Posted: February, 2012

Florida Fourth DUI Defense Attorneys Whittel & Melton :: St. Augustine Woman’s Alleged Attempt to Pass off Fake ID and Felony DUI Results in Prison Time

A 62-year-old St. Augustine woman plead no contest to charges of felony DUI, driving while license permanently revoked and unauthorized use of a driver license last week after she was allegedly caught trying to turn a Florida identification card into a driver license.

Police claim the woman taped a photo of herself over the main photo and pasted the words "Driver License Class E" over the words "Identification Card."

The woman was apparently spotted by a Flagler County Deputy pulling into a restaurant parking lot with a flat right-front tire. The woman allegedly told the deputy she waiting for a motor club to come and change her tire.

While the deputy was checking her license plate number, the woman allegedly sped out of the parking lot. The deputy apparently chased her for a short distance and found her 2002 Toyota wrapped around a utility pole.

According to the Florida Highway Patrol, her blood alcohol content was 0.277. The state of Florida considers intoxication at 0.08.

The woman was given the maximum sentence on each count of five years in prison, to be served concurrently. Her license was also permanently revoked.

She received a felony DUI charge last June because it was apparently her fourth offense.

Under Florida law, a fourth DUI can be charged as a third degree felony carrying prison time of up to five years. Likewise, a fourth DUI can result in the permanent revocation of your driver’s license, which can be the most devastating punishment associated with a fourth DUI conviction. This means that you may not operate any motor vehicle for any reason in the state of Florida.

Currently Florida law states that a person may be eligible for a hardship driver’s license after serving ten years of the revocation period. In order to fully qualify, a person must complete any recommended treatment as well as DUI school. In addition, the person must receive a positive reference from the Special Supervision Services program to be eligible for a hardship license. Once an individual has received authorization that they qualify for a hardship license, the motorist must give the approval to the DMV and perform the following tasks:

• Take the driver's license examination

• Pay an administrative fine

• Pay a reinstatement fee

• Pay any additional license fees

• Provide proof of bodily injury liability insurance

• Continue in the Special Supervision Services Program to keep the hardship license

All DUI cases, misdemeanors or felonies, boil down to the evidence obtained by the arresting officer who possibly conducted breath or blood tests to determine your blood alcohol content or field sobriety tests to check your reaction time and coordination. However, these tests have demonstrated numerous times over that they are unreliable. With that said, if these tests are successfully challenged, then charges may be dropped. Unfortunately, a fourth DUI felony conviction can deliver lifelong consequences. As former prosecutors, the Florida DUI Defense Attorneys at Whittel & Melton understand the importance of supplying you with a strong defense.

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Posted: February, 2012

Gainesville DUI Lawyers Whittel & Melton :: Driver Arrested for DUI after Allegedly Smashing into Semi

A 41-year-old Alachua, Florida resident was arrested Jan. 26 for DUI after she allegedly rammed into the back of a semi-trailer and had a blood-alcohol level three times the legal limit.

No one was apparently injured.

The woman allegedly provided two samples of a breath test that registered .262 and .264. Florida law presumes anyone with a blood-alcohol level of .08 or higher to be intoxicated.

The woman was booked into the Alachua County jail.

If you have been charged with a DUI in Alachua County or throughout the state of Florida, there are a few things you should know. Many times prosecutors for the State will approach you at your first court appearance and push you towards giving up your rights to a Florida DUI Attorney. This is often done so that they can resolve their cases faster. In the end, prosecutors may be able to persuade people to sign their rights away and accept a plea deal for their DUI case. However, it is important to be aware that you have the right to review police reports, videos or photographs, breath or blood test results, DHSMV records and other documents pertaining to your DUI. There is absolutely nothing wrong with requesting to view them.

The Florida DUI Lawyers at Whittel & Melton firmly believe that those who are facing criminal DUI charges deserve to know the evidence stacked against them. Those accused of a Florida DUI have the right to know whether or not deputies acted inappropriately or violated any laws or rights. If your rights were violated, this could be grounds for a dismissal of any charges before your case makes it to trial. However, without a Florida DUI Attorney you may never know if your case can be won. For these reasons, it is best to consult with the Florida DUI Lawyers at Whittel & Melton immediately following your arrest.

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Posted: February, 2012

Pasco County DUI Defense Attorneys Whittel & Melton :: Hudson Driver Accused of DUI and Fleeing the Scene of an Accident that Sent Two Motorcyclists to the Hospital

A Hudson, Florida man who had allegedly been driving under the influence was arrested Thursday after troopers claim he fled the scene of an accident that left two motorcyclists in critical condition.

Police claim the 42-year-old man was pulling out of a gas station just before 11:45 p.m. when he allegedly drove into the path of a motorcycle. The motorcycle apparently collided with the driver’s side door of the man’s Kia sedan and ejected a 62-year-old man and a 48-year-old woman from the motorcycle and into the street.

According to the Florida Highway Patrol, neither party was wearing a helmet.

The man and woman thrown from the motorcycle were taken to Bayonet Point Medical Center where they remained in critical condition.

The man apparently left the crash site and drove to his home, where he was later arrested.

A breath-alcohol test allegedly determined the man had a concentration level of 0.148 to 0.153.

He was charged with DUI and leaving the scene of an accident with serious bodily injury.

Leaving the scene of a car wreck in Florida is a serious offense, however when combined with a DUI, the possible punishments can be even more severe. The consequences associated with a DUI Hit and Run resulting in injuries or deaths are far harsher than the penalties a person would face if they remained at the site of the accident. In Florida, leaving the scene of an accident involving injury is a third-degree felony, while an accident involving death is elevated to a first-degree felony with a mandatory two year period of incarceration if also convicted of DUI.
For the State to prove guilt in a DUI Hit and Run, the following must be shown:

 The accused was driving the vehicle that caused the accident

 The accused caused the accident

 The accused had a blood alcohol concentration over the legal limit of 0.08 or his or her
normal faculties were impaired by alcohol, illegal drugs, medication or any combination of the three

 The accused knew or should have known an accident occurred

 The accused knowingly or intentionally fled the scene of the crash without rendering aid or exchanging information with the other parties involved

It is important to understand that while breath and blood tests, police reports and evidence from the accident site may be used by the prosecution in an attempt to prove guilt, if you are accused of DUI you have the right to legal counsel. Despite the facts surrounding your DUI charge, the Florida DUI Defense Attorneys at Whittel & Melton can examine every aspect of the case for flaws. Certain opportunities such as police error, illegal search and seizure, lack of probable cause and breath, blood and field sobriety test attacks may be applicable to your DUI case. If your legal rights were violated or if any evidence was improperly handled, your case may be dismissed. While every DUI case is unique, the Florida DUI Defense Attorneys will work tirelessly to seek the best possible result on your behalf.

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