Tampa DUI Lawyer Blog

A St. Lucie County judge was arrested Tuesday night after allegedly causing her car to swerve back and forth before hitting a guardrail several times and eventually crashing on a bridge. Vero Beach Police responded to the scene shortly after.

The 52-year-old judge, who oversees misdemeanor drug cases, supposedly required three officers to remove her from her vehicle because she refused field sobriety tests and would not exit her car. She was charged with misdemeanor DUI with property damage and misdemeanor resisting arrest without violence.

She was released on $1,000 bail.

According to reports, police supposedly noticed the woman’s eyes seemed bloodshot and glassy, her breath smelled of alcohol and her clothes were disheveled with what appeared to be vomit.

She allegedly identified herself as a St. Lucie County judge and told police she was using her cell phone when she lost control of the vehicle.

The woman is also accused of having an open bottle of Xanax prescription pills in her car, which she supposedly told police was her thyroid medication.

Police apparently asked her to exit her vehicle several times, but she supposedly refused. The report shows that one officer pried her fingers from the steering wheel while two others removed her from the car.

Vero Beach Police supposedly did not have a police dashboard camera video of the arrest because the camera was broken.

Another State Attorney’s Office from outside the 19th Judicial Circuit has been asked to prosecute the case. Reprimands for judges go through the state Judicial Qualifications Commission.

Based on the above reports, this judge could face some serious ramifications for her alleged behavior behind the wheel. If she is found to be in violation of the ethical standards for judges, she could face disciplinary action recommended by the Judicial Qualifications Commission and finally determined by the Supreme Court. Some possible forms of discipline may include a fine, public reprimand, suspension from office, removal from office, involuntary retirement and possible no disciplinary action at all. The Florida Judicial Qualifications Commission, or JQC, is an independent agency that investigates allegations of misconduct by state court judges. Many times when a judge’s compliance with the Code of Judicial Conduct is questioned and investigated, prosecutors with the State Attorney’s Office in that district will ask another office to prosecute the case to rule out any possible views of misconduct.

Since no field sobriety tests were performed and there is no videotape of the scene, it could be tough for the State to prove guilt on the charge of DUI. Many Florida police patrol vehicles contain video cameras that record a DUI arrest in its entirety. The video usually contains portions of your driving behavior, the actual traffic stop, interactions with the officer and field sobriety tests. This can often hold strong evidence to be used by the prosecution, but occasionally it can be helpful to the defense as well. Many times these videos prove overstatements, improper conclusions and exaggerations made by the arresting officer. Without evidence from a breath or blood alcohol test, field sobriety exams and/or video of the scene, any finding of guilt in a DUI case could be mere speculation.

Despite the details related to a DUI arrest, it is pertinent to contact a Florida DUI Defense Attorney to help refute charges stacked against you. At Whittel & Melton our attorneys can review any and all possible evidence and select the strategy best suited for your defense.

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A 19-year-old University of Miami student was charged with DUI Manslaughter Monday in Miami-Dade Circuit Court as a result of an Oct. 3 car crash that killed a 68-year-old mother of five and grandmother of seven.

According to Coral Gables police, the student allegedly had a blood alcohol level nearly triple the legal limit when she rammed her 2011 Audi Q5 into a Ford Focus shortly after 4:30 a.m. The driver of the Ford Focus was killed instantly.

The student was first charged with vehicular manslaughter, but prosecutors tacked on the DUI manslaughter charge as well as a third-degree felony count of possessing a false driver’s license. The student is accused of possessing several fake IDs.

The student’s toxicology report indicates that shortly after the crash her blood alcohol level was .231, according to the Sun-Sentinel.

The girl has allegedly pleaded not guilty and is awaiting trial under house arrest.

The victim’s family is supposedly suing the student and her father, the owner of the Audi, for negligence.

In accidents such as this one, it is important to note that police and Florida Highway Patrol reports are often drawn up quickly and biased against a driver that indicates impairment from either alcohol or drugs. It is crucial to contact an experienced Criminal-DUI Defense Lawyer after an alcohol-related wreck occurs so that the defense can begin a separate investigation while any evidence is still fresh. The sooner the defense can perform an independent toxicology analysis and accident reconstruction, the better.

When a driver causes an accident either by operating a vehicle negligently or by disobeying a traffic law, he or she may be charged with Vehicular Manslaughter. If police find that alcohol was involved, then prosecutors often charge the person that consumed alcohol with Vehicular Manslaughter even if the accident was unavoidable and quite possibly not his or her fault. A DUI Manslaughter conviction can carry up to 15 years in prison with a minimum mandatory sentence of four years. There is a mandatory lifetime driver’s license revocation in addition to prison time if convicted.

In allegations of DUI Manslaughter, there are two main factors a criminal defense attorney explores – the intoxication level and the cause of the accident. There are several standard ways of fighting a DUI in regards to intoxication level, including the accuracy of BAC testing devices, assumption of the BAC at the time of the accident, the possibility the driver did not consume enough alcohol to be considered under the influence and poor police DUI investigation tactics. It is critical for a Florida Criminal-DUI Defense Attorney to conduct an independent accident reconstruction with the help of private experts to determine the exact cause of the accident. DUI Manslaughter charges arise from speculations that the defendant’s impaired driving caused the death of the victim. The victim of a DUI Manslaughter case could be a passenger as well as a passenger in another car or even a innocent bystander.

The Florida Criminal-DUI Defense Lawyers at Whittel & Melton can vigorously challenge the prosecution’s case. We understand that these are extremely emotional cases and the family of the victim will be pushing the State for maximum penalties. Our staff and attorneys have the training and experience needed to properly evaluate the facts of your case and successfully defend your DUI manslaughter charges.

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The DeBary, Florida assistant city manager arrested for DUI on June 3 pleaded no contest to Reckless Driving in court on Thursday.

The 36-year-old was charged with DUI, but through an agreement with prosecutors a plea to a less-serious charge of Reckless Driving was offered.

According to the Daytona Beach News-Journal, the woman was waived from additional sanctions like 50 hours of community service and probation because she is heavily involved in community projects and completed an alcohol safety course on her own.

The woman will keep her position with the city, according to the city manager of DeBary.

According to a Florida Highway Patrol report, the woman passed a trooper around midnight
traveling at 90 mph when she changed lanes and ran off the road. When she was stopped she allegedly admitted to the officer she had a good amount to drink and supposedly fell during her sobriety tests.

A plea bargain for a DUI, like in this case, is a deal made with the prosecution where a defendant pleads either guilty or no contest to a lesser offense in exchange for a less severe punishment. When the defendant accepts the plea, he or she gives up the right to trial for the original crime. For those who do not wish to gamble with the outcome of a trail, a DUI plea bargain for a lesser offense may be an attractive alternative to the possible consequences associated with a DUI conviction.

Depending upon the circumstances, sometimes prosecutors in Florida will accept a plea bargain of “wet reckless.” “Wet Reckless,” also known as Reckless Driving involving alcohol, is usually the negotiated result of a DUI charge reduced to a case of Reckless Driving. A plea bargain of this kind can often be arranged when the amount of alcohol in the person’s system is borderline illegal, there was no accident or property damage and the accused has no previous record.

DUI charges that are amended by the prosecution to Reckless Driving often carry DUI type penalties, including attendance of DUI School, fines, alcohol evaluations and community service. However, the accused does not suffer the social ramifications and stigmas of a DUI conviction.

Every DUI case is unique. The Florida DUI Defense Attorneys at Whittel & Melton can review your case and determine if your case could be a good candidate for reduced charges, like Reckless Driving. After a free consultation our attorneys can examine the following aspects:

• Whether your vehicle was stopped based on signs indicating impairment

• If an accident occurred resulting in property damage or personal injury

• Field sobriety test performance

• Whether alcoholic beverage containers were found in the vehicle

• Whether or not law enforcement requested a blood, breath or urine test and if the accused refused or complied

• The results of any blood, breath or urine test

• The amount of time elapsed from the time of driving to the time of testing

The above factors can all be key indicators of whether or not you may be able to plead down your DUI charge. By contacting Whittel & Melton immediately following your DUI arrest, we can investigate all aspects of your case and uncover any evidence that could be useful in getting your charges reduced or dismissed entirely.

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A WWE wrestler was arrested at the end of September and charged with one count of DUI with a BAC over 0.15.

According to WTSP.com, Jonathan Fatu, who goes by the professional name Jimmy Uso, was allegedly observed by Tampa police driving the wrong way sometime before 3 a.m.

Fatu allegedly showed signs of impairment during a field sobriety test. The arrest report indicated the man supposedly had slurred speech, glassy bloodshot eyes and the smell of alcohol on his breath.

The wrestling pro resides in Tampa and is currently part of a tag team with his twin brother.

In general, police must observe something about the driver that gives them a reason to stop the motorist. Like any rule, there can be exceptions to this including blocking roadways, sobriety checkpoints and accidents. However, many of the reasons police stop a vehicle on suspicion of DUI have nothing to do with DUI, rather are might be technical flaws in the driving pattern as opposed to driving behavior clues that are indicative of DUI.

As an example of the assumptions made by law enforcement based on driving patterns, the National Highway Traffic Safety Administration has published common driving patterns or “cues” exhibited by motorists investigated for DUI. The research, conducted over several years, places percentages next to the driving cues that indicate X% chance the driver is impaired. There have been 24 driving cues identified that can be broken down into four categories:

Faults in Maintaining Proper Lane Position- 50% chance driver is impaired

• Drifting
• Swerving
• Weaving
• Weaving across lane lines
• Straddling a lane line
• Nearly striking another vehicle or object
• Turning with a wide radius

Speed and Braking Problems- 45% chance driver is impaired

• Slow speed
• Varying speed
• Accelerating for unknown reason
• Stopping too far, too short, too jerky, etc.

Vigilance Problems- 40% chance the driver is impaired

• Driving without headlights at night
• Failure to signal a turn or lane change
• Driving the wrong way
• Delayed response to traffic signals
• Slow or failure to respond to officer’s signals
• Stopping in the lane for unclear reasons

Judgment Problems- 35% chance the driver is impaired

• Following too closely
• Improper or unsafe lane change
• Illegal or improper turn
• Not driving on the designated roadway
• Stopping inappropriately in response to an officer
• Inappropriate or unusual behavior, and
• Appearing to be impaired

The Florida DUI Defense Lawyers at Whittel & Melton recognize that most DUI investigations begin before a motorist is actually pulled over by a police officer. Officers are trained to be on the lookout for driving behaviors thought to be consistent with alcohol intoxication. These alleged cues of inebriation are usually depended upon by law enforcement and prosecutors to substantiate guilt in DUI cases. However, along with additional facets of a DUI investigation, relying on these cues can be misleading because certain people are uncoordinated and may display some of these driving cues while sober. It is extremely important to retain an experienced Florida DUI Attorney who is well-versed on how to combat the prosecution’s efforts to use your observed driving pattern against you. By doing so, you have the best chance of obtaining positive results for your unique case.

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