Articles Posted in DUI

There are probably no sweeter words to a defendant facing DUI charges than, “Case Dismissed.” champagne1.jpg

But unless you have hired a skilled Fort Lauderdale criminal defense lawyer, you’re unlikely to hear those words. This is not a reality you want to face entering a New Year. It should be a clean slate, and that’s exactly what we strive to offer our clients.

New Year’s Eve has the unfortunate title of being the worst day in the year for DUI arrests and fatalities. The Insurance Institute for Highway Safety reports that half the fatal crashes that occur on New Year’s Eve and New Year’s Day involve alcohol. It’s the single deadliest day on our roads.

Florida Attorney General has announced that December is Drunk and Drugged Driving (3D) Prevention Month, following a resolution signed by Gov. Rick Scott, Agriculture Commissioner Adam Putnam and Chief Financial Officer Jeff Atwater. This means officers are out in full force – in aggressive roving patrols and sobriety checkpoints – to nab as many suspected drunk drivers as possible.

Definitions and penalties for driving under the influence are spelled out in FL Statute 316.193. Essentially, anyone caught driving with a blood alcohol content of 0.08 percent or more can be arrested.

This seems fairly straightforward, but there are a number of ways attorneys can challenge the charge. The first of which is the circumstances under which you were stopped. If it was during a routine stop, we will research to find out what probable cause the officer had to stop you. If the stop was during a sobriety checkpoint, we analyze each step of the process to ensure that the meticulous legal steps were followed to the letter. These include making sure cars are pulled over at random, making sure there is enough probable cause for the officers to further question you and checking to see if a supervisor was present at all times.

The next thing we will look at is the method used to obtain the 0.08 percent reading. In some cases, this will be a breathalyzer test. Problems with these machines have been well-documented. So one of the first things we’ll look at is whether the machine was properly calibrated. We will also look to see whether there may have been improper handling of the device by the officers. Additionally, there are a number of dietary factors and medical conditions that can have an impact on the test.

The other way law enforcement will determine your blood alcohol content is through a blood test. These might seem full-proof. However, these results can be challenged as well, based on the way they were collected, stored and analyzed. The protocol for conducting these tests is very specific; one misstep, and the results could be suppressed.

Then of course there are other procedural elements, such as seeing whether the officer read you your Miranda rights, that their reports are 100 percent accurate and that their courtroom testimony is truthful. Training of the officer conducting field sobriety examinations is another important element. These may seem simple enough, but when officers are quickly moving from stop to stop, it can be fairly easy to slip up somewhere.

Of course, we ultimately want you to have a safe and happy New Year’s Eve celebration. If you can avoid getting behind the wheel while intoxicated, that is best. However, if you are arrested, don’t allow it to cast a cloud over the new year. Call us today to see how we can help.
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The Florida Supreme Court has delayed a hearing until early next year on the issue of whether the maker of the only state-approved breathalyzer machine must turn over evidence showing how it works. beer4.jpg

Fort Lauderdale DUI attorneys know this ruling could impact the future of a huge number of DUI cases – both past and pending.

The Intoxilyzer 8000 is a machine that is used by law enforcement to test the blood alcohol content level of a suspected drunk driver. It purports to measure this amount through breath samples.

But problems with calibration method of the Intoxilyzer 8000 have been known for years. However, lower courts have typically ruled that defense attorneys could not compel the out-of-state manufacturer, CMI Inc., to hand over the software showing exactly how it comes up with the figures it does.

If defense analysts had access to this software, they would no doubt find inherent problems with its process, leading to a potential suppression of all blood alcohol content measurements in DUI cases where the machine was used. That is a huge number of cases.

Just consider some of the problems that have already cropped up with the machine: In 2010, an estimated 40 percent of the Intoxilyzer 8000 results tested by the state were discovered to be incorrectly measuring breath volumes. The machines were recording volumes of breath in the range of 10 to 15 liters. Problem is, the maximum human lung capacity is five liters.

One analyst who examined the machine in the course of a DUI case in Venice found that in addition to recording breath volumes that are impossibly high, the machine also was recording unrealistically high blood-alcohol numbers – to the point where scores of defendants were blowing BACs that surpassed three times the legal limit of 0.08 percent.

The one being considered by the state supreme court is Meinken v. State of Florida et al. It’s a case out of Daytona Beach, and three other similar cases out of the same area with the same issue are being lumped in to the hearing that will take place before the high court. The hearing was originally scheduled for this month, but has now been pushed back to February.

All of these cases challenge the accuracy of the test. But specifically, they say that a ruling by the 5th District Court of Appeals barring the defense from obtaining the machine software is incorrect because it conflicts with earlier rulings compelling other out-of-state companies to comply with such requests. A trial judge had previously granted the defense request, only to have the appellate court quash that order.

A ruling in favor of the defense in this case could mean even more DUI arrests will be successfully challenged on the basis of inaccurate BAC readings. Already, the 12th Circuit state attorney’s office, which covers the Sarasota area, decided not to use the results from the Intoxilyzer in about 100 cases last year.

The Florida Department of Law Enforcement had even admitted back in 2010 that some of the machines had problems, but said those have been pulled from use, fixed and are now back in circulation and being used with reliable accuracy.

We wouldn’t count on it. And neither should you. This is just one more reason why simply pleading guilty should not be an option.
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December is one of the busiest months for law enforcement officials, with many agencies gearing up to host a large number of DUI checkpoints. magnifyingglass.jpg

The Florida Highway Patrol recently announced that with the holidays, officers would be conducting a series of checkpoints, as well as saturated patrols, known as “wolf packs.”

Fort Lauderdale DUI attorneys know that despite all the work that goes into preparing a checkpoint, arrests made during the course of these operations can often be easier to fight. That’s because the rules about what constitutes an appropriate checkpoint are so strict.

Too often, many people assume they have no choice after a checkpoint arrest but to simply plead guilty and accept whatever deal the government decides to dole out. This is incorrect, and failing to fight the charges with the help of an experienced attorney can end up costing you a great amount of time, money and headaches in the long-run.

First, we have to tell you that in Florida, checkpoints are in fact legal. This is the case in the majority of states, though there are 12 that do not conduct them.

Florida, unfortunately, is one of the states known for conducting them the most frequently. While other states may have checkpoints weekly or every other week, Florida has anywhere from 15 to 20 every single month. Many of those take place in South Florida.

December is a prime month for these operations because of the increase in travelers and the abundance of holiday parties and celebrations.The day before Thanksgiving (sometimes referred to as “Black Wednesday) has become synonymous with wild parties, and from then through New Year’s Eve, police agencies are on the prowl for suspected drunk drivers.

But even if you were drinking before you got behind the wheel, there are ways that your attorney can call into question the validity of the checkpoint, and therefore the evidence obtained. This often results in a dismissal of the case or a favorable plea deal that involves a reduction in charges.

For example, in Guy v. State, decided by the Florida District Court of Appeals in 2008, the defendant was stopped in a DUI checkpoint. His license was suspended and he was already on probation for a Felony DUI. He wasn’t drinking in the latest stop, but given his past history, he was facing jail time. However, the Court of Appeals panel sided with the defendant in finding that the written DUI checkpoint guidelines as they existed gave officers too much discretion in determining which vehicles would be stopped. Essentially, this amounted to an illegal arrest under the Fourth Amendment.

This is just one example of how DUI cases can crumble under more intense scrutiny.

Just recently in Pasco County, a number of DUI arrests were dismissed after it was proven that the officers, after saying ahead of time that they planned to stop every third vehicle, in fact broke that rule and were pulling over four cars at a time.

Other rules that govern how sobriety checkpoints in Florida must be carried out include:

1. They have to be part of an ongoing program to deter drunk driving.
2. Drivers have to be sufficiently warned that they are about to enter a checkpoint.
3. The selection of where a checkpoint will be held can’t be random – there has be a specific objective in the interest of public safety.
4. Any change in the original planning of the checkpoint has to be well-documented.
5. Detection and investigation techniques have to be standardized and well-planned.

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Thanksgiving is not necessarily noted for being a big drinking day like New Year’s Eve or St. Patrick’s Day. tableisset.jpg

But it’s every bit as big a drinking holiday as it is an eating day — with football games seemingly on from Thursday right through to Sunday night.

Our Fort Lauderdale DUI lawyers know that plenty of people like to indulge during this holiday, as they enjoy the feast and the company of loved ones. But if you are planning to do so, please avoid getting behind the wheel, at least until you’ve had a chance to wait several hours and maybe even eat a second meal and take a nap.

You may have the day off, but law enforcement agencies do not. In fact, they’re quite busy, not only with conducting saturation patrols but also setting up DUI checkpoints.

It’s a fact that there are roughly 10 percent more fatal and injury-causing accidents on Thanksgiving than during other weekends throughout the month. According to the National Safety Council, it’s estimated that approximately 48,300 people will be hurt on U.S. roads throughout the weekend, while another 450 or so will tragically lose their lives. If there is one thing to be thankful about, it is that those estimates are actually lower than what the actual numbers have been in the last six years throughout the holiday weekend.

Aside from a serious injury or worse, here is what you risk by getting behind the wheel drunk this holiday:

FL Statute 316.193 forbids driving when impaired by the influence of alcohol. The threshold is defined as when an individual has a blood alcohol level of 0.08 percent or higher. A first-time conviction will result in fines of between $500 and $1,000 and up to six months in jail. A second conviction could land you behind bars for up to nine months, plus you’ll have to have a pricy interlock ignition device installed at your own expense for at least one year. A third offense within 10 years of the previous offense actually amounts to a third-degree felony, meaning you could be facing up to five years behind bars.

Better to avoid this holiday hangover altogether by choosing not to drive if you have been drinking.

If you are the one hosting this year’s gathering, consider taking the following measures to keep your guests safe:

–Make sure there is plenty of food. During Thanksgiving Day celebrations, this is usually not an issue. But make sure to think beyond just the dinner. Have snacks available throughout the day, particularly if you know they are going to be getting an early start on their drinking.

–Offer a variety of alternative drink choices, such as teas, coffees, sodas and juices.

–If you know your guests will be drinking, as ahead of time for them to designate a sober driver or arrange for them to use public transportation, a taxi or get lodging at a nearby hotel or have them stay the evening with you.

–Cut of the alcohol supply at least an hour or so before the celebration ends. Serve coffee and desert and give people a chance to sober up before heading back out on the road.

If you or someone you know is arrested for a DUI over the weekend, make your first phone call to an experienced DUI defense attorney.
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The Broward Medical Examiner’s Office admits it may have botched thousands of DUI drug toxicology test results, jeopardizing countless convictions and calling into question pending cases. laboratoryglassware.jpg

Our Fort Lauderdale DUI lawyers are ready to take your calls with questions concerning this matter, as it’s likely to affect a large number of cases.

According to media reports, the county’s public defender has been quoted as saying, “This could be a very big deal.”

The problem is with the way the Medical Examiner’s Office conducted drug toxicology tests in DUI cases prior to the end of August. We don’t know how far back the mistakes stretch, but it’s estimated it could go back a decade or more. Some estimate it could go back as far as 30 years.

Specifically, the results in question involve methodology testing for about a dozen drugs, including heroin, cocaine, hydrocodone, oxycodone, amphetamines, marijuana, Xanax, Valium, sleeping pills and other over-the-counter medications that might affect a person’s ability to drive a vehicle.

Test results for alcohol and PCP (also referred to as angel dust) are not in question.

The problem isn’t necessarily that the tests were inaccurate. The problem is that they weren’t properly scientifically validated.

That means that those results would not have stood up in court, and for some cases, could have meant the difference between conviction and a not guilty verdict.

Pending cases may be salvageable, according to the Medical Examiner’s Office, because the urine and blood samples taken at the scene are still in tact, which means they could be re-tested using proper methodology.

However, for cases that have already been closed, the evidence in most was discarded, which means there is no way to retest.

In those instances, prosecutors have begun reviewing thousands of cases that were possibly affected, and they have been instructed to notify defense lawyers if one of theirs has come under review.

However, you don’t necessarily have to wait for prosecutors to pick up the phone. If you were convicted of drugged driving in Broward County prior to Aug. 24, 2012, you may have a strong case.

The county’s new Medical Examiner, Craig Mallak, recently took over the post this summer. He had been working toward accreditation of the lab’s testing programs when the errors were discovered. His predecessor, Dr. Joshua Perper, had been on the job for 17 years prior to retiring. This was the same individual who was scolded earlier this year by the state Inspector General after his employees reportedly “lost” hundreds of prescription pain medication pills taken from the deceased.

Mallak said when he learned of the errors, he immediately shut down lab-testing operations at the office, notified the state attorney’s office and had pending and future cases forwarded to an independent lab.

It’s not just criminal DUI, DUI manslaughter or DUI homicide that are likely affected. For example, there could be a number of civil wrongful death cases that could be affected too.

The Medical Examiner’s Office said a sample of 50 recent drug cases are being independently tested to see whether the results are accurate. However, even if they are, it might not matter if the evidence used to convict an individual was not scientifically verifiable at the time of trial.
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A wealthy man who is on house arrest while appealing his high-profile conviction of Florida DUI manslaughter charges earlier this year is back in jail after reportedly tampering with his ankle monitoring device. cuffs.jpg

Fort Lauderdale criminal defense attorneys understand that polo magnate John Goodman, who was paying for constant home surveillance at his estate in Wellington, has been sent back to jail after authorities say he tried to damage the tracker on the bracelet with a handheld mirror.

Goodman’s situation is rare in that he had been footing the $2,000-a-day bill to be allowed to remain at his home under house arrest and constant supervision while his appeal is pending. What’s not rare is the implementation of ankle devices for those either awaiting charges on bail or who have already been released from prison for certain offenses and are on parole.

Ankle monitor bracelets are sometimes used in Florida DUI cases, because they can be programmed to measure alcohol levels in a person’s sweat. So if an individual has been ordered not to drink alcohol while awaiting trial, the ankle bracelet would provide evidence if that directive was not followed by the defendant.

In general, our DUI attorneys would advise anyone who has been released on the condition of wearing one of these devices not to tamper with it. Not only will it likely result in your re-arrest, you may possibly even face additional charges.

In this case, Goodman contends that he did not tamper with it, and instead hit it accidentally while taking a shower. A spokeswoman for the company that manufactures the devices counters that there are more than 30,000 of them in circulation, and that in order for one to accidentally come off or be damaged, a person would have to suffer a severe trauma, such as loss of a foot. Damage to the device, she said, would only result from a “severe blow.”

But we know from exploring the experiences of those in other states that such devices aren’t always full-proof. State officials in Massachusetts scrambled earlier this year to find a new ankle monitoring bracelet provider, after there were numerous false reports of house arrest violations. In fairness, the company the state chose to subsequently contract with was the one Florida uses now, and the one who produces the bracelet worn by Goodman.

Still, one should never say that false readings are impossible. After all, it is an electronic. It is subject to flaws, like anything else.

Attorneys for Goodman have said they want an independent analyst to look more closely at the device itself to determine if there was any way the damage could have been inflicted by accident. In the meantime, Goodman is expected to remain behind bars until at least Thanksgiving.

He was sentenced to 16 years in prison following a conviction for hitting a vehicle driven by a 23-year-old college graduate and then leaving the scene. The younger man died after drowning in the lake where his car had flipped over.

However, the defendant’s attorneys have filed an appeal on the basis of juror misconduct, after one juror conducted his own drinking experiment during the trial. While at home, he reportedly consumed the same amount of alcohol as Goodman was alleged to have been drinking the night of the crash. The juror later wrote about the experience in a book, saying he believed himself to have been drunk, and therefore deemed Goodman guilty.
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Most people facing DUI charges are terrified because it’s the first time they’ve ever become entangled in the criminal justice system.449966_handcuff.jpg

Not so for a 29-year-old Florida woman, whose recent DUI arrest is her 19th since she became an adult.

Fort Lauderdale criminal defense attorneys know that cases such as this require a special level of skill. Of course, each case is to be decided based on its own facts and merits, but the problem is that someone with such an extensive history doesn’t elicit much sympathy from the court. What’s more, enhanced sentencing laws are such that arrests for even relatively minor crimes can be met with harsh penalties.

We don’t know what this defendant’s prior crimes were, but if she was convicted of prior felonies, she could be classified as a habitual felony offender under Florida Statute 775.084. This statutes specifies that someone may receive this classification if:

1. He or she has been convicted of any combination of two or more felonies in the state;
2. The felony for which the defendant is currently being sentenced occurred either while in prison on a previous felony offense or while the person was on parole or probation;
3. The previous felony conviction happened within five years of the most recent charge or within five years of the individual’s release from community control or supervision.

This classification does not require that the previous felony convictions were for violent offenses (that is a different classification).

Habitual felony offenders face sentences that are effectively doubled. So if you are convicted of a third-degree felony, which carries a 5-year maximum sentence, you would be facing a 10-year maximum as a habitual offender.

Similarly, if you were convicted of a second-degree felony, which normally carries a 15-year maximum, you would instead be facing a 30-year maximum.

That’s why it’s so important for someone with prior convictions facing new felony charges to secure an experienced attorney. The key will be, if possible, working to negotiate lesser charges or fewer of them.

In this case, the defendant was pulled over in Charlotte County for reportedly driving erratically. The deputy reportedly recognized her from previous encounters, and knew that she had a suspended license. She declined to participate in any field sobriety tests and also refused to be searched by the deputy at the time of arrest.

As she was being processed at the jail, she was asked whether she had anything illegal on her. She replied no. However, in the course of conducting a search prior to her intake, deputies found about 24 Xanax pills.

She was subsequently charged with DUI, driving under a suspended license, resisting an officer, possession of Xanax and introduction of contraband into a county jail. That last one is a third-degree felony, as defined in Florida Statute 951.22.

In her mug shot, she displays a breezy smile. It may be time to get serious about building a strong defense.
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A number of DUI arrests have been tossed after a checkpoint held late last year in Pasco County was determined to be illegal. blackbreathalyzer.jpg

Broward DUI lawyers know that the U.S. Supreme Court ruled way back in 1990 that checkpoints were legal. It was a 6-3 decision, and it was a blow to those who sought to defend Fourth Amendment rights against unreasonable search and seizure.

The court had determined that the goal of removing impaired drivers from the road outweighed the privacy rights of drivers. Some states have subsequently outlawed the practice under their own constitution, but Florida is not one of those.

Florida law enforcement agencies conduct these checkpoints with a fair amount of regularity – about 15 to 20 times each month, according to the Governors’ Highway Safety Association.

However, that 1990 federal Supreme Court ruling came with some very specific provisions about how checkpoints must be carried out.

One of those provisions is that the stops conducted during the checkpoint can’t be random. For example, police have to establish a plan ahead of time to show that they stopped every third car or every fourth car – as opposed to simply stopping and searching whomever they felt like.

The reason for this is simple: It helps avoid profiling. So an officer can’t stop you just because you have a political bumper sticker that the cops don’t like or because of your race or ethnicity.

If they fail to do this, the checkpoint may be deemed unconstitutional, and all arrests are subsequently invalid. Most law enforcement agencies will file a plan ahead of time, indicating their method of search.

Pasco county officials did this, saying they were going to stop every third car that came through the checkpoint.

According to the local television media, the checkpoint was a collaboration between the Florida Highway Patrol, Pasco County sheriff’s deputies and Tarpon Springs Police Department.

The problem was, video from the officers’ dash cameras showed that they were not following the plan that had been outlined ahead of time. In fact, they were corralling three to four vehicles at a time – rather than every third vehicle, as was the plan. This is a clear constitutional violation.

You would think that presented with this evidence, prosecutors would simply drop the cases. But they didn’t do so without a fight. Instead, they had the officers involved sign an affidavit indicating that the checkpoint was carried out according to the guidelines set forth by the Supreme Court. But this was a lie, as the video clearly showed.

It wasn’t until a local defense attorney continued to press the issue, insisting prosecutors look more closely at the video, that they ultimately conceded and agreed to drop all prosecutions relating to that checkpoint.

When asked later for comment, prosecutors said they “missed” any indication that the stops were not legal when they first watch the video. Furthermore, police agencies said they had “no idea” they were not complying with the law.

So, either they were not being truthful or they don’t know the law. Either way, they were zealous about moving forward with these cases until one of the defense attorneys simply wouldn’t drop it.

And this is why it’s so critical if you’re arrested for DUI during a Broward sobriety checkpoint that you hire a skilled attorney. There are many technical basis for which an attorney can file a motion to suppress. If granted, it means any evidence that was improperly collected (i.e., in the course of an illegal search) may not be used against you. In these cases, prosecutors had no choice but to drop the charges because without evidence collected during the course of the stop, they had no case.
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A woman in northern Florida was arrested for DUI with eight children in her vehicle. smallhands.jpg

In addition to charges of driving under the influence, she is also accused of eight counts of child neglect.

Fort Lauderdale DUI defense lawyers know that while this is an extreme example, it’s not uncommon to face additional charges in DUI cases when children are in the vehicle at the time of your arrest.

Child neglect, as defined in Florida Statute 827.03 is a caregiver’s failure or omission to provide care, supervision and services necessary to maintain a child’s mental and physical health or failure to take reasonable efforts to protect a child from abuse, neglect or exploitation. This also means that if you are intoxicated behind the wheel, there are children in the car and you have another adult with you, that adult may also be charged with neglect.

In this case, the only adult in the car was a 32-year-old woman, who was reportedly involved in a minor crash. Police were called, and eight children were in the vehicle between the ages of 10 months and 14 years. Media reports indicate the woman’s blood alcohol level was 0.166 and she told officers that she was on her way to a nightclub.

This raises another point: You are under no obligation to tell the officer where you are coming from, where you are going or how much you’ve had to drink. More often than not, this only serves to hurt your case.

It makes the stakes of your case higher, as not only are these likely to come into play in terms of child custody, but the charge is also a third-degree felony, punishable by up to five years in prison and a $5,000 fine – for each charge.

In some cases, the best defense in these scenarios is to prove that you did not meet the legal definition of intoxication at the time of your arrest. In order to do this, you need an experienced criminal defense lawyer.

Legal intoxication means that you had a blood alcohol content of 0.08 percent at the time of your arrest. Police have a number of ways in which they try to prove that you were intoxicated, the most damning of which are often breathalyzer or blood tests.

It’s important to note that in Florida, we have what is called “implied consent.” That means that if you refuse to submit to chemical testing, you will automatically lose your license for six months. But you have to weigh the consequences here. If you know for certain you could pass the test, go ahead and take it. However, if you have children in the vehicle with you, it’s important to understand that you will likely be facing additional child neglect charges, which are felonies. In these situations, you may opt not to take the test, take the automatic six months-suspension. You may still be charged with neglect, but your defense attorney will have a better chance at fighting the DUI charge – and therefore the neglect charges – if you give prosecutors less evidence with which to work.

The same goes for submission to field sobriety tests. These are highly subjective and you are not required by state law to submit to it. However, you should understand that your refusal will likely draw the officer’s suspicion. So if you are certain you will pass it, go ahead and take it. If not, it’s best to request to contact your attorney before submitting to any testing or answering any questions.
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What could have been a simple misdemeanor DUI charge has ballooned into a second-degree felony case, after a woman allegedly attempted to bribe a trooper to let her go. cashwave.jpg

West Palm Beach DUI lawyers understand, according to multiple media reports, the 21-year-old woman is facing felony bribery charges, following the incident in Orlando.

The Florida Highway Patrol trooper reported that he stopped the driver for traveling 12 miles per hour above the posted speed limit, which was 30 miles per hour. At the time, she was driving a newer Nissan Altima.

The trooper said he asked her to exit the vehicle, and she repeatedly refused, even after six requests. The officer then reported that he saw the woman make a move for her ignition. Fearing she was going to make an attempt to flee, he opened her door and yanked her out of the vehicle by her arm.

She fell to the ground.

The trooper then reported at that time that he smelled alcohol around the area of the woman’s face. She was walked to the patrol car, and the trooper said she did so unsteadily. She was then instructed to sit on the front of the police car. As she did so, she reportedly lost her balance again.

In searching her vehicle, the trooper reportedly discovered an empty bottle of liquor.

She refused to undergo field sobriety tests before he placed her in the back of his patrol car. Once he did so, he reported that she offered him multiple times to pay him several thousand dollars to let her get out of the ticket.

Now, what our West Palm Beach DUI defense attorneys believe is important here is the way in which this offer was supposedly made. As evidenced by the dash camera inside the cruiser, what the woman reportedly said was, “Whatever I owe you, I can just pay you in cash.”

This statement alone is quite ambiguous.

The other statements appear more slightly more damning, but there is still the possibility that they could be defended in court. It will be tough for the state to argue she was too drunk to drive but consciously and deliberately committed a felony by offering a bribe.

According to the trooper, the woman told him she had previously been released by an officer for the same offense after she gave him money, and she added, “So there’s no way I could just pay you off, even if I gave you $3,000 right now.”

The trooper reportedly declined.

If the woman has no prior record, one option a defense attorney might consider is pleading to the DUI charge in order to have the bribery charged dismissed. However, it sounds like she may have a solid defense to those charges. She did not take a breathalyzer or field sobriety test, the reason for the traffic stop was marginal and a defense attorney may argue the trooper lacked cause to search her vehicle.

Bribery, as defined by FL Statute 838.015, is the act of offering a public servant some money or other benefit in order to influence their job performance or commit an omission that would be in conflict with his or her official duties. As a second-degree felony, as defined under FL Statute 775.082, it is punishable by up to 15 years behind bars.
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