Tampa DUI Lawyer Blog

The top U.S. transportation safety agency proposed this week to lower the blood alcohol limit for drivers in all 50 states as a way to advance its campaign to cut down on DUI deaths through a severer definition of impairment.

On Tuesday, the National Transportation Safety Board voted for state authorities to reduce the legal limit by nearly 40 percent to 0.05 percent. Currently, all 50 U.S. states have a blood alcohol content limit of 0.08 percent for drivers 21 and over. Younger drivers are held to stricter standards.

While the NTSB has no authority to change state laws in Florida, it could add increased pressure on regulators to adopt this proposed rule.

The NTSB recently launched a "Reaching Zero" campaign to help reduce the number of alcohol-related accidents on the roadways and to raise public awareness about the dangers of drunk driving.

According to the NTSB, drunk driving causes nearly 10,000 deaths every year in the United States. This number accounts for 30 percent of all U.S. highway deaths annually. In a 2011 survey conducted by the AAA Foundation for Traffic Safety, it was concluded that more than 14 percent of U.S. drivers admitted to getting behind the wheel of a car when they thought they were close to or over the legal limit.
The NTSB estimates that if the limit were lowered to .05, around 500 to 800 lives would be saved every year.

So, just how would this new law translate to you? As of now, if a 180 pound male consumed four drinks within an hour his BAC would reach .08 percent, the legal limit. A .05 BAC would be reached over the span of an hour and two to three alcoholic beverages. A person's BAC is determined by gender, body weight and mass. Statistics show that many drivers start to feel the effects of alcohol when their BAC reaches .05 percent. However, the American Beverage Institute begs to differ, claiming that the average woman reaches a BAC of .05 percent after consuming just one alcoholic drink.

This proposed law would certainly be a drastic change to the Florida DUI laws already set in place. Only time will tell if this law will be pushed through.

Continue reading "Florida DUI Attorney :: NTSB Proposes Tougher BAC Laws" »

New York Yankees prospect Mason Williams, who is currently playing Single-A ball for the Tampa Yankees, was arrested on April 25, 2013 and charged with driving under the influence in Tampa.

The 21-year-old was stopped at 2:45 a.m. after police observed his Range Rover "weaving in the lane" in a 40 mph zone.

Williams was arrested at the intersection of North Dale Mabry and North B Street during a DUI traffic stop where Tampa police claim he displayed "clues of impairment."

He was taken to the Orient Road jail where he submitted to a breath test. His breath alcohol level was recorded at .062 and a .067.

It is unknown at this time what action the Yankees organization may take against him.

Florida is known for treating DUI offenders rather harshly. Whether you were arrested during a sobriety checkpoint, a routine traffic stop or at the scene of an accident, the penalties of a DUI conviction are no joke. Being arrested for DUI in Florida could mean jail time and thousands of dollars in fines. A conviction for a Florida DUI could result in administrative penalties such as your driver's license being suspended or revoked, and if that is not enough, your insurance premiums could skyrocket, or your insurance provider could drop you altogether. Not to mention the fact that a conviction will stay on your Florida driving record for 75 years.

There were 33,625 DUI convictions in Florida in 2011, according to Florida DMV records. In 2010, Hillsborough County had the highest number of DUI convictions with a staggering 3,256. While being arrested for DUI does not mean that you will be convicted of the offense, you must act fast to secure a powerful defense against the charges against you. There are many strategies that can be applied to your case to help you beat the charges or minimize the consequences of a conviction. The first thing you should do following an arrest for DUI in Florida is to contact a Tampa DUI Lawyer at Whittel & Melton.

Continue reading "Tampa DUI Attorney :: Yankees Top Minor-League Prospect Mason Williams Arrested For DUI In Tampa" »

A Clearwater woman was charged this week with DUI manslaughter in connection with an October accident where a passenger in her car was killed.

Reports allege that the woman had just exited the Bayside Bridge in the early hours of Oct. 27 when the accident occurred. She was headed south on County Road 611 just north of Roosevelt Boulevard when she failed to handle a curve and left the roadway, traveling into the median. The woman's Nissan Altima struck some landscaping before entering the roadway's northbound lanes. Her front-seat passenger, who was not wearing a seatbelt, was partially ejected from the car. Law enforcement reports say the passenger was taken to Bayfront Medical Center in St. Petersburg and died from her injuries three days later.

The Clearwater DUI Attorneys at Whittel & Melton represent many innocent clients, but also represent clients who want to move past their arrest and need an attorney with the experience and respect in the courtroom to secure a fair disposition for a client. Too often, a complacent private attorney will convince a client to plead to a DUI case with a host of probation conditions that sets the client up for failure and puts them at risk for an eventual probation violation that almost certainly will result in jail time.

Our aggressive Tampa Bay DUI attorneys we will not only investigate any evidentiary issues with your case, but we will will search for any mitigating factors either in your background or the facts of the DUI to argue for the best possible result for your circumstances to the judge.

If you have been charged with DUI, contact us today to discuss your case.
(866) 608-5529
.

St. Petersburg law enforcement has charged Timothy Michael Deacon for the DUI manslaughter of a St. Petersburg woman and DUI with serious bodily injury for the woman's life-long partner relating to a hit and run on Coffee Pot Boulevard late last year.

The Tampa Bay Times reports that Gloria Mastell and Roger Wurr were walking down the picturesque road when 21-year-old Deacon, allegedly under the influence of alcohol, approached a bend in the road and lost control. His pickup truck hopped the curb and slammed into the couple with such force that Mastell was launched into the water, where she later died. Wurr was taken to Bayfront Medical Center with severe injuries. According to authorities, Deacon sped away from the scene--but not before a bystander was able to record his license plate number.

Later that night, Deacon was found by police at his home--sitting on the ground and smelling of alcohol. Reports allege that his eyes were bloodshot, his speech slurred and that his expression was blank.

Deacon has been charged with DUI manslaughter, DUI with serious bodily injury and leaving the scene of a crash involving death. While he has never been arrested and has no prior criminal history, Deacon still faces significant prison time for these charges. Under Florida law, felony DUIs are handled differently than misdemeanor DUI, not only because many times they involve serious injury or death, but because the Florida Criminal Punishment Code (FCPC) requires judges to impose harsher sentences. Even if a defendant has no criminal priors or no other convictions for DUI, the FCPC requires that anyone convicted of DUI manslaughter or DUI Serious Bodily injury to not be sentenced to anything less than approximately 3 to 3½ years Florida State Prison.

This is why is so important to have an experienced Tampa Bay DUI attorney on your side if you have been charged with DUI. The Tampa Bay DUI Attorneys at Whittel & Melton are all former prosecutors who know the prosecutor's case against you better than they do. If you have been charged with DUI, let us help you fight for your rights. Call us 24 hours a day, 7 days a week: (866) 608-5529.

An American Eagle pilot preparing for takeoff was arrested earlier this month for DUI after he allegedly failed a blood-alcohol test at Minneapolis-St. Paul International Airport.

An airport spokesman claims witnesses alerted airport police that the pilot smelled like alcohol before he boarded the plane.

According to reports, the captain was performing preflight checks on the American Eagle flight to New York when someone apparently noticed the smell of alcohol on the pilot's breath.

Passengers had not yet boarded the plane.

After allegedly failing a Breathalyzer test, the captain was removed from the plane.

The pilot was taken to a local hospital for blood alcohol tests and then transported to Hennepin County Jail.

He was later released on his own recognizance.

The FAA is investigating the incident.

According to American Airlines, the owner of American Eagle, the pilot has been suspended pending an investigation.

Unlike motor vehicle collisions, airplane crashes almost always result in fatalities. Because of this, pilots are held at higher standards than motorists, especially when it comes to operating a plane, or attempting to operate a plane, under the influence of drugs or alcohol. A pilot DUI can affect your pilot's license, so if you are a licensed pilot and are arrested for a DUI in Florida, you must act fast and retain the help of a Florida DUI Attorney at Whittel & Melton to make sure that your rights as a motorist and as a pilot are protected.

The Federal Aviation Administration controls the activities of pilots and regulates licensing. The FAA has the ability to revoke, suspend, or cancel your pilot's license for a "motor vehicle action," which includes a DUI conviction or even administrative action that results in your driver's license being suspended or revoked.

FAA regulations dictate that a pilot may not fly an aircraft within 8 hours after consuming alcohol. The FAA forbids pilots from flying an aircraft, attempting to fly a plane or from becoming a crew member if their blood alcohol is greater than 0.04 percent, despite whether 8 hours has passed. By violating this rule, your pilot's license can be suspended or revoked.

Continue reading "Florida DUI Defense Lawyer :: Pilot Arrested for DUI in Minneapolis" »

The Centers for Disease Control and Prevention reports that binge drinking is such a serious problem for girls and women that often fails to receive the attention it deserves.

According to the CDC's Vital Signs report, nearly 1 in 8 women and 1 in 5 high school girls binge drink. Among women, binge drinking is defined as consuming four or more alcoholic beverages, such as beer, wine or liquor, on an occasion.

The CDC's study confirmed that binge drinking is most popular among women ages 18-34 and high school girls. It was also found to be most prevalent in women living in households with annual incomes of $75,000 or higher.

The CDC warns women that binge drinking places them at higher risk for breast cancer, sexually transmitted diseases, heart disease and unintended pregnancy. Binge drinking during pregnancy can lead to fetal alcohol spectrum disorders and sudden infant death syndrome.

The study also highlighted that binge drinking affects women differently than men, since women metabolize alcohol differently than boys and men.

According to the Centers for Disease Control and Prevention, those that binge drink are 14 times more likely than non-binge drinkers to drive while intoxicated. This can not only result in an arrest for DUI, but can lead to a fatal traffic accident. A motorist that is operating a vehicle under the influence of alcohol poses a serious threat not only to themselves, but to others sharing the roadway. Unfortunate accidents can happen in a matter of seconds, causing others to suffer catastrophic injuries and possibly death.

Remember, even if you do not regularly consume alcohol, you can still be arrested for DUI. A DUI arrest can happen to anyone. While it may be hard to believe, very few people who are arrested for DUI are so drunk that they can barely stand or speak coherently. Most DUI arrests involve people who are just over the legal limit of .08 and made the mistake of driving home.

The penalties attached to a DUI are quite severe in Florida. A first-time DUI conviction where a driver has a BAC of .08 may result in a fine between $500 and $1,000 and up to six months in county jail. A first-time DUI offense, where a driver's BAC is .20 or higher, could lead to nine months behind bars and a fine between $1,000 and $2,000.

Continue reading "Florida DUI Attorney :: CDC Warns Binge Drinking a Problem for Women" »

A class-action lawsuit has been filed against a former Utah Highway Patrol trooper who allegedly falsified dozens of DUI charges throughout the course of her career.

The department fired the woman in November for misconduct.

At this time, at least 40 people have come forward saying the former trooper wrongfully arrested them on DUI or drug charges.

The lawsuit was filed Dec. 14 in District Court in Salt Lake County. It is unknown at this time how much plaintiffs will be seeking in monetary damages.

Utah Highway Patrol claims it cannot comment on pending litigation.

The woman is currently under investigation by the FBI.

A dashcam video from a 2011 traffic stop apparently shows the former trooper pulling over a female driver and asking her to perform a series of field sobriety tests, which the camera evidence shows she passed. The woman was still arrested for DUI. Charges were later dropped after there was no evidence of alcohol found in the woman's body.

The former trooper was named Utah Highway Patrol's "Trooper of the Year" in 2007 for making more than 200 DUI arrests, a reward that many people should be taken away from her due to her alleged misconduct.

The woman admitted at a court hearing in May 2012, that she did not follow proper protocol while administering a DUI check in the past. She claims that while she was administering a blood-alcohol test in 2010, that she removed her microphone in order to perform the unauthorized test.

This woman's alleged actions could call all her cases into question. Her alleged conduct during DUI stops could be the basis for overturning numerous convictions made in the past. It will be interesting to see how this case plays out and what, if any, ramifications this former Utah Highway Patrol trooper receives.

While this alleged act of police misconduct is shocking, it is not something that has not been brought up before. Wrongful DUI arrests by police can and do occur, and it is not uncommon to hear of an officer falsifying an arrest report. Sadly, there are many people convicted of crimes each year that they did not commit all because of reports made by overzealous law enforcement officers. A wrongful DUI conviction can follow a person around for the rest of their life, affecting their personal reputation and future employment options. That is why it is extremely important for police to be undeniably certain an actual crime has been committed before charging a person with DUI.

If you believe that you or someone you love was falsely arrested for DUI, you should contact a Florida DUI Defense Lawyer at Whittel & Melton right away. It is in your best interests to cooperate with police, but to remain silent and not make any statements until you have legal counsel present. It is not uncommon for police to use your words against you and twist them around to incriminate you in court. Anyone arrested for DUI has legal rights, and if you were wrongfully arrested for DUI you may be able to recover financial damages.

Continue reading "Florida DUI Lawyer :: Utah State Trooper Accused of Falsifying Numerous DUI Arrests" »

It is no surprise that fatal accidents involving impaired motorists tend to increase throughout the U.S. during the holiday season. That is why law enforcement agencies and highway patrol amp up their efforts during this time with the hopes of nabbing any drivers operating their vehicles under the influence of drugs or alcohol before a tragedy can occur.

According to the Florida Department of Highway Safety and Motor Vehicles, more than 1,100 people lost their lives in traffic collisions where drugs and alcohol were involved in 2011, and thousands more suffered some type of injury.

Because DUIs are so prevalent in Florida, it is important to review the actual numbers in order to increase awareness. The following was compiled by the Florida DMV:

• 33,625 DUI convictions throughout the state of Florida were recorded in 2011

• A whopping total of 55,722 DUI tickets were issued statewide in 2011; The
Florida Highway Patrol issued 9,328 DUI tickets, local law enforcement agencies issues the remaining

• In Hillsborough County alone, there were 3,256 DUI convictions in 2010

It is important to realize that not everyone arrested for DUI is drunk or even impaired. You can be arrested for DUI as long as the police officer suspects that you are operating a vehicle under the influence of drugs or alcohol. In general, officers look for any signs of impairment when they stop a driver on suspicion of DUI. These signs can include a flushed face, watery or bloodshot eyes, slurred speech and the odor of alcohol.

Being charged with a DUI is a serious matter. Even if you are a first time offender, the penalties are quite severe, and usually mandatory. This means that if you are found guilty, there is no way to avoid the consequences. So, what are the penalties for a first offense?

• Jail Time - Up to 6 months

• Probation - Up to 1 year

• Fine between $250 and $500

• Community Service - 50 Hours

• Suspended License - Minimum of 180 days

• DUI School

While it is always best to avoid drink and driving altogether, it is important to realize that drinking and driving is not actually a crime. It is only a crime to be impaired while behind the wheel, and the legal limit in the state of Florida and throughout the U.S. is .08. Despite this fact, most police officers will arrest you if they detect the smell of alcohol on your breath.

Continue reading "Tampa DUI Defense Lawyer :: Prevalence of DUIs in the State of Florida - A Look at the Actual Numbers" »

With New Year's Eve right around the corner this means law enforcement officers throughout the state of Florida begin will begin to set up DUI checkpoints that are scheduled to begin this weekend and continue through the holiday.

Whether you plan to have a big night out with champagne and streamers, or are just planning to enjoy the college bowl games on the couch with some beer, it is important to make smart decisions and avoid drinking and driving. You can be sure that police will be out in full force looking to arrest those suspected of driving drunk this New Year's.

New Year's Eve is one of the biggest drinking days of the year. Because of this fact, it is best to devise a plan of action before the clock strikes midnight. As you plan your celebration to ring in 2013, here are a few reminders regarding sobriety checkpoints on New Year's weekend:

• DUI checkpoints are legal. While they are heavily scrutinized and tend to be controversial, an officer can stop your vehicle if he or she believes you are impaired behind the wheel.

• Law Enforcement Officers Can Stop you Anywhere. While a stationary sobriety checkpoint can nab a few drivers suspected of drunk driving, many police departments have opted to overload a high traffic area with dozens of patrol cars in an effort to stop all drivers that show signs of being intoxicated. Known as mobile DUI patrols, these law enforcement officers roam from place to place looking to catch intoxicated motorists attempting to avoid a checkpoint.

• It is illegal to Drive under the Influence of Drugs. While everyone knows it is illegal to drink and drive, some people may be unaware that it is also against the law to operate a vehicle under the influence of prescription pills or any other controlled substance.

The above tips can keep you and those around you safe from tragedy this New Year's Eve. Remember, the best way to avoid a DUI this New Year's weekend is to not get behind the wheel while under the influence of any amount of alcohol or drugs. If you are planning to consume a few alcoholic beverages, make sure you have a designated driver or an alternate way to get home.

Continue reading "Florida DUI Defense Lawyer :: Ring in 2013 Safely & Avoid a DUI this New Year's Eve" »

Tallahassee, FL - The Florida Supreme Court recently delayed oral arguments involving a drunken driving appeal that could possibly affect similar cases throughout the state.

The attorneys for three defendants were scheduled last week to appear before the justices to ask for permission to access the software for the Intoxilyzer 8000, which would help them challenge the accuracy of breath test results.

The case has been rescheduled for Feb. 5.

The Seminole County defendants are appealing a ruling by the 5th District Court of Appeal.

The appellate court suppressed a trial judge's ruling ordering the maker of the Intoxilyzer 8000, a Kentucky-based company called CMI Inc., to turn over its software.

This is the only breath test machine certified by the state for use in Florida.

This decision clashes with two similar appellate rulings that permitted defendants to subpoena records from out-of-state companies.

The purpose of the Intoxilyzer 8000 is to measure a person's Blood Alcohol Content. How does this machine do this? First, a person blows into the machine through a mouthpiece that is connected to a tube. Then, the machine is supposed to calculate the amount of alcohol in the breath by converting it to show the BAC in the body. There are a few problems with this machine, the main being that it is not scientifically accurate 100 percent of the time.

A few of the machines other problems, involve the following:

• The manufacturer of the Intoxilyzer 8000, the Kentucky-based company CMI, Inc., will not divulge what computer software program the machine operates on. Because of this, there is no way to measure whether the machine is scientifically accurate.

• This breath test machine can frequently break, requiring it to be sent back to the manufacturer for repairs.

• In order to register the most accurate reading, the machine must be properly calibrated. When the machine is not properly calibrated, it may register a false reading.

• Breath tests are often administered at jail, which could affect the accuracy of the results. A significant amount of time can pass between when a person is initially pulled over by police until they are transported to jail. The Intoxilyzer 8000 is supposed to reflect the BAC at the time of driving, not a person's BAC at jail. Once a person is taken to jail their BAC level could have increased or decreased.

• The Intoxilyzer 8000 does not differentiate between alcohol in the mouth and alcohol in the lungs. This machine can produce a reading that is rather high if there is lingering alcohol in the mouth.

• The breath test machine operates using averages. An average is not a precise interpretation and could exaggerate or minimize a person's actual BAC.

• Certain factors such as hiccupping, belching or vomiting prior to testing can affect the results of a breath test. Various health conditions, like diabetes, and the temperature of a person's breath at the time of testing can also affect the machine's reading.

Continue reading "Florida DUI Defense Attorney :: Florida Justices Delay Appeal Hearing Regarding Intoxilyzer 8000" »

A Florida Highway Patrol trooper has been sent to the Volusia County jail for five days after a judge was forced to dismiss a DUI case when he failed to show up for the trial last month.

The man's absence at trial on Oct. 30 resulted in an acquittal of DUI charges for a motorist with an alleged history of drunk driving.

Before the case was dismissed, court workers apparently tried to locate the trooper.
He did not answer telephone calls or knocks on the door of his home.

The 41-year-old may be the first member of the FHP jailed for contempt of court.

Troopers that fail to appear in court generally undergo administrative investigations. The case against the man remains open, however records indicate that he notified FHP on Nov. 5 that he plans to resign and move out of state.

The man is known for being a reliable trooper since joining the FHP in 2007.

The DUI case began last Dec. 3 around 2 a.m. when a 26-year-old Jacksonville woman was stopped for allegedly driving erratically at 92 miles per hour on Interstate 4.

The trooper claims the woman smelled of alcohol and that an empty bottle of 99-proof watermelon liqueur was found behind the driver's seat.

The woman apparently failed a series of field sobriety tests. She submitted to a breath test which showed she had a blood alcohol level of 0.192.

She was charged with DUI, the same crime she was previously convicted of in 2009. If convicted of a second DUI with a blood alcohol level higher than 0.15, she would have faced up to one year in jail and would have lost her driver's license for five years for a second conviction within five years of her first.

While there are some criminal cases that can hold up in court without testimony from the arresting officer, DUIs are not one of them. This is due to the fact that the arresting officer's observations are a crucial piece of evidence for the State's case. Prosecutors can enter findings from a police report into evidence, but the officer must show up at trial to corroborate the initial arrest report. When an officer fails to show up in court, DUI charges are likely to be dropped.

A trooper failing to appear in court is typically a career-ending offense. With that said, it is usually rare for a law enforcement officer to not show up at trial. A person charged with DUI should consult with a DUI lawyer as soon as possible following their arrest. A prompt investigation into your case could reveal favorable evidence on your behalf that could lead to your charges being reduced or dismissed entirely.

Continue reading "Florida DUI Lawyer :: FHP Trooper Jailed for Failing to Appear in Court for DUI Trial" »

Tampa, Florida - The Thanksgiving holiday weekend has been declared the most deadly four-day holiday period on roadways in the United States. In fact, between 1998 and 2008, an average of 572 deaths occurred annually on highways across the country. While many of these deaths can be attributed to increased travel and congested areas of traffic, 36 percent of these deaths were alcohol-related.

Because alcohol is as much a part of the Thanksgiving tradition as turkey and stuffing, this holiday is one of the biggest drinking nights of the year. While there is nothing wrong with enjoying a few drinks, it is important to bring up the issue of drinking and driving. According to the Florida Highway Patrol, 136 drunk drivers were removed from Florida's roadways last Thanksgiving. The National Highway Traffic Safety Administration reported 431 traffic accident deaths during this holiday period, with nearly half being a direct cause of drinking and driving.

Due to the fact that the Thanksgiving holiday presents many alcohol-related dangers to travellers, it is important to remind drivers of a few considerations this holiday weekend:

1. Florida is one of many states that will be cracking down on DUIs this holiday season. Expect to see increased law enforcement on the roads this weekend looking to arrest impaired drivers. With that said, do not get behind the wheel of a car if you have been drinking.

2. Even if you do not drink or are not planning to this Thanksgiving, be extra cautious when navigating the roads. Since Thanksgiving is a big drinking holiday, take proactive measures to protect yourself and the ones you love from the unpredictable actions of drunk or impaired motorists.

3. Florida DUI laws are strict, even for first-time offenders. A first time DUI conviction can carry stern penalties, including mandatory jail time, hefty fines, vehicle impound, suspension of your driver's license, ignition interlock, probation, DUI School and community service.

4. Understand your limits, and refrain from driving after consuming alcohol. Plan for a safe ride home before you engage in festivities just to be safe. You always have options, so call a cab or assign a friend to be the designated driver for the night. You can even use public transportation.

Thanksgiving is a time for celebration with friends and family, and a DUI charge can ruin your good times. With that said, be smart this holiday weekend and use good judgment. Yours and the safety of others is definitely something to be thankful for.

Continue reading "Florida DUI Defense Attorney :: Be Safe on One of the Biggest Drinking Nights of the Year - What You Need to Know about Thanksgiving DUIs" »

St. Petersburg, FL - A 26-year-old city police officer was placed on administrative leave last month after accusations arose that she was driving under the influence while off duty.

The woman was arrested in her personal vehicle by a Pinellas deputy near St. Petersburg.

According to a spokesman for the Pinellas County Sheriff's Office, authorities were called to the intersection of 54th Avenue N and 66th Street at about 3:45 a.m. because the woman was allegedly stopped at a red light and not going anywhere.

A citizen apparently notified authorities.

The deputy allegedly found the off-duty officer passed out in her vehicle.

She apparently refused field sobriety tests. According to the arresting officer, her blood alcohol content level was recorded at 0.185 and 0.173 percent.

She was arrested and booked into the Pinellas County Jail.

Following a DUI arrest, it is important to understand that you have legal options. Many people are wrongly accused of driving under the influence because often a DUI arrest stems from the judgment of one police officer. When you are arrested for DUI in St. Petersburg, it is simply because the officer believes you are impaired. The arrest is based purely on their opinion. In fact, all the officer can base his or her opinion on is your demeanor and appearance.

Some of the reasons for a wrongful DUI arrest include:

• Police Officer Bias

• Unfair Field Sobriety Tests

• Inaccurate Breathalyzer Test Results

• Wrongly Interpreted Breathalyzer Test Results

• High Blood Alcohol Content from something other than Alcohol

• Mishandling of Evidence

• Evidence Does Not Match the Officer's Report

Continue reading "St. Petersburg DUI Lawyer :: City Police Officer Accused of DUI" »

Winter Haven, FL - A 19-year-old woman and her unborn child were killed Sunday night after an alleged drunk driver slammed into the back of the van they were riding in.

Police claim witnesses saw a man driving a 2012 Dodge Ram pickup truck recklessly on US Hwy 27 right before he rear-ended a Chrysler van carrying four passengers stopped at a red light around 10:19 p.m.

The 19-year-old mother-to-be was riding in the left rear passenger seat of the van when the collision occurred. She suffered severe trauma during the crash and died on the way to the hospital. An emergency C-section was performed to try and save her baby girl, who was 9 months along, but the child died due to severe injuries.

The woman riding in the front passenger seat of the van was flown to LMRC with serious injuries.

The man in the right rear passenger seat was taken to Winter Haven Hospital with non-life threatening injuries. The driver of the van was also taken to Winter Haven Hospital where she was treated for bruises and lacerations.

The driver of the truck, a 27-year-old Oklahoma resident, was apparently driving at least 20 mph over the speed limit at the time of the accident.

Initial toxicology reports indicate the man's Blood Alcohol Content was .131 at the time of the crash. A blood sample was taken from the man and has been sent to the FDLE lab for analysis.

The man has been charged with two counts of Vehicular Homicide, two counts of DUI Manslaughter, two counts of DUI involving Serious Bodily Injury, DUI crash involving property damage and DUI.

The charges this man faces are undoubtedly serious. In cases involving vehicular homicide or DUI manslaughter, it is essential to act swiftly as time can play a crucial role in uncovering evidence in your favor from the scene of the accident. As with all serious collisions, a thorough investigation must be conducted in order to challenge any evidence that the State may have against you. Despite the amount of evidence stacked against you, there are many issues that must be looked into that could assist in your defense against the charges.

A Florida DUI Manslaughter Defense Attorney can investigate any issues related to the accident, including the following:

• Was the breath or blood test conducted appropriately and were results properly preserved according to the law? Is this evidence reliable?

• Did your actions while behind the wheel actually cause the accident?

• Were you the one driving the vehicle at the time of the accident? Can prosecutors actually prove this?

• Did the actions or reactions of the other driver involved cause or contribute to the collision?

• Could seat belts have prevented the death or serious injuries of the driver and/or passengers?

Continue reading "Florida DUI Manslaughter Lawyer :: Woman and Unborn Child Killed in Suspected DUI Collision on US Hwy 27" »

Largo, FL - A Tampa Bay area man was sentenced to 26 years in prison Tuesday for a fatal drunken driving crash that seriously injured the other car's driver and killed its two passengers.

The 31-year-old man was sentenced after pleading guilty to two counts of DUI-manslaughter and one count of reckless driving with serious bodily injury.

Authorities claim the man was traveling at speeds of more than 100 miles per hour in June 2011 when he slammed into another driver's car. His blood alcohol content was recorded as 0.13 percent.

A drunk driving accident that results in a fatality is usually charged as manslaughter in the state of Florida. In these cases, the State must prove that the driver was impaired by drugs, alcohol or any other substance, and that his or her actions while behind the wheel of the vehicle caused or contributed to the death of another person. A DUI manslaughter charge is a second-degree felony in Florida punishable by a mandatory term of at least four years behind bars. Sentences can vary, but you could be facing up to 15 years in prison if convicted. These cases can be very complex and generally require experts to recreate the scene of the crash. Because of the seriousness of charges, it is important to enlist the help of a Florida DUI Manslaughter Attorney right away who is experienced in handling these charges.

Continue reading "Florida DUI Manslaughter Attorney :: Tampa Bay Area Man Receives 26 Years for Fatal DUI Crash" »