Fort Lauderdale Criminal Attorney Blog

August 10, 2013

Florida Marijuana Arrests Racially Disparate

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

Not only are arrests for marijuana possession in Florida astronomically high, they also reveal a stark racial bias, according to a recent report issued by the American Civil Liberties Union.

Our Fort Lauderdale criminal defense attorneys understand that while the national average revealed that blacks were four times as likely to be arrested for marijuana-related crimes than their white counterparts – despite equal usage rates – there were places in Florida where blacks were 10 times more likely to face criminal marijuana charges.

Federal law classifies marijuana as a Schedule I narcotic, highly addictive and with no redeeming medicinal properties. Of course, this classification has been heavily refuted by medical and policy scholars, but as of right now, it remains. Some 18 states have approved it for medicinal use and a number have also decriminalized possession of small amounts for recreational use. However, the sunshine state is among them, and possession of marijuana in Florida, assuming it’s less than 20 grams, is a first-degree misdemeanor, punishable by up to one year in jail. Possession of anymore than 20 grams of marijuana in Florida is a third-degree felony, punishable by a maximum 5 years in prison. In either case, you will also face a two-year suspension of your driver’s license.

These are serious consequences with the very real potential to destroy a person’s future. And for what? The ACLU points out that between 2001 and 2011, the vast majority of marijuana-related arrests and expenses were related to crimes of possession, as opposed to distribution or trafficking. What’s more, these arrests revealed incredible racial bias that has actually crept upward in recent years.

Nationwide, blacks are 3.73 times more likely to be arrested for marijuana possession than whites. Here in Florida, blacks are 4.2 times more likely than whites to be arrested for marijuana possession.

Put another way, in 2010, there were 866 black people arrested for marijuana possession per population of 100,000. Meanwhile, there were 208 white people per 100,000 arrested for marijuana possession.

The counties with the largest disparities included:
Sarasota (blacks were 10 times more likely to be arrested);
–Martin (9.8 times more likely);
–Pinellas (7.1 times more likely);
–Alachua (6.6 times more likely);
–Nassau (5.9 times more likely).

In Miami-Dade, blacks were 5.4 times more likely to be arrested for marijuana crimes. In Broward, they were 3.7 times more likely and in Palm beach County, they were 4.8 times a more likely target.

Prosecutions for marijuana possession in Florida have tapered off only slightly since 2008, but only after rising dramatically from 2001 to 2007.

Arrests for marijuana possession account for 41 percent of all drug arrests in Florida and the state spend nearly $229 million enforcing marijuana possession laws in 2010.

There are numerous defenses our attorneys might employ, depending on your situation. We might argue:
1. Illegal search and seizure (police never had the right to search your property in the first place, and therefore can’t use the evidence found against you);
2. Lack of knowledge (you didn’t know the substance was in your possessions);
3. Constructive possession (the drug was found in a place where more than one person had access, and prosecutors can’t prove it was yours and not the other person’s);
4. Overdose defense (you are immune from prosecution if we can show the drug was only found due to your seeking help for someone experiencing a drug overdose).
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August 5, 2013

Fleeing From Florida Police Almost Never Goes as Planned

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

Had the 30-year-old driver stopped immediately for the Delray Beach police officer who attempted to pull him over late last month, he would probably have probably been arrested for driving without a valid license.

It’s likely he would have also gotten a citation for driving without a seat belt. He probably also would have been charged with possession of marijuana, as he had a small baggie in the console of his vehicle.

Instead, our Fort Lauderdale criminal defense lawyers have learned, he chose to flee. It did not turn out well for him, or especially other motorists.

Now, he is facing a number of felony charges, including driving without a license causing serious injury or death, fleeing causing serious injury or death, failure to remain at the scene of a crash and reckless driving causing bodily injury. Additionally, he’s charged with resisting an officer and possession of marijuana.

This is all going to add up to a potentially lengthy sentence if convicted. We’re talking about:

—Florida Statute 316.027, Crashes involving death or personal injuries. Failure to remain at the scene of a crash with personal injury is a third-degree felony, punishable by a maximum five years in prison.

—Florida Statute 316.192, Reckless driving. When someone is driving recklessly and such action results in serious bodily injury to another, it’s also a third-degree felony, punishable by five years in prison.

—Florida Statute 322.43, Driving while license suspended, revoked, canceled or disqualified. This is normally a second-misdemeanor, punishable by up to two months in jail for a first-time conviction. It’s bumped up to a third-degree felony if it’s a third or subsequent conviction for the same offense or if while driving on a suspended license, one carelessly or negligently operates a motor vehicle in a manner that results in serious injury or death.

—Florida Statute 316.1935, fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding. If you flee from a police officer with wanton disregard for public safety and cause someone to be seriously injured or die, it’s a first-degree felony, punishable by up to 30 years in prison.

So just with the felonies, we’re talking about a situation where someone went from facing maybe a year or two behind bars – tops – to facing more than 45 years in prison.

We can’t purport to know exactly what was going through this defendant’s mind. However, what we do know is that past similar cases almost always involve fear and panic. This man didn’t want to go back to jail, a place he’d been some two dozen times since 2000.

Here’s what reportedly happened:
An officer in Delray Beach reportedly attempted to pull this man over for failure to wear his seat belt. It was shortly after 8 p.m. on a Tuesday. The officer didn’t turn on his overhead lights until the defendant reportedly attempted to suddenly speed away, presumably after noting the officer following him.

The driver reportedly sped away at speeds of up to 50 miles-per-hour in a 25-mile-per-hour zone. He blew through a stop sign. At that intersection, a 39-year-old woman was driving her 11-year-old son home from a haircut. The vehicles collided. The fleeing driver ultimately struck a utility pole, which broke in half and knocked out power to the surrounding neighborhood.

The 11-year-old suffered minor injuries, as did the fleeing driver. The mother, however, suffered critical, life-threatening injuries. She is expected now to recover, but she may continue to be in the hospital for some time in intensive care.

The fleeing driver jumped out of his vehicle and ran. An officer chased him on foot and soon caught him. He was booked into Palm Beach County Jail, with a bond set at $65,000.

The bottom line is that fleeing almost always makes the situation worse. This man might have been arrested anyway, but he could have spent the money he’s now shelling out on bond for an experienced attorney and been much better off. The fight for his freedom is now much further uphill.
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July 30, 2013

Florida’s “Bong Ban” May be Weak, but Charges Still Possible

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

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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July 20, 2013

Broward Shoplifting Arrests Likely with Taskforce Creation

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

The Fort Lauderdale theft of some $100,000 in merchandise from two area electronics stores is being potentially linked to other retail thefts in Florida.

Our Fort Lauderdale criminal defense lawyers recognize that this incident comes on the heels of an announcement by local, state and federal authorities that a comprehensive retail task force is in the works.

According to federal officials, retail thefts nationally result in losses of approximately $30 billion and affects most storefront retail businesses to some degree.

The new task force, which is going to include deputies from the Broward County Sheriff’s Office, will target the many different types of retail theft crimes, from individuals who line their pants-pockets with tin foil to throw off anti-theft sensors to organized theft rings that have been known to drive off with containers packed with merchandise.

The recent electronics store burglaries are one example of what authorities are targeting. According to news reports, the first incident happened at a store on North Federal Highway, where a pair of individuals gained entry after store hours by cutting a hole in the roof. From there, they forced open several display cases and reportedly heisted about $30,000 worth of electronics.

The second incident, which occurred at another branch of the same business, this one on Southeast 17th Street, happened when two individuals broke in through a wall the store shared with another business. Once again, the pair targeted the display cases, this time making off with about $90,000 worth of electronic merchandise.

Similar incidents have been reported in Largo, and detectives say the incidents could be connected.

Another recent example was the case of a couple in Palm Beach County who were arrested after attempting to steal nearly $2,400 worth of baby formula from a large chain store retailer.

Then there was the Hialeah couple accused of stealing some $36,000 in children’s products. Their scheme involved purchasing expensive, big-ticket items one day. They would then return a few days later, pull these items off the shelves and then return to the register for cash using the original receipt.

The methods reportedly run the gamut, from robberies at gunpoint to sophisticated heists.

Task force investigators say these items, often stolen in bulk, are then sold at local flea markets or online.

The National Retail Federation, which cited the $30 billion figure in its latest national survey, has reportedly ranked Miami as 4th in the nation for prevalence of organized retail theft. The organization said many retailers are unprepared to confront those with elaborate schemes. He said the methods have evolved rapidly, and the deterrent actions that were effective even a year ago are no longer working.

While the task force operators say they have little interest in targeting small operations, we are confident that arrests for all types of shoplifting and retail thefts are going to spike in the coming months with the creation of this initiative.

Florida Statute 812.014 holds that anyone who steals property in excess of $100,000 can be charged with a first-degree felony, which is punishable by up to 30 years in prison. Items valued at between $20,000 and $100,000 will be charged with grand theft as a second-degree felony, punishable by up to 15 years in prison. Any theft between $300 and $20,000 can be charged as grand theft of the third-degree, a third-degree felony punishable by up to 5 years in prison.

There are also exceptions to these rules. For example, if you steal a firearm, it might only be worth $200, but according to the law, it will be charged as a third-degree felony.
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July 15, 2013

Palm Beach DUI Manslaughter Charges Facing Teen

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

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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July 1, 2013

July 4th DUI in Fort Lauderdale A Costly Ride

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

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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June 26, 2013

Criminal DNA Databases in Florida Already the Norm

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

Earlier this month, the U.S. Supreme Court released a 5-4 decision in the Maryland v. King case, which held that law enforcement officials have the right to collect DNA samples during the booking process from those arrested for serious offenses.

Our Fort Lauderdale criminal defense lawyers know this sparked a firestorm of controversy across the country in relation to privacy rights and whether the government was going too far in collecting biological data from people who had yet to be convicted of any crime.

But here’s the reality: State police agencies in Florida were already doing this. It’s just that now they have stronger backing from the high court.

What’s even more troubling is the fact that, largely under the radar, an expanding number of local law enforcement agencies have begun amassing their own DNA database of potential suspects.

The phenomenon was recently chronicled by The New York Times, which pointed out that the practice is largely unregulated and that samples are often secured without donors’ knowing it. In some cases, individuals aren’t even suspects in any crime at the time. In some cases, they are victims.

The perfect example: A man calls to report that his home has been burglarized. Police ask if he will submit to a DNA sample so that his biomarkers can be excluded during the course of the investigation. The victim’s samples are then stored in the department’s criminal suspect’s database. It’s stored there indefinitely and can be scanned at any time in relation to future or past crimes – all without the donor having any knowledge whatsoever that the sample is being used this way.

It’s a trend that is expected only to accelerate after the ruling in Maryland v. King.

It’s tough to say exactly how many agencies have begun their own databases. We do know that New York City has about 11,000 crime suspect profiles. Orange County, California has about 90,000 profiles. And in Central Florida, a number of law enforcement agencies have worked together to pool their DNA databases so they have a larger sample upon which to draw.

Of course, this begs the question: Why not just use the state and federal DNA databases, which are better regulated and have more samples overall?

The answer is, first of all, that local law enforcement agencies still do tap federal and state databases to cross-reference their samples. However, many police officials say it’s costly and time-consuming.

Plus, those databases don’t have profiles for lower-level offenders. These individuals might not have DNA samples that end up in the larger databases for years, when they are caught committing a higher-level crime.

Of course, while it may be semi-effective in the short-term for solving some cases, this practice of collecting samples for future, undefined investigative use raises serious Fourth Amendment concerns regarding unlawful searches.

In Central Florida, the police chief in Palm Bay said the samples have been used to produce some 1,000 matches in the last several years, mostly for low-level property crimes like burglary.

However, individuals prosecuted after DNA samples were taken unwittingly or unwillingly and not in accordance with state or federal law could potentially make a strong case to have that evidence suppressed in court.
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June 22, 2013

Leaving a Florida Crash Scene Not a Good Idea

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

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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June 17, 2013

Florida Court: 20 Years for Domestic Violence Warning Shot

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

The 31-year-old mother of a toddler and 11-year-old twins had never before been arrested.

She had never intended for anyone to get hurt.

In fact, no one was hurt when she fired a warning shot into a wall three years ago to scare her husband, whom she felt was physically threatening her, into backing off.

And yet, our Fort Lauderdale domestic violence defense lawyers have learned, she has been slapped with a 20-year prison sentence.

This is a miscarriage of justice, and it highlights some of the deep flaws in the state’s minimum mandatory sentencing laws, which allow for little to no judicial discretion if a person is convicted.

Cases like this show why it’s so important to hire a good lawyer from the very beginning of a case, and hopefully help you avoid a conviction and ultimately a tragic outcome.

The woman was arrested on a charge of aggravated assault with a deadly weapon. According to Florida Statute 784.021, an aggravated assault is an assault with a deadly weapon without intent to kill or with intent to commit a felony. It’s a third-degree felony, punishable by up to five years in prison. However, because she fired a gun while committing a felony, it is boosted the penalty. Under the state’s mandatory minimum gun laws, a 20-year sentence was required.

The judge in this case refused to allow the defendant to invoke the state’s “Stand Your Ground” defense law, which would have given her the opportunity to argue self defense.

Critics are decrying the assertion that racism may be at play here.

In this case, the defendant was a young black woman who had a master’s degree and no criminal record. Her husband, however, reportedly had a history of abuse. The gun was legally registered and owned. She had a restraining order against him, even though she’d only had a child with him less than two weeks earlier. She had only gone to the home to retrieve her belongings. Even her estranged husband would later admit to police that he had abused her, he threatened her life that afternoon and he never believe she intended to kill him because the gun was never pointed directly at him. Yet she was convicted in less than 15 minutes by a jury and sentenced to 20 years in prison by a judge who said he had no other choice.

Yet, another recent case involved an elderly white man who walked in on his wife engaging in sex with a younger man and shot the other man dead. In that case, he claimed he believed he walked in on a stranger who had broken into his home and was raping his wife. In that case, he was acquitted under the “Stand Your Ground” law.

The minimum mandatory sentencing, which is known as the state’s “10-20-life” law was implemented in 1999. Anyone who displays a firearm in the commission of certain felonies receives an automatic 10 years behind bars. Anyone who fires a gun in the commission of certain felonies will receive a mandatory 20 years. If someone is shot or killed, he or she will receive 25 years to life in prison.

Florida is one of many states with minimum mandatory laws, mostly pertaining to drugs. But cases like this show how unfair these statutes can be. Even the Republican state legislator who originally created the law back in 1999 said the sentence in this case was not what lawmakers intended. Rather, he said, lawmakers were seeking to “get at the thug who was robbing a liquor store and… pulled out a gun and shot someone during the commission of a crime.”

Unfortunately, when lawmakers fail to consider the consequences of drafting overly-broad legislation, this is the kind of result we might see.
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June 10, 2013

Man Arrested for DUI Despite No Alcohol or Drugs in System

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

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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