Fort Lauderdale Criminal Attorney Blog

June 6, 2017

What to Do Following a Broward County DUI Arrest

By The Law Offices of Richard Ansara, P.A.

If you are arrested on suspicion of drunk driving in South Florida, there are certain things you can do to help your situation, and there are certain things you should never do. Before we get into the specifics, the first thing is you should always be polite and respectful to the investigating or arresting officers. This does not mean you must agree to do everything they ask of you, but you should let your DUI defense lawyer do the fighting for you at a more appropriate time.

One of the issues is that you often start off in a less than ideal position following being pulled over or the officer or trooper is approaching your vehicle following a suspected drunk driving traffic accident. One recent example of this can be seen when a Florida man was arrested for allegedly crashing into a “Don’t Drink and Drive” police cruiser while under the influence of alcohol, as discussed in a recent article from the Palm Beach Post. Continue reading

June 2, 2017

Actual Physical Control of a Car in Broward Co. DUI Cases

By The Law Offices of Richard Ansara, P.A.

The drunk driving statute (Title XXIII, Ch. 316 Section 193) states that a defendant must be in actual physical control of a vehicle to be convicted of driving under the influence. While we will get to a more specific explanation of what that means later in this post, keep in mind that actual physical control, or “APC” as it is often called by DUI defense lawyers, does not necessarily mean driving the car.

By now, most people have probably heard that world famous golfer Tiger Woods was arrested in Jupiter, Florida for driving under the influence. We have all seen the mug shot of him that was taken at 3.a.m. in which he looks less than his best. However, in this particular case, it should be noted that he was given a breath test and blew 0.000, as discussed in a recent news article from CNN. This reading, coupled with his own alleged admissions about taking prescription drugs, means this is what is known as a DUI drugs case. Continue reading

May 28, 2017

Be Wary of Field Sobriety Tests in Florida DUI Investigations

By The Law Offices of Richard Ansara, P.A.

Field sobriety tests are heavily relied upon in criminal prosecutions of DUI in Florida. However, that does not necessarily mean they are 100 percent accurate. And while motorists are required by the implied consent law in F.S. 316.1932 to submit to breathalyzer or urine tests upon request from an officer, the same is not true of field sobriety tests. More often than not, the outcome is not in your favor and serves only to add to the evidence against you.

Recently, daughter of “Matrix” actor Lawrence Fischburne was arrested shortly after requesting advice from a traffic officer on how to successfully complete a field sobriety test. A better approach would have been to simply decline.

According to a recent news report from My Statesman, she made headlines for an arrest in Fort Lauderdale on suspicion of drunk driving. Authorities have said Montana was driving her vehicle on Interstate 95 in the Fort Lauderdale area when she allegedly crashed into an SUV. Continue reading

May 25, 2017

South Florida Battery Arrest Can Have Lifelong Consequences

By The Law Offices of Richard Ansara, P.A.

Assault and battery arrests in Florida may arise from a quickly-evolving altercation, but have the potential for long-term impact on one’s life.

These cases may be charged by prosecutors as either misdemeanors or felonies. F.S. 784.03 outlines felony battery in Florida as occurring when a person intentionally and actually touches or strikes someone against their will or intentionally causes bodily harm to another person. One can also be charged with a felony if they have a prior battery conviction. As a third-degree felony, it carries a maximum five-year prison term. First-degree misdemeanors, meanwhile, carry a maximum one-year in jail.

One high profile battery arrest in South Florida recently involved an actor in the hit movie, “Straight Outta Compton.” It was the big budget biopic that was about the early life and career of the members of the legendary rap group NWA. The film was about the lives of Dr. Dre, Ice Cube, Suge Knight, Easy-E, and others.
Continue reading

May 21, 2017

Woman Arrested After Allegedly Being Drunk at Victim Impact Panel

By The Law Offices of Richard Ansara, P.A.

Most people are familiar with Mothers Against Drunk Driving (MADD). The organization’s main stated goal is to reduce the number of drunk driving fatalities in the U.S. In addition to their many advertising campaigns like you might see reflected on billboards as you drive on I-95 in Fort Lauderdale, they also have many educational programs.

One of these programs, called the Victim Impact Panel (VIP), is generally only attended by people ordered to do so in connection with a DUI plea or following trial. According to a recent news article from The Moultrie Observer, a woman was arrested at one of the VIP meetings for allegedly showing up drunk and causing a public disturbance. Continue reading

May 18, 2017

Florida Woman Accused of DUI with Child in Car

By The Law Offices of Richard Ansara, P.A.

From time to time, drivers in the Fort Lauderdale area will get arrested on suspicion of DUI when they have a child in the car. Whether it’s a teenager or a small child, the charges imposed will likely be the same.

Whenever this happens, the prosecutor tries to make it seem like the driver is the worst parent in the world. They may even threaten to charge the driver with additional charges related to child endangerment or neglect. But those accused in these situations need to bear in mind that neglect charges are typically predicated on the underlying DUI charge, which requires proof of intoxication or impairment. This is an assertion we can work to challenge. Continue reading

May 14, 2017

Florida Arrest for DUI Child Endangerment: Woman 4x Legal Limit

By The Law Offices of Richard Ansara, P.A.

Authorities made a South Florida arrest for DUI and child endangerment in Boynton Beach after allegedly discovering a woman drunk behind the wheel of a car in a parking lot with four children jumping in and out of the sunroof.

According to The Sun Sentinel, the engine of the vehicle was running. It was about 7:30 p.m. and the vehicle was parked in a Publix grocery store parking lot. In the front passenger seat, police say, was a half-empty jug of sangria. The 34-year-old woman in the driver’s seat allegedly had a blood-alcohol concentration of .358, which is more than four times the legal amount of 0.08. This was after she agreed to undergo a blood alcohol test.

Police reported they were called to the parking lot after several witnesses said they had tried to chase the young children out of harm’s way, as they were running around the parking lot and were almost struck by vehicles entering and leaving. One witness called dispatchers and said they had seen the driver drinking in the car from a large jug of wine. Continue reading

May 9, 2017

5th Circuit Rules on Police Retaliation for Driver Refusal to Answer Questions

By The Law Offices of Richard Ansara, P.A.

Citizens have certain constitutional rights when it comes to interactions with police and other law enforcement agencies. Those rights do not disappear the moment they get behind the wheel of a car. Still, it is true that motorists don’t necessarily have free reign in police interactions. For example, there is implied consent, which per F.S. 316.1932 allows police to compel drivers to submit to breath alcohol testing upon reasonable suspicion of intoxication. A refusal results in an automatic, year-long driver’s license suspension. Police have the right to temporarily stop drivers in sobriety checkpoints, so long as these operations follow certain legal protocols, such as ensuring vehicles are stopped purely at random.

Recently, the U.S. Court of Appeals for the 5th Circuit, which covers Texas, Louisiana and Mississippi, considered a case that raised the question of whether police can retaliate against a citizen for refusing to answer police questions. This is a civil case, as opposed to a criminal one, but it deals with important matters pertinent to those in a traffic stop.

According to court records, plaintiff was pulled over and declined to answer police questions. According to his complaint (and the court assumes these facts to be true at this stage, though they could later be proven incorrect), the sergeant at that point retaliated against this refusal to answer questions by ordering plaintiff out of the vehicle and then putting him face down on the ground. Continue reading

May 6, 2017

Former Florida Parks Director Arrested for DUI, Property Damage, Hit-and-Run

By The Law Offices of Richard Ansara, P.A.

The former director of the Florida State Parks was recently arrested for DUI with property damage and hit-and-run, according to the Tallahassee Democrat, which explained the arrest occurred after defendant was stopped by troopers with the Florida Highway Patrol.

According to reports, the former official, who also previously worked for the state Department of Environmental Protection, had left the scene of a crash after briefly speaking to the other driver. Troopers were called to the scene by that other driver around 7 p.m. on a Saturday. The driver reported he was traveling south when a Mercedes Benz, later identified by police as being driven by the former official, traveling in the same direction veered into his lane and struck his driver’s side mirror in passing.

The defendant reportedly pulled over, talked to the other driver for a minute, then rolled up her window and abruptly drove away. Dispatchers then started receiving other calls about a vehicle matching that description in the same area running other motorists off the road Continue reading

May 1, 2017

Hollywood Police Target Domestic Violence Offenders

By The Law Offices of Richard Ansara, P.A.

City police in Hollywood are taking aim at those previously arrested for domestic violence, vowing beefed up penalties and scrutiny – up to and including unannounced, uninvited police checks on individual residences.

The Miami Herald reports the letter, an effort initiated by the city police department’s Domestic Violence Unit, is a way of stopping domestic violence acts that may occur in the future at the hands of designated “C list” violators. The city says it is simply targeting repeat domestic violence offenders with the intent to halt the cycle of repeat abuse. They call this approach “focused deterrence.”

There are many, though, who have been highly critical of this approach – including the Broward Public Defender’s Office, which called the tactic an abuse of power. Essentially, they say, the police are punishing and/ or harassing people for an offense that hasn’t yet occurred and may not ever occur. Continue reading