Tampa DUI Lawyer Blog

Two Pasco County, Florida men, one from Port Richey and the other from Wesley Chapel, were accused of DUI and child neglect in two separate incidents that occurred Saturday evening where there were young children in their vehicles.

The Pasco County Sherriff’s Office pulled over the 39-year-old Port Richey man after they witnessed his car weaving around 10:20 p.m. He had a 5-year-old girl in his car and a breathalyzer test read a result of 0.19, a number Florida law presumes impaired.

The girl was picked up by her mother and the man was arrested on charges of DUI and child neglect. He was released from the Land O’ Lakes jail after posting $255 bond.

In another area of Pasco County, several witnesses reported a red Jeep allegedly swerving, running a red light and driving into a ditch around 11 p.m. on Saturday night.

The driver of the Jeep, a 44-year-old Wesley Chapel man, found deputies waiting for him when he pulled into a local BP gas station.

According to the arrest report the man had a 6-year-old girl in the Jeep with him, slurred speech, smelled of alcohol and could not recite the alphabet. He told officers he had consumed three beers.

Geoff Fox from the Tampa Tribune reports that the man failed field sobriety tests and a Breathalyzer test done at the jail showed he had not been drinking. The man would not provide a blood or urine test, but did admit to taking oxycodone and soma, a medication containing codeine, earlier in the evening.

The Wesley Chapel man was charged with DUI and child neglect. He was released Sunday morning from jail after posting $5,155 bond. It is not mentioned who took the girl home.

If these men are convicted of driving drunk with children in the car they could be exposed to increased penalties imposed by the court. The Pasco County State Attorney’s Office may seek sanctions such as incarceration, hefty fines and a license revocation for longer than the automatic six month administrative suspension from the DHSMV. Florida courts take DUI very seriously, and harsher sanctions are often administered to those that risk the lives of children in their vehicle when they get behind the wheel of a car intoxicated.

Continue reading " Pasco County, Florida DUI Attorney :: Two Men Arrested for DUI with Children Inside Vehicles " »

A Hudson, Florida woman was arrested and charged with driving under the influence, child abuse, possession of marijuana and possession of a controlled substance without a prescription after Pasco County police say she allegedly passed out at a Burger King drive-through with three children in her car.

The Associated Press reports that authorities were called after employees watched the 27-year-old woman fall asleep in her car. Children — ages 1, 3 and 5 — were passengers in the automobile.

The Pasco County Sherriff’s Office reported that the woman had marijuana and oxycodone in her possession, and she allegedly told police she had smoked marijuana earlier in the day. She was held on $7, 150 bond.

The children were placed with their father.

A prosecutor for the state of Florida must show that the defendant was driving and at that time also under the influence of alcohol and/or a chemical substance to prove DUI. In this case, where there is no mention of the presence of alcohol, the State will attempt to weave an argument of impairment based on the presence of drugs and possibly any statements that may have been made at the scene. Assuming they are admissible at trial, these statements will most likely be the corner stone of the State’s case. Sometimes that’s a tough sell to a jury, especially when the only person who heard these comments is the same person who made the arrest.

Continue reading " Pasco County, Florida DUI Attorney :: Tampa Bay-Area Woman Faces Several Charges After Falling Asleep at Burger King Drive-Thru with Children in Car " »

Orlando, Florida police arrested former Pittsburgh Steelers football player Joseph Burnett II, now under contract with the New York Giants, for his first DUI last week.

Burnett, 24, was arrested on March 16 by Orlando police and charged with first-degree misdemeanor DUI, according to court records.

He posted bond and was released from jail the same day. According to the Orlando Sentinel, his arraignment date is April 14 at the Orange County Courthouse.

An Orlando police arrest affidavit showed that Burnett’s vehicle was failing to maintain its lane and moving at a low rate of speed.

An officer followed Burnett and pulled him over after he starting speeding an alleged 10 mph over the speed limit. The arresting officer said that when Burnett exhaled he smelled a trace of alcohol from his breath.

Burnett agreed to a field sobriety test where the arresting officer concluded that Burnett was supposedly under the influence of either drugs or alcohol that impaired his normal faculties.

Following his arrest he was transported to a DUI center where he provided two valid breath samples, both reading 0.046. Florida’s legal limit is 0.08, but a driver can still be charged with driving while under the influence for failing a field sobriety test.

Burnett received a misdemeanor citation for driving while under the influence and was transported to the Orange County Jail.

A blood or breath test reading at least 0.08 automatically declares intoxication according to Florida DUI statute. However, this case is a prime example of being arrested for being too impaired to drive even if your reading is below 0.08. Oftentimes a lower reading can indicate to police that an individual is under the influence of another intoxicant such as drugs or medications.

Field sobriety tests have widespread use, but are not always reliable indicators of being too impaired to operate a vehicle. The results of Burnett’s field sobriety tests can be contested on several arguments, including improper “grading” or incorrect administration by the officer.

Continue reading " Orlando, Florida DUI Attorney :: New York Giants Defensive Back Arrested for First DUI " »

A Palm Harbor, Florida man was charged with DUI after he apparently rear-ended a police cruiser Thursday afternoon.

The Associated Press is reporting that the 40-year-old man did not suffer any injuries, but the deputy sustained minor injuries.

The Pinellas County Sherriff’s Office reports that the man failed a field sobriety test by all accounts and had Oxycodone in his possession.

The Palm Harbor man was arrested and charged with DUI, DUI with personal injury, DUI with property damage and felony possession of a controlled substance. He has been released on $3,500 bail.

According to Florida law, any person driving under the influence of alcohol or drugs that causes property damage or personal injury to another is guilty of a first degree misdemeanor. Mandatory minimum sentencing can apply if this man has any prior DUI convictions. If this is a first time occurrence, the maximum sentence is one year in jail and a $1,000 fine. A first time DUI carries consequences of six months in jail and a $500 fine.

Any DUI case with property damage or personal injury is viewed very seriously in the eyes of Florida law. Published government agency statistics show that DUI accidents make up almost forty percent of fatal vehicle collisions and just about ten percent of these car crashes involve alcohol.

Continue reading " Palm Harbor, Florida DUI Attorneys :: Tampa Bay- Area Man Charged with DUI Following Collision with Deputy " »

A University of Florida baseball player was arrested Sunday night for DUI after allegedly performing poorly on field sobriety exercises.

The UF senior refused a breathalyzer following his arrest.

According to the arrest report, the 22-year-old baseball student-athlete was observed by an officer making wide turns and drifting towards a curb while navigating his vehicle. The officer also noted that the man’s eyes were supposedly bloodshot and glassy.

The Gainesville college baseball player was released from the Alachua County jail on Monday and has been suspended from the University of Florida baseball team.

In this case, the student-athlete refused a breathalyzer test so there is no exact measurement of breath, blood or urine that can prove he was driving under the influence of illegal drugs, alcoholic beverages, medication or a combination of the three. However, in the state of Florida, State Prosecutors do not need the results of these tests to enforce a DUI charge. Since the arresting officer noted that the man’s actions did not maintain normal faculties, this could be sufficient evidence for the state to prove their case against the defendant.

The Florida DHSMV will immediately suspend the man’s driver’s license for a full 12 months for his refusal to submit to a breath test. This Gainesville baseball player has 10 days from his arrest to challenge and appeal his administrative suspension and obtain a Temporary Drivers Permit. By contacting a Florida DUI attorney, an appeal can be started and an investigation into any information or evidence can be gathered to put towards trial, in the event the case makes it that far.

Continue reading " Gainesville, Florida DUI Attorneys :: College Baseball Player Arrested for DUI " »

A Plant City, Florida man was arrested Thursday night on charges of DUI manslaughter, which the Florida Highway Patrol says is in connection with a fatal March 6 crash.

Troopers stated that the man was driving a 1999 Ford Escort, heading east, when he crashed into a 2005 Toyota Corolla almost head on.

According to the report, the passenger of the Toyota Corolla was killed and the driver was injured. Also killed, was the passenger in the Plant City man’s Ford Escort. The man driving was injured as well.

During the investigation, the Plant City man’s BAC was allegedly twice the legal limit in Florida at 0.216.

The man faces the manslaughter charge, one count of DUI involving serious bodily injury, one count of DUI property damage, and a traffic citation for driving on the wrong side of the roadway.

He is awaiting his first appearance on Friday at the Hillsborough County jail.

DUI manslaughter is considered a Second Degree Felony in the state of Florida. This offense is punishable through heavy fines, restitution, and a maximum of 15 years imprisonment. For the charge of DUI involving serious bodily injury, the man could be found guilty of a Third Degree Felony punishable by $5,000 in fines and up to five years behind bars. This man could be facing a permanent license revocation as well.

Continue reading " Tampa, Florida DUI Lawyer :: Central Florida Man Charged with DUI Manslaughter " »

March, 2011

A Largo man was arrested and charged with driving under the influence after colliding into a police cruiser early Wednesday morning.

According to arrest reports, the 37-year-old man crashed into the police cruiser around 1 a.m.

The officer behind the wheel of the cruiser was taken to Largo Medical Center for evaluation. He supposedly did not suffer any severe injuries.

The man arrested allegedly had red eyes and breath that smelled of alcohol, according to police. He refused to submit to field sobriety tests or a breath sample.

Police said that a white powder found in his pocket tested positive for cocaine. He was also charged with possession of a controlled substance.

Arrest reports indicated that the man was arrested on Jan. 22 for a DUI charge where he also refused to submit to testing. As a result, his license was suspended and he is now charged with driving with a suspended license.

Court records show that the man was convicted of DUI in February 2006 where he received one year of probation.

The man was released on $6,750 bail from the Pinellas County Jail on Wednesday afternoon, according to the St. Petersburg Times.

The difference between a misdemeanor and felony DUI is based on numerous factors. First, if the DUI is a driver's third DUI within 10 years or their fourth or successive DUI, the State can file a Felony DUI charge. Second, a Felony DUI can be charged if the injuries caused by the DUI resulted in a severe bodily injury or death, which is also known as DUI Manslaughter.

Continue reading " St. Petersburg, Florida DUI Attorney News :: Largo Man Charged with Third DUI " »