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Posted On: March 26, 2009

Gainesville, Florida DUI Manslaughter Lawyer News Update: Former UF Student Charged with Gainesville, FL DUI Manslaughter

The Gainsville Sun is reporting that a 74-year old woman died during a DUI Manslaughter car accident with a recent graduate of the University of Florida in Gainesville, Florida. Reports show that the victim was traveling from church to pick up a friend to attend the evening service. Florida Highway Patrol and firefighters were forced to use the Jaws of Life to remove the elderly woman from her vehicle. She was pronounced dead at the scene.

The former UF student is alleged to have had a blood alcohol level .210. Florida law provides for a legal presumption of impairment at or above .08. The recent graduate has suffered personal injuries from the car accident with a laceration to her arm.

The investigation conducted by Florida Highway Patrol has alleged that the accident was caused by the UF graduate losing control of her pickup truck, driving over the curb and crashing into the side of the parked vehicle of the deceased. The investigation also included some accident reconstruction whereby the Florida Highway Patrol has concluded that this potential Motor Vehicle Wrongful Death was included speeds of 54 mph at impact and somewhere near 60-68 mph before losing control of the pickup truck.

Continue reading " Gainesville, Florida DUI Manslaughter Lawyer News Update: Former UF Student Charged with Gainesville, FL DUI Manslaughter " »

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Posted On: March 18, 2009

Tampa DUI Lawyer News Update: Tampa DUI Roadblocks and Speed Traps Beware…Phantom Alert Is Here

A new factor has been added to the ongoing constitutional battle between motorist and law enforcement. In recent years, law enforcement agencies have steered away from normal DUI traffic stops and instead have relied more and more on DUI Roadblocks. We saw the same transition many years ago with speedtraps and traffic enforcement.

PhantomAlert.com has changed the legal landscape. Its services--which cost around $10 a month -- will alert the driver of approaching speedtraps and most importantly, DUI roadblocks. Phantom Alert can be downloaded to the Tom Tom, Garmin and other GPS devices.

It will be interesting to see if the software will make its way into Florida DUI Roadblock caselaw. Specifically, every year in Florida, some appellate court listens to arguments about a traffic stop being made when a motorist takes evasive or an unusual driving action to avoid a DUI Roadblock, such as turning into a neighborhood that they have no intention of going to, or making an unexpected U-turn.

Continue reading " Tampa DUI Lawyer News Update: Tampa DUI Roadblocks and Speed Traps Beware…Phantom Alert Is Here " »

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Posted On: March 16, 2009

Brooksville DUI Attorney News Update: Three drivers taken in for DUI in two-hour period

Friday evening proved to be a busy night for Hernando County DUI officers as three suspected Brooksville drunk drivers were taken into custody within two hours of each other.

According to Kyle Martin of Hernando Today, the first DUI arrest allegedly stemmed from a domestic altercation that turned into a high speed chase through the streets of Brooksville. Allegedly, the officers found the suspect and attempted to make a traffic stop, but instead followed what was described as a pattern of reckless driving to the suspect’s home. Ultimately, charges of DUI and Fleeing and Eluding were levied. Although a Florida DUI is a serious crime, it is a misdemeanor. Fleeing and Eluding on the other hand, is a third-degree felony and any conviction has a mandatory adjudication per Florida Statute-- which means that the court cannot accept a withhold of adjudication.

Later that evening, Hernando County officers also arrested two drivers for DUI who allegedly BAC results of .254 and .259. These results, if proven to be valid and taken from properly maintained breath test equipment, could prove to be problematic for the defendants as the Florida DUI Breath Alcohol limit is .08.

Continue reading " Brooksville DUI Attorney News Update: Three drivers taken in for DUI in two-hour period " »

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Posted On: March 10, 2009

Tampa DUI Lawyer News Update: Florida DHSMV Fouls up DUI Suspension on Tampa DUI Manslaughter

In 1998, William Ham was charged with a Hillsborough County DUI Manslaughter after he rear-ended 36-year-old Sandra Louise Allen's car, and killed her. According to the St. Pete Times, after pleading guilty to the Tampa DUI Manslaughter back in 1998– and serving ten years Florida Prison – Mr. Ham walked into a DHSMV office and requested a new driver’s license. Shockingly, his is request was granted.

Despite the Court ordering that Mr. Ham receive a permanent Drivers License revocation as part of his DUI manslaughter sentence, the DHSMV mistakenly only placed a three-year revocation on his record--something more consistent with a DUI Serious Bodily Injury conviction. Mr. Ham’s stroke of luck was made public when he was recently arrested for a new Tampa DUI, but to the shock of those involved in his 1998 case, there was no charge of Driving on a Suspended or Revoked License.

Continue reading " Tampa DUI Lawyer News Update: Florida DHSMV Fouls up DUI Suspension on Tampa DUI Manslaughter " »

Posted by Jason M. Melton | | Email This Post

Posted In: DUI Manslaughter

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Jason M. Melton

Criminal Defense Attorney

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