Fort Lauderdale Criminal Attorney Blog

May 15, 2014

Violation of Florida Accident Report Privilege Sends DUI Case Back to Trial

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

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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May 13, 2014

Fate of Florida DUI Offenders Rests in Lawmakers’ Hands

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

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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May 11, 2014

Domestic Violence Accounts for 21 Percent of Violent Victimizations

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

A new report released by the U.S. Bureau of Labor Statistics indicates that nearly a quarter of all violent victimizations in the country – including rape, sexual assault, robbery and aggravated and simple assault – stemmed from a domestic situation.

Analysts culled victim-offender relationship data from the National Crime Victimization Survey over the 10-year period, and determined that 15 percent were the result of intimate partner violence, 4 percent by immediate family members and 2 percent by other relatives. Casual or well-known acquaintances accounted for 32 percent of all violent incidents, while strangers accounted for nearly 40 percent.

Our Domestic violence defense attorneys in Fort Lauderdale recognize that society has an interest in protecting victims of serious crime. However, too often the pendulum has swung the other way, making it far too easy for an exaggerated report or an incident of mutual violence to result in serious charges and lifelong consequences.
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April 29, 2014

Florida Supreme Court Clarifies Theft Charges

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

The Florida Supreme Court recently tossed appellate court rulings against individuals convicted of both grand theft and dealing in stolen property, finding that the lower courts erred in failing to apply a new Florida law barring conviction for both theft and stolen property when the charges relate to a single crime.

The findings are in line with the ruling issued last year in the case of Williams v. State .

As criminal defense lawyers in Fort Lauderdale, we recognize the importance of these rulings, as they serve to underscore the legislature’s intent in the passage of Florida Statute 812.025. Both grand theft and dealing in stolen properties are felonies of the second-degree in Florida. However, the 2012 statute indicates that when charged in connection with one scheme or course of conduct in separate counts that can be consolidated for trial, a defendant can only be found guilty of one or the other. (Both charges can be filed in the same case, but they have to be regarding separate counts.)
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April 22, 2014

Court: DUI Blood Test Warrant Must be Substantive

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

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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April 14, 2014

Fighting for Reduced Restitution in Fort Lauderdale Criminal Cases

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

In some Fort Lauderdale felony defense cases, the defendant can be ordered to pay restitution and compensation to any victims who may be involved.

In traffic cases, if you are or were an insured driver, depending on your policy, it’s possible that your insurance company may cover your restitution costs. If you weren’t insured or if the insurance won’t cover that amount, you will be expected to pay it out-of-pocket. This is separate from any compensation you may be compelled to pay as part of any civil lawsuits brought against you by the victims.

Keep in mind that if you are found guilty in the criminal case, that information can be used against you in subsequent civil action. Another reason to invest in an experienced Fort Lauderdale defense lawyer.
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April 5, 2014

Poor Condition of Vehicle Can be Grounds for Traffic Stop

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

Historically, courts have given a broad leeway to police officers when it comes to traffic stops, often granting a greater weight to public safety than to the rights of the accused.

However, these powers are not limitless. If a police officer didn’t at the very least have reasonable suspicion of a crime prior to initiating the traffic stop, Fort Lauderdale DUI defense lawyers know that evidence gained thereafter is subject to suppression.

Reasonable suspicion is defined in the 1968 case of Terry v. Ohio, and it holds that an officer has to be able to show specific and articulable facts which, when taken together with rational inferences, justify the intrusion.

This is a fairly broad definition, and police have a tendency to stretch it as far as they can. In some cases, when officers can’t find fault with a person’s driving, they may look to minor deficiencies in the vehicle as grounds to initiate the stop. This can be anything from a burned-out taillight to a dragging muffler.
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March 27, 2014

Florida SB 1118 Would Impose Stricter Standard for Drug DUI

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

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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March 22, 2014

Huff v. Reichert – Police Must Follow Rules in Traffic Stop

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

The law recognizes that in any traffic stop, the balance of power is skewed in favor of the police. This is why there are very specific legal protections in place for those who are the subject of these stops.

When police fail to follow the rules, it could mean that whatever evidence was collected as a result must be suppressed, leaving prosecutors with little left to press forward in the case against you.

Our Fort Lauderdale criminal defense attorneys have been successful in these cases in having the charges significantly reduced or even dismissed.

A recent case reviewed by the U.S. Court of Appeals for the Seventh Circuit illustrates why officers must follow the letter of the law. In Huff v. Reichert, the primary question was whether the officer had qualified immunity in a civil case alleging Constitutional violations for unreasonable search and seizure. The court’s response? He did not, and the civil case against him could move forward.
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March 16, 2014

Broward DUI Defense: Marijuana Impairment a Growing Issue

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

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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