« April 2011 | | June 2011 »
Posted: May, 2011

Ocala, FL DUI Attorney :: Kansas Man Arrested for DUI after Urinating in Family’s Lawn

| Share

A resident of Overland, Kansas was arrested Thursday for DUI after he allegedly urinated in a Marion County family’s yard and threw beer cans on their lawn. The man reportedly told the arresting deputy he was headed to Florida.

The deputy arrived around 6:30 p.m. to the family’s home and spoke to a man that said a black Lincoln pulled into the driveway and parked. A man got out of the car and urinated in the front yard and then pulled beer cans out of the car and threw them on the ground and left. The man’s wife and children were outside when the alleged incidents occurred.

The deputy pulled the driver over in another area of town. He reportedly told the officer that he had too much to drink and had taken an unknown amount of pills.

He supposedly requested medical attention and refused a field sobriety test. He was taken to Munroe Regional Medical Center and would not provide blood or urine tests.

He was arrested and taken to Marion County jail.

To be arrested for DUI in Florida, it does not matter if you are a resident of another state with an out of state license or if you have a Florida license. If you have been arrested for a DUI, you will face criminal court proceedings as well as a DHSMV hearing. If you are an out of state driver, you will most likely have your driver’s license suspended in your home state and face criminal prosecution in Florida.

It is important for any out of state driver visiting the Florida area to be aware that Florida is a member of the Interstate Drivers License Compact, a union that 45 states have entered into regarding traffic violations. The concept of this arrangement is thought of as “One Driver, One License, One Record.” This means that Florida will report the details of your infraction to the state of your residence, where license suspension or revocation penalties may be enforced as well as any criminal consequences that Florida may implement.

If you are arrested for DUI as an out of state driver in Florida, the most important thing you can do is contact a lawyer who is familiar with the laws and concepts specific to the local area your arrest took place.

Continue reading " Ocala, FL DUI Attorney :: Kansas Man Arrested for DUI after Urinating in Family’s Lawn " »

Posted by Whittel & Melton, LLC | | Email This Post

Posted In: DUI , Marion County

Posted: May, 2011

Florida DUI Attorney :: Jacksonville Man Charged with DUI after Passing Out: Daughter, 5, Guides Car off the Road

| Share

A 5-year-old Jacksonville, Florida girl got behind the wheel of her father’s 2010 Chevy Camaro and attempted to get off the road after he supposedly passed out in the driver’s seat Tuesday.

The car cut across another vehicle’s traffic lane, hopped a curb and landed in a parking lot. The girl then plowed over some shrubs and plants and ran over a parking sign before she could get the vehicle to fully stop. No serious injuries were sustained.

According to The Florida Times-Union, the girl’s nose and lower lip were bleeding when police arrived. The young girl and her father were supposedly locked inside the vehicle and she was coaxed out of the car by the driver of the car she almost collided with.

Police arrived after the 6:50 p.m. accident occurred and allegedly found the 40-year-old father unresponsive and staring at the ceiling. He supposedly told police he had taken Oxycodone and Xanax earlier in the day.

In addition to DUI while accompanied by a minor, the man was charged with driving under the influence and causing damage, careless driving, and two counts of driving without wearing a seat belt. The man’s bail was set at $3,000.

A family member picked up the young girl.

Driving under the influence of alcohol in combination with Xanax, or even by itself, can be a deadly combination on Florida roadways. According to medical statistics, nearly 37.5 million prescriptions for Xanax were written last year, which is an increase of nearly 8 million prescriptions from 2005. Xanax is commonly known as alprazolam and prescribed to treat panic disorders. Xanax does exacerbate the intoxicating effect of alcohol and the pill can create an exhilarated feeling within users, making it all the rage for individuals seeking a quick "high."

When a Florida law enforcement agent arrives on a scene where a DUI involving drugs is suspected, an attempt may be made to use the horizontal gaze nystagmus (HGN) or eye test to indicate impairment from the use of drugs or a controlled substance. A DUI blood or urine test could also show a presence of drugs or alcohol in a person’s system. All of the above tests, any observations made by the officer and any admissions of guilt made by the suspect can all be admissible in a court of law. The best thing to do following a DUI arrest is to contact an experienced Florida DUI Attorney, no matter what the specifics are to your DUI charge.

Continue reading " Florida DUI Attorney :: Jacksonville Man Charged with DUI after Passing Out: Daughter, 5, Guides Car off the Road " »

Posted by Whittel & Melton, LLC | | Email This Post

Posted In: DUI

Posted: May, 2011

Ocala DUI Attorney :: Marion County, FL DUI Charges for DUI after Falling Asleep Behind the Wheel

| Share

A Florida Highway Patrol trooper arrested a 26-year-old man and charged him with DUI and driving while his license was suspended or revoked Thursday after his car was witnessed stopped in a roadway in Ocala, Florida. An Ocala police officer found the vehicle with the man asleep behind the wheel inside with the keys in the ignition and the car in drive.

According to the Ocala Star Banner, the officer tried to wake the man numerous times. The trooper was called to the scene where alcohol was supposedly detected on the man’s breath.

The man allegedly failed a field sobriety test and was transported to the Marion County Jail. Two blood alcohol tests were performed at the jail that resulted in .133 and .134.

The man allegedly told the trooper he had been drinking, had two prior DUI’s in Iowa and still drives frequently even though his license is suspended.

To prove DUI in Florida, the state must prove that you were in actual physical control of your vehicle. The state can argue an individual was in actual physical control despite not driving the vehicle. If you are found asleep in a parked car, that alone can be a basis for a DUI prosecution. Actual physical control of a vehicle can just mean sitting behind the driver’s seat in some situations. The car doesn’t even have to be on to charge a person with DUI. If the keys are in the ignition or simply within reach of the person in the driver’s seat, law enforcement agents may consider the person to be in physical control of the vehicle and pursue a DUI arrest.

The State will usually argue that a driver need not be in a roadway to be charged with DUI. As long as the officer has a reasonable suspicion to investigate a situation, a DUI charge could occur from sitting in a car that is parked in the driveway of private property. Prosecutors will argue that the driveway has a connection to Florida roads.

Continue reading " Ocala DUI Attorney :: Marion County, FL DUI Charges for DUI after Falling Asleep Behind the Wheel " »

Posted by Whittel & Melton, LLC | | Email This Post

Posted In: DUI , Marion County

« April 2011 | | June 2011 »

Jason M. Melton

Criminal Defense Attorney

Contact Us Online

352-666-2121

Recent Entries

Legal Blogs