way to avoid a DUI this Fourth of July is to avoid drinking behind the wheel. However, if you are arrested, securing a strong legal defense is imperative.
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A man was recently arrested in Boynton Beach after officers say he was involved in an accident with injury and failed to remain at the scene.
When law enforcement later caught up with him, he explained that he had to leave in order to go home and get his driver’s license.
It was a nice try, but our Palm Beach criminal defense lawyers know that explanation isn’t likely to pass muster with a judge. It doesn’t help that he wasn’t at home, rummaging through his belongings when investigators found him. Instead, he was parked in a friend’s driveway, attempting to repair the damage to his vehicle.
This case illustrates two points:
–Leaving the scene of an accident is almost always unwise, regardless of the reason;
–Don’t give any statement at all to police upon your arrest, as you are likely to dig yourself into a deeper hole.
Hit-and-run incidents, known legally as leaving the scene of an accident, have been on the rise this past year in Florida. There is about one every week in South Florida, and indications are that they have increased over the past two years, particularly in both Palm Beach and Broward Counties.
Penalties for a conviction under this statute are severe. Florida Statute 316.027 says that the driver of any vehicle that is involved in a crash resulting in the injury of another person has to immediately stop the vehicle at the scene and remain there until he or she has fulfilled the obligations spelled out in Florida Statute 316.062.
The law says you have a duty to render aid when a crash has resulted in injury or death. That means you must stay to provide your name, address, registration number and, upon request, exhibit your license to drive. You also have to provide reasonable assistance to the person who is injured. That could mean calling for help or otherwise making arrangements to get the victim to a doctor or hospital to receive medical treatment.
Failure to do this is a third-degree felony, punishable by up to five years in prison.
If the person in the other vehicle has died and you flee the scene, you can be charged with a first-degree felony, which means there is the potential for you to be facing life behind bars.
Many times in these cases, the defendants have no idea how badly the other person is hurt. Fleeing happens in a moment of panic. They worry because they don’t have a license or they are drunk or they don’t have insurance. But in almost every case, fleeing will result in worse penalties than the original crime.
That said, staying at the scene does not mean you have to provide information to the officer beyond the basics as described above. Anything more than that and you may be incriminating yourself. Politely but firmly request to speak to a lawyer before answering any questions as to your whereabouts prior to the crash, whether you’ve been drinking, where you were going and who you may have been with.
In this case out of Boynton Beach, officers apparently did not find any evidence to file any more than one charge against him. The individual who was injured was a police officer in an unmarked vehicle. He suffered serious head injuries, though he is expected to make a recovery.
A city employee reportedly witnessed the crash and provided officers with a vehicle make and model and license plate number, which is how they ultimately tracked the suspect down.
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A retired Arizona firefighter was arrested for DUI, despite the fact that he had no alcohol or drugs in his system. This fact was verified not only with a breathalyzer, but also with the analysis of a certified drug recognition expert.
Our Broward County DUI defense attorneys understand that the case has since been dropped. But the fact remains that this man should never have been in handcuffs in the first place. The fact that he was illustrates just how erroneous the subjective presumptions of law enforcement officers can be.
Whether those presumptions were colored by racial bias, as alleged, has yet to be determined, but clearly, something in the system failed here.
According to the local news report, the man said he has adjusted his work schedule to fit his wife’s sleep schedule, as she is an ER nurse who works three, 12-hour night shifts a week.
After two years ago moving to a retirement community in Arizona from Ohio, where he worked as a firefighter, the defendant in this case, who is black, has been pulled over 10 times. He’s also been given four tickets.
That in itself is noteworthy, but nothing was so egregious as the scenario that recently unfolded not far from his home.
It was 11 p.m. and the defendant was running errands, as he often does while his wife is at work. An officer stopped him after alleging he had crossed the white line of his lane. In initiating conversation with the defendant, the officer reportedly said he could tell the man was drunk by simply “looking in your eyes.”
The defendant told the officer he had just left a fitness center swimming pool, where he had been working out. The officer insisted on conducting a series of sobriety tests. The defendant had no issue with this, but told the officer that he had bad knees, a bad hip and was scheduled to have a hip replacement in less than 48 hours. These facts were later backed by medical records.
Other officers arrived for back-up during the sobriety test. One officer asked the other if he was “doing it right” after shining the light directly in the defendant’s eyes.
After conducting the tests, the defendant was ordered to sit on the curb. He couldn’t, on account of his hip problems. He was forced to lay on the ground. He was then placed in the back of the police sport utility vehicle, handcuffed. At one point, he asked if the female officer could scoot her seat up because his hip was aching. She told him to stop his whining.
The defendant was then transported to police headquarters. There, he submitted to a breathalyzer test. The results? A blood alcohol of 0.000. Multiple tests. Same results.
Officers, still convinced for reasons unclear that the defendant was under the influence called a drug recognition expert. He conducted a series of tests. The defendant said afterward, the DRE apologized and said, “I don’t know why they even called me. I would never have arrested you.”
Again, this case illustrates who wrong officers can be. We trust that they have the training and the experience and the general knowledge to know when something is amiss during a traffic stop. But police are not infallible. Whether it’s racism or simply an egregious error in judgement, the police made a mistake. It’s certainly far from the only time it’s happened. Even in cases where you may carry some measure of guilt, an officer’s record and accuracy can make a big difference in the outcome of the case. That’s why it’s imperative that you hire a solid criminal defense lawyer to represent you.
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In anticipation of approximately 2,000 or more visitors descending upon South Beach for weekend-long Memorial Day festivities, dubbed Urban Beach Weekend, Miami Beach Police have requested backup from four other surrounding agencies.
Our Broward DUI defense attorneys understand that each night this weekend, we can expect to see some 400 officers on duty patrolling in the district.
A number of visitors interviewed by a local television station spoke of their desire to party each day of the weekend. They weren’t shy about the ultimate goals: Get drunk and have a good time.
City leaders aren’t necessarily against that. In fact, they said, they want people to have a great time and enjoy the city.
But they do expect a marked increase of alcohol-related arrests, including those for DUI. Visitors may see a not-so-fun side of the city if they are forced to spend the rest of the long weekend in jail, waiting for a judge to hold a first appearance on Tuesday.
Anyone who finds themselves in this trouble should contact a local, experienced DUI attorney before leaving town. With the initial consultation, we can usually give you a general odds of winning your case, what strategies we might employ to fight the charges and what your obligations will be as someone who resides out of the area.
Still, we hope the arrest rates aren’t as high as police are believing it may be.
The city is attempting to encourage pedestrian-friendly activities – i.e., those that don’t require driving – for those who will be drinking. One way they’re doing this is by closing off Ocean Drive from Friday through Monday from 7 a.m. to 7 p.m.
In addition to searching for suspected drunk drivers, police have said they intend to have all of their license plate scanners in full use, checking for stolen vehicles and wanted fugitives.
On the beaches, revelers can expect to see officers on all terrain vehicles, equipped with night goggles, combing the beaches after they close at midnight.
Law enforcement officials reiterated the fact that the city has a zero tolerance policy with regard to the consumption of alcohol in public.
We fully expect that on at least one night this weekend, there will be a DUI checkpoint for cars that are entering the Miami Beach area, and possibly for those who are leaving as well.
At a checkpoint last year, six people were arrested for DUI.
Two years ago during Memorial Day celebrations, Miami Beach Police shot and killed a suspected gunman on Washington Avenue. (His family has since filed a wrongful death lawsuit against the department.)
Still, the agency is hoping to avoid any similar scenario from unfolding this year.
In general, here are some tips for how to avoid DUI drama on Miami Beach this year:
–Stick to light beer or lager, which tends to contain less alcohol content by volume than other types of beer or liquor. Another benefit to this is that if you’re drinking from a bottle, you can more easily keep track of how much you hare consuming, versus mixed drinks, which could potentially be mixed differently, depending on the bartender.
–Don’t let your server call the shots. Of course they want you to get another drink before you’ve even finished the one you’re on. Pace yourself by alternating between alcoholic beverage and water.
–If you aren’t sure whether you are sober enough to drive, don’t chance it. We have plenty of taxi services in Miami. Avail yourself of them.
–Know your rights. You don’t have to submit to a field sobriety test or to a breathalyzer test. You also don’t have to answer any of the officer’s questions, aside from your basic identifying information such as name, age, address, etc.
–Be polite. This might be tough, especially if the officer has a chip on his shoulder, but it’s crucial that you keep your cool. You might still be arrested anyway, but being rude could give the officer more of a reason to give you a hard time.
And if you are arrested, contact an experienced DUI defense lawyer as soon as possible.
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Fort Lauderdale Criminal Attorney Blog