Tampa DUI Lawyer Blog

According to scores of reports, the former Tampa celebrity was arrested for DUI in New York City, however not due to excessive use of alcohol, but rather smoking marijuana.
Most states in this country, including both Florida and New York, have DUI or DWI laws against operating a motor vehicle while being under the influence of any drugs or alcohol to the extent that their normal faculties are impaired.

In Florida, this simple definition is tested everyday as Florida residents, often under the care of a physician, operate motor vehicles while taking their prescribed medication. Like driving under the influence of medication, marijuana is judged similarly. The central legal issue will not simply be whether Mr. Simms was smoking pot before he got behind the wheel, but instead whether his alleged use of marijuana impaired his ability to operate a motor vehicle under New York law. Testimony about Mr. Simm’s driving pattern and demeanor at the scene will most definitely be part of the prosecution’s case. It has been reported that Mr. Simms also allegedly admitted to smoking marijuana to law enforcement.

On a personal note, I’ve never understood why anyone would drive a vehicle after drinking in New York City, as it is the easiest city in the United States to get a cab. Apparently for Chris, being the son of former N.Y. Giant’s Super Bowl Quarterback Phil Simms was not enough to escape the DUI charge.

Continue reading "Former Tampa Bay Buccaneers QB Chris Simms Arrested for DUI " »

An awful Sumter County truck/motorcycle accident from this past March involving two trucks and two motorcycles, resulting in four deaths, has led to a man being charged with four counts of DUI Manslaughter, four counts of Vehicular Homicide and one count of Driving While License Suspended and/or Revoked.

According to news reports, the accident occurred on a Saturday night, as the accused attempted to pass a 2003 Dodge Truck in his 1991 GMC Truck by using the oncoming lane on CR 476. Unfortunately, the pass was unsuccessful and resulted in the 1991 GMC Truck hitting two motorcycles head on.

The Sumter County DUI Manslaughter Attorney assigned to this case will have his work cut out for him or her. Most notably, there are a myriad of different ways the prosecution can go on this case based on the facts. It will be interesting to see how the depositions of the witnesses in the 2003 Dodge Truck turn out. In all Felony prosecutions in the State of Florida, the Defense and the State are entitled to depose certain types of listed witnesses prior to trial. It has been reported that one of the motorcyclist who lost their life that evening was actually ejected directly into the windshield of the Dodge truck.

Continue reading "Bushnell DUI Manslaughter Lawyer :: Sumter County, Florida DUI Manslaughter Charged in Motorcycle Accident" »

Most Florida DUI lawyers don’t care for Roadblocks or Checkpoints, as Florida law enforcement is empowered with so many other more specific tactics to focus on DUI arrests. However, the Supreme Court has allowed these types of warrantless stops under certain provisions and the Ocala Star-Banner is reporting another will occur very soon.

The Ocala and Belleview Police Departments will be out on Friday and Saturday at the 3800 block of East State Road 40 at 7:30 p.m. and will last until early Saturday.

Florida law holds law enforcement to higher standards than in a typical DUI arrest. DUI roadblock cases have additional legal requirements because of the driver’s Fourth Amendment right to privacy and protection from unreasonable search and seizures. The fact is, unlike a normal DUI case, where cops are either called to the scene of an accident or stop an individual for a traffic infraction; in a DUI roadblock situation, a driver, for no reason other than traveling on a road, is stopped and questioned momentarily without cause. This police stop triggers constitutional protections that requires the State of Florida to, among other things: (1) show the reasons why they set up a DUI roadblock, (2) establish consistent policy and procedures for the operation of the roadblock, (3) state the goal of the operation, and (4) provide an adequate amount of protection to the citizens, i.e. not stopping every driver that falls upon the roadblock route. The last question is the most scrutinized, as courts and legal scholars have often argued that roadblocks create a chilling effect on citizens’ freedom to travel in the community—a right the U.S. Supreme Court has established as a fundamental constitutional right.

Continue reading "Ocala DUI Officers Cast Wide Net :: Ocala DUI Checkpoint Friday and Saturday" »

A 44-year-old investigator and researcher for the Pasco-Pinellas State Attorney's Office has been arrested for allegedly driving under the influence, possession of a controlled substance and trafficking hydrocodone.

Tampa Bay Online is reporting that an Amscot Financial employee noticed a woman slumped over the wheel of her car early Sunday morning and then called for help.

Florida Highway Patrol reports say that the two law enforcement officers who were first on scene noted that her balance was unsteady and she had "extremely slurred speech." A trooper asked the woman to do field sobriety checks—and she performed poorly, often swaying and nearly falling asleep while standing, the report states. She reportedly told the trooper she's had numerous back surgeries and takes a lot of prescription medicine for the pain. She refused to give law enforcement a urine sample, but admitted to having prescription drugs in her system. There were also bottles of prescriptions found in her car.

Even though prosecutors don’t have a breath sample to gage whether this woman was under the influence of alcohol or a urine sample to ascertain the level of drugs in her system, they can rely on her admission as well as the pills found in her car to support their case for DUI. As for the drug trafficking charge, the threshold is very low for the amount of prescriptions that arise to trafficking the substance. I have noticed a trend as of late where prosecutors have been aggressively pursuing drug trafficking charges when it’s clear that the drug confiscated are for personal use. I’m interested to see if this trend continues in the new year.

The Pasco County DUI attorneys at the Law Offices of Jason M. Melton have handed DUI cases involving drugs, alcohol and car accidents. If you or someone you know has been charged with DUI, please contact our offices at (727) 847-2299 or online to set up a consultation.

Fast food can be very bad for you, but who knew this bad? Yesterday, a woman mistook a police officer for a Sonic car hop and as a result, was charged with DUI and possession of drug paraphernalia. According to the Associated Press, a 911 caller reported the woman after she nearly struck several vehicles before pulling into the drive-in.

When they arrived, law enforcement found the woman slumped over the steering wheel. When a female officer tried to get the woman's attention, the woman handed her a $20 bill, continuing to offer it even the officer identified herself. The woman was arrested and the officer found a syringe, a spoon with white powdery residue and numerous bottles of prescription medicine in the car.

While this is a case from Tennessee, it is important to know that the State of Florida has signed on to an Interstate Driver's License Compact in conjunction with approximately 45 states and the District of Columbia. What does this mean for a driver from another state who is arrested for DUI in Florida? Florida DUI conviction will likely be reported to your home state, which as a result of the Florida conviction, will usually take steps to suspend your driver’s license.

Continue reading "Officer, can I have fries with that? Woman mistakes cop for Sonic car hop and is charged DUI" »

This new report is pretty unbelievable. The Orlando Sentinel is reporting that a central Florida man has been charged with driving under the influence after Marion County law enforcement said he crashed a stolen riding lawnmower into a school bus.

The Marion County Sheriff's Office reports that two men were riding the lawnmower down a Belleview road last week when a deputy responded to the area. The mower had been reported stolen from an Ocklawaha home earlier that morning. According to the deputy on the scene, the driver’s breath smelled like alcohol and was uncooperative. He was charged with DUI, threat to a public servant, criminal mischief and grand theft.

Did you know that roadside exercises are voluntary or that law enforcement must have probable cause to ask you for a breath sample? The Marion County DUI attorneys at the Law Offices of Jason M. Melton understand the intricacies of DUI investigations and have obtained dismissals and suppression of evidence for many of their clients because law enforcement didn’t follow the proper investigative procedures. If you have been charged with a DUI, contact us at 352-726-0078. Don’t face the judge alone.

According to the Gainesville Sun, a 25 year-old Chiefland man was arrested with minor injuries after he allegedly struck another vehicle leaving the driver of that vehicle hospitalized. To make matters worse, the charges also allege that he not only committed Driving Under the Influence, but he allegedly left the scene of the accident and did not have a valid Florida Driver’s License.

Florida Highway Patrol has indicated that the driver, and future Levy county Defendant, was spotted weaving in and out of his lane before hitting the victim’s car. The accident occurred in between Bronson and Williston on Alternate U.S. 27.

The defendant will soon learn that he potentially faces multiple Levy County charges. To start with, the defendant's car had one passenger and the victim’s vehicle had three passengers. That means that he could potentially could face one count of DUI with injury for each passenger, four counts in total. Further, the injuries of the victim driver appear to be serious, therefore it is likely he could face DUI with Serious Bodily Injury, a third degree felony under Florida law. In order to prove this enhanced DUI charge, the prosecutors will be obligated to show a nexus between the drinking and driving and the injuries sustained, i.e. that the “drunk driving” of the defendant caused the accident, thus creating the injuries-- rather than some other contributing force or conduct of the other driver themselves.

Secondly, the defendant could face the charge of Leaving the Scene of an Accident (LSA). Like DUI, LSA is normally charged as a first degree misdemeanor, however, LSA can also have a felony enhancement due to the severity of the accident, since reports are that he fled the scene. If the accident involves injuries, the State Attorney's Office can file the third degree felony charge of Leaving the Scene of an Accident with injuries. A third degree felony can expose an individual up to a maximum of five years State prison. In order to prove LSA with injuries, the State prosecutors will need to prove:

1) Criminal Defendant was the driver of a vehicle involved in an accident resulting in injury; and
2) Criminal Defendant knew or should have known that he was involved in the accident; and
3) Criminal Defendant knew or should have known that the victim was injured; and
4) Criminal Defendant either willfully failed to stop and render assistance and/or did not leave any indentifying information to law enforcement/ victim/ etc.

Lastly, the defendant could potentially face the second degree misdemeanor charge of No Valid Drivers License (NVDL). This charge appears to be the least of his worries, but it certainly will not be missed by the presiding Levy County Judge or prosecutor and could allow the court to sentence him to more prison and/or jail time time.

Continue reading "Levy County/ Gainesville Criminal Defense Lawyer Jason Melton Discusses a Recent Arrest for DUI, LSA with Injuries and NVDL" »

According to reports from Ocala.com, the Marion County Sheriff’s Office, in conjunction with the Florida Highway Patrol, set up a DUI checkpoint on South Magnolia Avenue Friday night.

Law enforcement reported that of the 440 cars that passed through the area, four drivers were given traffic infraction citations; there was one arrest for DUI and one arrest for driving while license is suspended or revoked; one arrest for possession of marijuana; and one citation given for having an open alcohol container in the car.

Florida Law Enforcement has a manual that establishes policies and procedures for DUI checkpoints. (FDLE DUI Checkpoint manual can be found here.) For example, an operational plan for the checkpoint must be put in writing 10 days prior to the checkpoint date. And, according to this manual, “a driver's effort to avoid a checkpoint is not sufficient to justify the stopping of a vehicle. Probable cause or reasonable suspicion of criminal activity or other traffic related violations must occur in order to warrant the stopping of a vehicle.” The failure of law enforcement to follow the procedures set out in this manual may call into question the validity of checkpoint and render any arrests arising from the stop illegal.

Continue reading "Checkpoint results in Marion County DUI and DWLS arrests" »

Ocala law enforcement apparently got an eyeful this week when they stopped a naked man speeding on a motorcycle on 1-75. According to reports, after being stopped, the man could not explain where he was coming from or why he was naked. He admitted to drinking that day and eventually submitted to a breathalyzer test that revealed a BAC above the legal limit of .08 and he was arrested for DUI.

Background checks revealed that this was the man’s alleged fifth DUI. In Florida, a 5th DUI arrest can be charged by the State Attorney’s Office as a felony and can subject a defendant to up to five (5) years in Florida State Prison. It is unclear at this time how the Marion County State Attorney’s office will charge this man, but under Florida Statute they have 21 days to make a charging decision.

Continue reading "Naked Motorcyclist Charged with Ocala DUI" »

Hernando Today is reporting that two Spring Hill people were arrested Tuesday for DUI—while they were on their bicycle. As unlikely as that seems, under Florida law, it’s completely permissible.

Under the law, both bicyclists and drivers have a duty to obey all traffic regulations and that includes driving under the influence of drugs or alcohol.

Even when I was a prosecutor prosecuting DUIs on a daily basis, I never saw the point of charging bicyclists with DUI. The public safety concerns that were the impetus behind the prohibition of drunk driving are less of a factor in impaired bicyclist cases. The fear that a drunk drivers can seriously injure or kill themselves or others is a valid one and the penalties surrounding DUI and the required punishments for a DUI conviction are logically related to those concerns. If you are convicted for DUI, among other things, your driving privileges are taken away, and you can have an ignition interlock device put on your car. An ignition interlock device forces a driver to blow into a sobriety gauge before the vehicle will start.

One of the allegedly impaired bicyclists recognized the irrationality of being charged with DUI on a bicycle when he said to officers, "What are you going do to do, give me an interlock device on my bicycle?" But that’s essentially the argument that has to be made. The punishment should fit the crime and in this case the punishment doesn’t relate to the crime, nor does it deter it.

Continue reading "Two Bicyclists charged with Spring Hill DUIs" »

According to reports, Karlee Leliani Perez, aka as "Liviana" and “Candy Girl” in World Wrestling Entertainment’s (WWE) developmental promotion Florida Championship Wrestling, got the so-called smack down from law enforcement when she was arrested this summer for driving under the influence. Perez was stopped at Kennedy Boulevard and Moody Avenue in South Tampa.

The number of DUI convictions a person has in their past as well as whether there was an accident involving serious injuries relating to the DUI are factors that can impact the mandatory sentence in a drunk driving case. Generally, under Florida Statutes, courts are required to impose a driver’s license suspension, a hefty fine, at least six months of probation as well as DUI school as part of the sentence for a first DUI. It is for this reason that a DUI arrest should be taken seriously and why it is so important to hire an experienced DUI attorney to protect you.

Continue reading "WWE Female Wrestler Arrested For Tampa DUI" »

Tampa DUI Attorney Jason Melton has represented many defendants whose arrests wind up in the newspaper and suffer through the gossip that follows. But this past week, the Tampa, Florida publisher of the St. Petersburg Times and a sports editor were both arrested for DUI in Hillsborough County, FL. The Times was honorable enough to write about the arrest of their own employees.

According to the reports, the sports editor arrested for DUI was stopped on Bruce B. Downs and allegedly consented to providing a breath sample. The editor allegedly provided a sample of 0.19. The law presumes a driver is impaired at or above 0.08. The Florida Legislature recently amended Florida Statute 316.193, this is the Criminal Statute number for DUI in Florida, to include an enhancement of all DUI mandatory sanctions in convictions which result from arrests where the breath sample is in excess of 0.15. The law in Florida for years provided an enhancement where the breath sample was in excess of 0.20.

The Tampa, Florida publisher arrested for DUI was stopped allegedly for traveling 20 miles per hour over the speed limit. The arrest was concluded with a refusal of the breath test. In refusal cases, the State is obligated to present an argument to the jury that the defendant was impaired due to alcohol, drugs or the combination of the two. Commonly, the State will use its Field Sobriety Exercises as its most important piece of evidence in an impairment case. Because the results of these tests are so important, the method in which an officer conducts these tests or exercises is also important. The different parts of the normal FSE routine are taught in Police Academies throughout the country based on standards created by NHTSA. These exams are very much a central part of most defense cases when facing an impairment theory as opposed to a case based on a breath test, blood or urine results.

Continue reading "Slow News Day - Tampa Newspaper Reports on DUI Arrests of own Publisher and Sports Editor" »